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.
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.
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.
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.
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.
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,