PUBLIC MEETING - HIGHLANDS HISTORIC DISTRICT

The meeting, held in the Township Building, was called to order at 7:40 p.m. by Chairman Kenneth Miller; others in attendance were Supervisors Zoe Perkins and Karl Brachwitz, Township Manager Allen Heist, and Township Solicitor Allan Greenwood. Mr. Miller noted that the meeting had been duly advertised as required. The purpose of this meeting was to provide information about the West Vincent Highlands Historic District nomination to the National Register of Historic Places and to hold discussion and record comments. Mrs. Estelle Cremers and Mrs. Eleanor Morris, French and Pickering Creeks Conservation Trust, and Ms. Carol Lee, Bureau for Historic Preservation PA Historical & Museum Commission, were present to conduct the meeting.

Mrs. Cremers introduced the project by reviewing the development of the nomination process. In March 1995, a group of Township residents living in the highland area expressed interested in establishing a Rural Historic District; French & Pickering Creeks Conservation Trust was contacted and asked to prepare the nomination. On May 1, 1995, the Board of Supervisors agreed to support partial funding of the West Vincent Township Rural Historic District in the amount of $3750 and Mrs. Cremers began the project research. A Historic Resource Survey Form documenting the district was prepared in August 1996; a site visit by a Bureau for Historic Preservation staff member and a member of the PA Historic Preservation Board was conducted in September 1996, at which time final district boundaries were established. In January 1997 the West Vincent Highlands Historic District nomination was sent to PA Historical & Museum Commission for staff review; revisions were made and the review was completed in January 1998. Tonights public meeting is a mandated requirement of the nomination process. A meeting of the PA Historic Preservation Board will be held March 10, 1998 at 9:45 a.m. to review and discuss the historic significance of the West Vincent Highlands Historic District.

The District contains approximately 2000 acres under 100 ownerships and is located from Birchrunville south and west about four miles toward Ludwigs Corner. It is mostly in West Vincent Township but includes three properties in Upper Uwchlan Township. The District meets historic registration criteria for agriculture and architecture significance. Ms. Lee explained the National Register of Historic Places is the Federal government's official list of historic properties worthy of preservation. Listing in the National Register provides recognition, assists in preserving our Nation's heritage, and ensures protective review of Federal projects that might adversely affect the historic character of the property. The Historic District designation can raise property values, generate community activity, and provide a precise and accurate history of an area. If a property is listed in the National Register, certain Federal investment tax credits for rehabilitating a building and a charitable contribution deduction may apply. The Historic District designation does not restrict the homeowner in any way or prevent new building within the district.

Ms. Lee also reviewed the rights of owners to comment and/or object to listing in the National Register. A notarized statement certifying ownership of the property and stating comments or objections can be submitted to the PA Historical and Museum Commission prior to the March 10th meeting. If a majority of property owners in the District objected, their properties would not be "listed" but the District could still be found to be "eligible".

Audience questions and comments followed. Ronald Agulnick, Esq., representing T. Kenneth and Harry Emery, stated listing in the Historic District impacts his clients ability to develop their lands due to delays or unavailability of community sewer, wetland, NPDES and other permits and he considers the District a threshold to restrictive zoning. It was noted, the Board of Supervisors received a letter dated April 2, 1997 from Mary Wade Myers, Esq. representing Kenneth and Harry Emery, stating their opposition to the creation of the Historic District. Notification was also sent to the Bureau of Historical Preservation in Harrisburg. Mrs. Cremers pointed out the removal of the Emery properties would adversely affect the entire Historic District and possibly cause nomination refusal. Historic nomination differs from Historic zoning - the Township regulates zoning restrictions. Ann Dunn asked Mr. Agulnick to name a Township where a Historic District hasn't worked; no examples were cited. Jonathan Thir responded with a building situation in Wallace Township where a contractor experienced a four-year delay due to Historic regulations. It was agreed the situation involved Historic Zoning and not a Historic District nomination. Alice Waters, realtor and property owner in support of the Historic District nomination, stated historic attributes enhance property values. In development, there are other issues, not historic nomination, that delay the process.

Wheeler Aman asked Mrs. Cremers the number of large parcels contained in the Historic District; forty farms, ranging from 10 acres to 120.4 acres are included. The right to comment or object to the listing in the National Register is based on ownership not number of acres owned.

Gene Richards questioned "Who is the applicant of the nomination?". The nomination was prepared by Mrs. Cremers and French and Pickering Creeks Conservation Trust; the applicant is the State of Pennsylvania.

In addition to Kenneth and Harry Emery's opposition to inclusion in the Historic District, Vincent Kling Jr. requested removal of his property from the Historic District in his letter dated February 18, 1997 to Estelle Cremers. Kenneth Miller questioned, "Can individual properties be removed from the District or can the District line be changed?" Ms. Lee explained the Historic District was determined during the site visit in September 1996. Boundaries are based on viewsheds, physical resources or landscape, not the desires of the property owner. It would be difficult to change the boundaries in light of the fact the March 10th meeting of the PA Historic Preservation Board has been scheduled and the work that has taken two years to complete would have to be rewritten. If determined eligible by the Historic Preservation Board, the West Vincent Highlands Historic District nomination will be forwarded to the National Park Service for entering in the National Register or eligibility determination. The Public Meeting adjourned at 9:05 p.m.

REGULAR MEETING

The regular meeting of the Board of Supervisors was called to order at 9:13 p.m.

As advertised, bids for Equipment Rental were received on Friday, February 6 at 3 p.m. at the Board's workshop meeting. One bid was received from Robert W. Fetters. Unanimous approval of this equipment rental bid was granted with a motion from Mr. Brachwitz and a second from Mrs. Perkins.

Township Manager Allen Heist reviewed Resolution No. 2-1998, an annual resolution establishing the areas of responsibility for police, fire, rescue, and ambulance service in the Township. A motion was made by Mr. Brachwitz for approval of Resolution No. 2-1998; it was seconded by Mrs. Perkins and carried unanimously.

Minutes of the January 5, 1998 meeting were approved as corrected (first paragraph, Mr. Greenwood nominated was corrected to read Mrs. Perkins) and January 26, 1998 approved as presented on a motion from Mr. Brachwitz and a second from Mrs. Perkins; the motion carried unanimously.

Chairman Miller waived the review of reports; copies are available on the table in the rear of the meeting room.

Signal Service, Inc. sent a memorandum introducing a LED traffic signal retrofit kit that can be installed in existing traffic signal heads and reduces electricity consumption up to 90% in red traffic signal sections. Also, a traffic signal underground locating service is available. A decision was tabled to allow for cost review.

Chester County Association of Township Officials Spring Convention will be held March 5, 1998 at the Downingtown Country Club. Manager Heist plans to attend.

Matthews Run - Gene Richards, realtor, Jonathan Thir, equitable owner, and Jeffrey Miller, Evans Mill Environmental were present. Mr. Richards reviewed the waiver request granted by the Board in November 1997, permitting the use of Class I Well Permit procedures; he noted in granting the waiver, a waiver from a hydrogeology study was also granted. Mr. Richards objects to the recommendation from the Township Engineer and Planning Commission that the Township forward the nitrate plume information from the previous subdivision plan submission to PaDEP as part of a Component 1 Planning Module review for Matthews Run Subdivision. Jeffrey Miller reviewed preliminary nitrate concentration calculations based on the proposed plan, which has an overall lower density and the benefit of a groundwater recharge system. He agrees the recommendation from the Township Engineer and Planning Commission is an unwarranted request. Mr. Richards, on behalf of the applicant, requested the Board not to forward the study to PaDEP as part of the Planning Module review. Board members decided to allow PaDEP to make the determination on the nitrate issue. In addition to the nitrate plume analysis, information relating to the stormwater recharge, drainage calculations, and a follow-up letter from Mr. Miller will be submitted with the Planning Module. Previously, the Component 1 Planning Module has been sent to PaDEP following preliminary Board approval of a subdivision; Manager Heist will confirm changes in the PaDEP submission procedure and the information will be sent to PaDEP for review as soon as possible.

The Board reviewed a proposal submitted by George J. Donovan A.I.A. & Associates for completing a feasibility study and professional cost estimate for relocating the Township Building to the Evans Farm property. Motion by Mr. Brachwitz to approve the feasibility study as outlined in the Donovan & Associates proposal in the amount of $5150; it was seconded by Mrs. Perkins and unanimously approved.

Kenneth Emery requested the Board to send a position statement on the West Vincent Highlands Historic District to the Historic Preservation Board. Solicitor Greenwood questioned the fairness of discussing the Historic District after the close of the public meeting. Mrs. Cremers, Mrs. Morris, Kenneth Emery, and Harry Emery will be invited to attend the Friday work session for further discussion on the Historic District.

Wheeler Aman inquired as to the status and availability of cable along Pughtown Road and the status of opening the trail easement around the perimeter of the Kimberbrae subdivision. Manager Heist will follow up with Suburban Cable and Mrs. Perkins will contact East Pikeland Township for more information on the open space area north of the Kimberbrae subdivision.

Unanimous approval was granted to the Castle Valley Consultants, Inc. proposal for assisting in the planning and design of a Township-wide Individual On-lot Sewage System Management Program, not to exceed $5800, with a motion from Mr. Brachwitz and a second from Mrs. Perkins. At least 50% of the cost is reimbursable by PaDEP.

Jacqueline L. Peabody, Director for the Chester Springs Library, presented the 1997 annual report. Circulation is up 21% over last year; total income for the year was $43,670; on-line reference service at two computer work stations is available; thirty volunteers logged 1,540 hours; three pre-school programs each Thursday, monthly adult book discussion group and Summer Reading Club for children are offered; and building renovations have been completed.

A motion was made by Mr. Brachwitz to proceed with exploring and applying for tax exemption status, as defined by Section 501C3 of the Internal Revenue Code, to provide for a Land Trust organization that would carry out the conservation and preservation activities and policies of the Township; it was seconded by Mrs. Perkins and carried unanimously.

Mark Dushanko inquired as to the status of the subdivision driveway specification issue. Solicitor Greenwood advised him the issue is under litigation exception and has not been resolved. The Board will meet in executive session, following adjournment, regarding the driveway issue.

The January Treasurer's Report and bills list dated February 9, 1998 were unanimously approved on a motion by Mr. Brachwitz and second by Mrs. Perkins.

There being no further business, the meeting adjourned at 10:20 p.m.

Respectfully Submitted,