M & M Sunoco, Inc. v. Upper Makefield Township Zoning Hearing Board

COLINS, Judge.

Joseph P. Mathews, Sr., owner and operator of a gasoline service station, M&M Sunoco, Inc. (M & M), appeals from an order of the Court of Common Pleas of Bucks County (Com mon Pleas) affirming the decision of the Zoning Hearing Board (Board) of Upper Makefield Township (Township), which denied M & M’s request for a special exception and variance to build a canopy over gasoline pumps situate on M & M’s premises. We affirm.

Two different versions of the canopy were initially proposed by M & M, but the Board based its denial upon evidence relating only to the larger of the proposed…