WEST VINCENT TOWNSHIP
BOARD OF SUPERVISORS

MINUTES - March 23, 1998

The regular meeting of the Board of Supervisors, 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, Manager Allen Heist, and Solicitor Allan Greenwood.

REPORT

Anna May Houck, chairman of the Board of Auditors, presented the Auditors Report for 1997, which indicated that all fund had been correctly accounted for and dispersed and that all required reports had been filed on time.

CORRESPONDENCE

Spirit of Gheel - In a letter dated March 6, 1998, the directors of Spirit of Gheel informed the Township of their intentions regarding the use of the residence located at 14 Buttonwood Lane. As of November 1, 1997, they began renting this residence with option to renew the lease or purchase this property and two other parcels to be used as a personal care/assisted living residence for severely mentally ill adults. There are presently 5 occupants. This property is presently owned by David Yohn. Chairman Miller indicated that our attorneys have not completed their review of this information and therefore had no recommendations to make. Mr. Yohn stated that he felt it would be a disservice to receive comments from the audience without a representative of Spirit of Gheel present. Solicitor Greenwood indicated that it might be better not to allow any discussion until it has been decided in what direction the matter may be taken. Steve Siana, representing several Buttonwood Lane residents, suggested that the use is not in accordance with the Zoning Ordinance and should be considered institutional. Mr. Yohn suggested that any who oppose the present use put their questions and/or comments in writing to the Township while the attorneys decide what the next step should be. The matter was tabled until our Planning Solicitor, Fronefield Crawford, can respond.

PennDOT - In their March 3, 1998 letter, PennDOT indicated that a 4-way stop will be established at the intersection of Horseshoe Trail/Birchrun Road/Bartlett Lane. Signs will be installed soon.

SUBDIVISIONS / ZONING / LAND DEVELOPMENT

Liversidge - Present: Gene Richards, agent and Jonathan Thir, developer. Mr. Richards indicated that they were seeking approval of this minor 2-lot subdivision, which is part of the Matthews Run subdivision. Solicitor Greenwood reported speaking with Mr. Liversidge today at his home in Maine regarding the issue of deed restricting against further subdividing the remaining 10-acre lot. Mr. Liversidge had no objection to this but needed some time to make sure that would not be hurting him in some way in the future, indicating however that if there is no detriment he will agree to do so. As to the issue of Mill Road - it was agreed that Mill Road is a public road from Horseshoe Trail to the Yost driveway; from there it is not clear whether it is a private road or a driveway. Mr. Brachwitz read in full Resolution No. 3-1998, granting final subdivision approval as well as setting forth several conditions to be satisfied prior to the signing of the plan by the Board. Mr. Richards agreed to these conditions by signing a statement to that effect. Unanimous final approval was granted with a motion from Mr. Brachwitz and a second from Mrs. Perkins.

Matthews Run - Present: Gene Richards, agent and Jonathan Thir, developer. Having received recommendations for approval from the Planning Commission, the EAC, the Chester County Health Department, and the Township Engineer, Mr. Richards requested preliminary approval from the Board. Referring to a motion for such approval, Mr. Thir indicated that he may be selling the development and hesitated concerning condition #8 - a $1500 donation to the Township for municipal services at the time of settlement of each lot - but felt that he could negotiate this with the purchaser. James Tupitza, attorney for the Beales, adjacent landowners, referring to placement of the road on the plan and the replacement of the easement for Beales' driveway to the proposed public road, indicated that PA state law requires written consent from the user of an easement in order to relocate a driveway. He also noted that the plan does not conform to Section 606G of the Subdivision Ordinance as to location of a road relative to an adjacent driveway. In order to give Solicitor Greenwood some time to investigate this, Mr. Thir agreed to a 5-day extension of review time, which was approved with a motion from Mr. Brachwitz and a second from Mrs. Perkins. The preliminary approval will be considered at the Friday workshop session.

St. Stephen's Greene - Mike Morgan, President of Morgan Brothers Builders, has given notice of a decision "to formally dispute all engineering fees from 6/97 to today's date". The amount in question is $7-8,000. Both the Township and Mr. Morgan will be asked to present a list of third-party engineers from which an arbitrator may be secured.

Polay - A hearing has been set for March 31 at 7 p.m. at the Ludwigs Corner Fire Company hall, at which the Township must make a decision as to whether the zoning ordinance is negligent in addressing the extraction and sale of spring water from Township properties.

Pronsky (Yiaski farm) - A preliminary subdivision application was presented for 3 lots on 8.7 acres on St. Matthews Road in the R-2 zoning district. The Board acknowledged receipt with a motion from Mrs. Perkins and a second from Mr. Brachwitz.

OLD BUSINESS

Wetherill Estates driveways - Solicitor Greenwood has made recommendations to the Board for the settlement of this issue during executive sessions. The Board agreed to make this information public at the April 13 meeting.

Kimberbrae - Wheeler Aman requested information on the drainage pipe and swale from his farm, under Brian Way, through the adjacent Kimberbrae subdivision. Manager Heist will check the file and report to the Board on Friday.

BILLS LIST

The bills list dated March 23, 1998 was approved with a motion from Mr. Brachwitz and a second from Mrs. Perkins.

There being no further business, the meeting adjourned at 9:07 p.m.

Respectfully submitted,