WEST VINCENT TOWNSHIP
PLANNING COMMISSION MINUTES
JANUARY 15, 1998

ATTENDING: Chairman James Wendlegass, Vice Chairman Kate Damsgaard, Members Wheeler Aman, Vince Kling and Joan Michaelson.

Chairman James Wendlegass called the meeting to order at 7:35 p.m. A motion made by Vince Kling to appoint James Wendlegass as Planning Commission Chairman and Kate Damsgaard as Vice Chairman was seconded by Wheeler Aman and unanimously approved. The following correspondence was reviewed:

Chairman Wendlegass reviewed a memorandum from the Township's Engineer firm, Castle Valley Consultants, Inc., regarding their evaluation of the driveway standards defined in the current Subdivision Ordinance. While not as durable as the original standard, the following standard is capable of handling the traffic load of a single dwelling and provides a better wearing surface:

It was noted, this evaluation was requested due to an inconsistency existing within the Subdivision Ordinance driveway standards.

Information has been received that the oral argument in the Polay Appeal has been tentatively rescheduled for Wednesday, January 28, 1998 at 8:45 a.m. before Judge Platt.

A Planning Commission workshop is scheduled for Thursday, January 22, 1998 at 7:30 p.m. to continue review on the Ludwigs Corner Master Plan draft. Traffic Planner Susan Walters will be present to discuss the amount of traffic generated and the functioning capabilities of the roads when faced with a "worst case scenario". Members will also identify the areas of the Zoning Ordinance still under consideration. Copies of the Zoning Ordinance draft and the Subdivision and Land Development Ordinance draft were distributed.

A Sketch Plan was reviewed by George S. Robinson, Jr. for his property located at 2604 Horseshoe Trail, Chester Springs. The plan shows 20.854 acres divided into two lots of 5.886 acres and 14.968 acres with Lot 1 (5.886 ac.) being conveyed to his son for a single family dwelling with on-site well and septic. Environmental constraints on Lot 1 include a stream, wetlands, steep slopes greater than 25% and 15-25% slopes. A 25' wide easement for an existing driveway off Horseshoe Trail provides access to the two existing dwellings on Lot 2 and access for Lot 1. Concerns were mentioned regarding the impact of the common driveway on the property owner of Lot 2.

Gene Richards, representing property owner Thomas Liversidge, reviewed a two-lot minor subdivision plan of 22 acres, of which 10 acres is to be retained by the owner and the remaining acreage is part of the Matthews Run Subdivision. A trail which follows "Old Mill Road" along the property line will be added to the plan. Further delineation of wetlands is planned as a result of the recent discovery of a new stream on the 10 acre lot.

In response to the concerns expressed during the December Planning Commission meeting regarding the Mill Road access to the Liversidge property, Mr. Richards has investigated the access and reported on his findings. Approved subdivision plans for the Mediavilla (1990) and Williams (1992) properties denote the Township portion of Mill Road with a 20' easement to the Pyle property, which services the three Liversidge properties. A copy of an agreement dated March 28, 1990 between Rodolfo and Barbara Mediavilla and Jack and Julia Williams, which describes in detail the ingress/egress to the Liversidge property, also states "the parties hereto acknowledge that the existing right of way has been and will continue to be used by the Liversidges and their hears and assign". Mr. Richards believes the 20' easement constitutes a clear legal easement to the Liversidge property. Prior to the Mediavilla Subdivision, Mill Road was located between Horseshoe Trail and Fellowship Road. The Mill Road extension has not been vacated; it is Mr. Richards' opinion that if a road is not used and is not maintained, it does not exist. This statement was contradicted by others in attendance who agreed that a road must be formally abandoned. The applicant's legal counsel will submit Mr. Richards' findings on the Mill Road access to Fronefield Crawford, Esq. for review.

Mr. Richards was asked to consider adding an access road from the Matthews Run Subdivision culdesac to the Liversidge property to address the concerns regarding the creation of a land-locked parcel and/or possible future development. He felt this was not an available option due to steep slopes and wetlands on the Liversidge property, constraints which would prohibit further development. However, Mr. Richards will request Mr. Liversidge to consider a deed restriction against further subdivision. When the wetlands delineation is completed, a date will be set to walk the Matthews Run/Liversidge properties.

Chairman Wendlegass reviewed a memorandum from Craig Kologie, Castle Valley Consultants, recommending the Township forward the nitrate plume information from the previous plan submission to PA DEP as part of the Matthews Run Component 1 Planning Module review. Mr. Richards stated this request was unwarranted due to:

  1. The well and septic locations have been moved.
  2. The Matthews Run plan shows four stormwater recharge systems, which provide for a coefficient rate of 4:1. The amount of water recharged will dilute or defuse any existing nitrates.
  3. A Hydrogeologic Impact Study was waived as part of the Impervious Cover Mitigation Waiver (Well Ordinance Section 601).
  4. LGI, the firm who completed the hydrogeologic review in September, 1990, and requested further investigation and testing be done, no longer exists.
  5. There is no known nitrate pollution in West Vincent Township.

Due to the information on file regarding potential nitrate plumes on the property of the Matthews Run Subdivision and extending to a neighboring property and insufficient documentation refuting the concern, a motion was made by Kate Damsgaard to follow Castle Valley Consultants' recommendation and attach the nitrate plume information with the sewage module to DEP. A note will be included stating that the nitrate plume analysis was done for a prior subdivision proposal on the same property as the Matthews Run Plan, but the prior proposal did not have the same lot configuration as the current plan. The motion was seconded by Wheeler Aman and unanimously approved.

In response to a comment made by Mr. Richards, Wheeler Aman stated for the record, that he "never authorized or had knowledge of the Planning Commission authorizing a hydrogeologic study to kill the VanBuskirk project".

The minutes from the December 18, 1997 meeting were unanimously approved with a motion from Vince Kling and a second from Kate Damsgaard. The meeting was adjourned at 9:40 p.m.