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

Chairman James Wendelgass called the meeting to order at 7:40 p.m. The following correspondence and reports were reviewed:

• Chester County 2020, a conference focusing on managing growth, preserving open space, and building livable communities in Chester County, is scheduled for Wednesday, April 29, 1998, 4 to 8 p.m., at the Downingtown High School.
• Copies of DVRPC - PA 100 Corridor Study were distributed. Wheeler Aman noted the high cluster accident area along Route 100 between Route 401 and Horseshoe Trail, as referenced on pages 48 - 50 of the Study.
• The West Vincent Highlands Historic District nomination was unanimously approved as presented by French and Pickering Creeks Conservation Trust to the PA Historic Preservation Board on March 10, 1998. The Township, while supportive of the effort of the French and Pickering Creeks Conservation Trust to sponsor the creation of the District, does not support the inclusion in the District of the properties owned by Robert B. Kling, Vincent G. Kling Jr. and T. Kenneth and Harry Emery. These property owners have requested that the boundaries of the proposed Historic District be modified to exclude their properties.
• A review letter of the Northern Federation Draft Stormwater Management Ordinance was received from Castle Valley Consultants, Inc. recommending that the Federation consider developing a model based on Articles II, IV, and V that could be incorporated into existing municipal subdivision ordinances. Additionally, they recommend that procedural/evaluation steps for the selection of an appropriate stormwater management be required rather than recommended to assist in the consistent application of the ordinance.

A public hearing will be held on Tuesday, March 31 at 7:00 p.m. at the Ludwigs Corner Fire Hall to hear additional testimony on the validity challenge and curative amendment application filed by Michael and Janet Polay, alleging the Township Zoning Ordinance is invalid because it is exclusionary with respect to the collection and removal of spring water for commercial purposes.

A copy of the original Decision by the Zoning Hearing Board on the matter of Eleanor F. Brown was received; relief was granted.

Mr. Gene Richards, representing Thomas and Mary Liversidge, was present to review the revised Liversidge Minor Subdivision Plan. Title notes 6, 8, and 9 were clarified, General Notes 8, 9, and 10 were revised, the equestrian/pedestrian easement description and concrete monuments were added to the plan. Steven Mutart, Planning Counsel, John Good, Esquire, Allen Heist, and Gene Richards met regarding the Mill Road access and the following two notes will be added to the subdivision plan:

1. Access via Mill Road is as set forth in the Stipulation, dated March 1, 1990, filed in the Court of Common Pleas, Chester County, Pennsylvania, No. 91 April Term 1982. The proposed 10' Equestrian/Pedestrian Easement along the western boundary of Parcel B may be relocated at the option of Parcel B owner to the eastern side of Mill Road.
2. Access to Parcel B is pursuant to the Stipulation filed in the Court of Common Pleas, Chester County, Pennsylvania, No. 91 April Term 1982. The Township makes no representation to access rights excepting as set forth in said Stipulation, to the extent that any are made therein.

Mr. Richards requested the Planning Commission to recommend subdivision approval to the Board of Supervisors. Comments and concerns included:

• Note 1. Access via Mill Road.........eastern side of Mill Road. Eastern should be changed to southeastern.
• The legal decision proposed concerning Mill Road, postpones the problem to a future date. The Liversidge 10-acre parcel has access but, in light of future subdivision, is a landlocked parcel being created.
• There continues to be an "unknown" situation with Mill Road (i.e. status, location, legal title, how may people can use the access). Final determination is requested.
• In researching Mill Road, Bernice Yost has found no information in the Clerk of Courts regarding dedication or vacation of Mill Road; a 1888 map shows Mill Road located between Horseshoe Trail and Fellowship Road and a 1959 map shows the Township portion between Horseshoe Trail and the Yost driveway and notes a private easement. Inconsistency in property deeds and lack of information at the Court House makes final determination on Mill Road difficult.
• Bill LaCoff voiced concerns regarding the deteriorated condition of Mill Road and the effects of additional traffic on the roadway. Mr. LaCoff presented documentation on Mill Road, which he will present to the Board of Supervisors at their Friday work session, March 20 at 3 p.m.
• The Planning Commission requested the applicants to reconsider the previously suggested options of extending the Matthews Run Subdivision culdesac to provide for an additional access to the Liversidge parcel or deed restrict the Liversidge parcel against further subdivision. Either option would address the concerns regarding the creation of a land-locked parcel and access. The options were rejected.

A motion was made by Vince Kling, seconded by Joan Michaelson, to table a recommendation to the Board of Supervisors and advise the Board of the Planning Commission's concerns. The motion carried with Kling, Michaelson, and Damsgaard voting in favor; Aman opposed and Wendelgass abstained.

Mr. Richards and Jonathan Thir, applicant, requested a recommendation for preliminary approval for Matthews Run Subdivision. Mr. Richards stated that the following issues will be addressed as part of the final subdivision plan:

• Columbia Gas Pipeline Company, Texas Eastern Gas Pipeline Company and PECO reviews
• Round Hill Lane will be changed to Spring Lea Road
• Homeowners Association document
• Stormwater management facilities maintenance and liability requirements
• Chester County Planning Commission comments in March 6, 1998 review letter
• Fronefield Crawford's comments in December 19, 1997 review letter

Mr. Richards will speak with Mr. and Mrs. Beale regarding the shared driveway, which will be constructed in accordance with the Driveway Ordinance.

Motion by Vince Kling, seconded by Joan Michaelson, to recommend the Board grant preliminary approval of the Matthews Run Subdivision Plan subject to the resolution of the Liversidge Minor Subdivision Plan approval. The motion carried with Aman, Damsgaard, Kling and Michaelson voting in favor; Wendelgass abstained.

Vince Kling, representing his brother, reviewed the Robert Kling Subdivision Plan based on the Township Engineer's review letter dated January 22, 1998. Three turnouts will be added approximately every 200 feet along the shared driveway off Bartlett Lane. The applicant, while preferring all utility lines be placed underground, is requesting a waiver from this section of the Subdivision Ordinance since the line placement decision is made by the utility company. Lots 2, 7, and 8 share property within the existing pond; the applicant was asked to consider locating the pond on a single lot.

Adjacent property owner, Steven Siana, reviewed with the Planning Commission his issues and concerns regarding the Kling Subdivision as follows:

• Mr. Siana suggested relocation of the proposed driveway off Bartlett Lane; as proposed the driveway diminishes his privacy, no buffer is provided, and is the equivalent of a street, since the drive can be improved in the future to road standards. An alternative would be to use the existing driveway as an access.
• Mr. Siana opposes the granting of a waiver requiring underground placement of utility lines.
• Title Issue - Lot 2 shows Mr. Siana's fence line, which has existed on the Kling property for 15 years; possible ownership by prescription.
• The effects of runoff from Lots 1 and 3 onto the Siana property; Mr. Siana requests the potential impervious impact be analyzed on Lot 1. Mr. Kling stated he has proposed underground infiltration beds.
• Road improvements on Bartlett Lane will be necessary due to the additional use; Mr. Siana suggests implementing impact fees.
• The Kling property is not deed restriction against further subdivision and the resulting future impact upon Mr. Siana's property is a concern.
• Mr. Siana requests equal application of the Township Ordinances for this subdivision plan.

The Planning Commission will meet on Wednesday, March 25 at 4 p.m. to walk the Kling property.

A Sketch Plan for a lot line change of the Ludwigs Corner Fire Company/Griffith properties was received. The plan shows an additional 2.881 acres being conveyed to the Fire Company to protect the property from future encroachment.

The minutes from the February 19, 1998 meeting were unanimously approved with a motion from Vince Kling and second from Kate Damsgaard.

A Work Session will be held Thursday, March 26, 1998 at 7 p.m. to discuss the Tier 2 density and Kimberton Village Area sections of the Zoning Ordinance. Bernice Yost requested the Planning Commission to consider a provision in the Ordinance to provide for screening around a development to visually protect existing neighbors; the screening, such as berms and landscaping, should be in place during the early stages of development. Mr. Siana suggested adding a requirement that adjacent property owners are notified when a subdivision plan is submitted.

The meeting was adjourned at 10:55 p.m.