PLACE OF MEETING: Township building
TIME OF MEETING: 7:30 p.m.
PURPOSE OF MEETING: To consider for adoption the Zoning Ordinance with Maps and the Subdivision and Land Development Ordinance, as advertised in the Daily Local News on December 14 and 21, 1998

This meeting was called to order at 7:37 p.m. by Chairman Kenneth Miller; others in attendance were Supervisors Zoe Perkins and Karl Brachwitz, Manager Allen Heist, Solicitor Allan Greenwood, Planning Solicitor Fronefield Crawford, and court reporter Mark Hagerty.

Mr. Miller stated the purpose of the hearing and Solicitor Crawford noted that the proof of publication had been received. When asked for comments, Mr. Brachwitz said, "It's been a long time. I'm glad we're here." Mrs. Perkins agreed. The meeting was then opened to the audience for comments and/or questions regarding the Zoning Ordinance, which are summarized below.

1. David Kusner presented to the Board a letter with twenty-two signatures attached regarding proposed changes to the new zoning ordinance. Mrs. Perkins read part of the letter in order to inform those present of the Kusners' requests, which were 1) that the residential accessory standards for raising horses be set at the same level as the commercial stables standards in order to negate unpleasant conditions for surrounding neighbors, and 2) that the existing setback standards for stables, both residential and commercial, remain the same. The letter also pointed out the fact that dogs and cats are limited to 4, no matter the lot size; they consider that this could be a matter of contention in the future. Board members decided that no changes would be made.
2. Alice Waters learned that density bonuses had been reduced from those in the original draft. Regarding signs, Mrs. Waters requested some limitations on the use of banners; the Board agreed to setting a time limit.
3. Planning Solicitor Crawford pointed out some places where technical changes were needed; these changes will be made in the areas of setbacks from a right-of-way, setbacks for houses along new streets, and non-conforming issues. Eleanor Morris, of the French & Pickering Creeks Conservation Trust, pointed out some concerns the Trust had regarding the French Creek Corridor. One change will be made: The Board of Supervisors instead of the Zoning Hearing Board will be allowed to waiver setback requirements from the ridgelines.
4. Jane Gaffer sparked a discussion around how developers could be restricted from using the lands under easements of adjacent properties as a selling point for their developments. After some discussion, the Board decided to give this possibility some further investigation.
5. At Mrs. Perkins' request, Mr. Crawford indicated that traffic impacts cannot be included as a reason for denying a subdivision because the courts hold that government entities are responsible for provision of adequate roads; therefore traffic impacts are not a defensible position.
6. In answer to a question, Mr. Crawford indicated that property owners have no right to challenge the Zoning Ordinance because of zoning changes which affect land values.

There being no further discussion, the discussion regarding the Zoning Ordinance was closed. A short break followed, and comments regarding the Subdivision Ordinance were received. Solicitor Crawford pointed out several areas in which he suggested technical changes, all of which will be made. There being no further discussion, the public hearing was adjourned at 9:52 p.m.

The regular meeting was immediately called to order. The first item of business was action on the Zoning and Subdivision Ordinances considered for adoption at the immediately preceding public hearing. Mrs. Perkins made a motion that the Zoning Ordinance and Zoning Maps, as amended during the public hearing on this date, be adopted as Ordinance No. 88-1998, the Zoning Ordinance and Zoning Maps of West Vincent Township, Chester County, Pennsylvania; it was seconded by Mr. Brachwitz and carried unanimously. Mrs. Perkins then made a motion that the Subdivision and Land Development Ordinance be adopted as Ordinance No. 89-1998, the Subdivision and Land Development Ordinance of West Vincent Township, Chester County, Pennsylvania; it was seconded by Mr. Brachwitz and carried unanimously.

SUBDIVISIONS / LAND DEVELOPMENT / ZONING

Exxon - The Board acknowledged receipt of an extension agreement to January 31, 1999 with a motion from Mrs. Perkins and a second from Mr. Brachwitz.

Hankin - The Board acknowledged receipt of an extension agreement for the by-right plan of the Hankin Group to January 25, 1999 with a motion from Mrs. Perkins and a second from Mr. Brachwitz.

Borst - Upon receipt of a memorandum from the Township Planning Commission recommending approval (Mrs. Perkins pointed out that this recommendation was the opinion of three members only, since there was not a quorum at that meeting), Mrs. Perkins made a motion to grant final approval to the 2-lot Borst subdivision, including the granting of a waiver for the required hydrogeology study; it was seconded by Mr. Brachwitz and carried unanimously.

OLD BUSINESS

1999 Budget - Mr. Brachwitz made a motion to approve Resolution No. 9-1998, which provides for appropriation of sums for the 1999 budget income and expenses, in the amount of $1,404,300 for the general fund, which received preliminary adoption on November 30, 1998, and includes seven (7) pages; it was seconded by Mrs. Perkins and carried unanimously.

Township Manager Employment Agreement - Solicitor Greenwood indicated that this agreement is essentially the same, except for date and salary, as the 1998 agreement. Mr. Brachwitz made a motion that the employment agreement entered into on December 28, 1998 will extend to the end of 1999 the agreement which has been in effect through 1998, the original agreement being adopted as Ordinance 47-1989; it was seconded by Mrs. Perkins and carried unanimously. Compensation will be set by resolution at the reorganization meeting on January 4, 1999.

BILLS LIST

Mrs. Perkins made a motion to approve the bills listed on the bills list dated December 28, 1998; it was seconded by Mr. Brachwitz and carried unanimously.

There being no further business, the meeting was adjourned at 10:06 p.m.

Respectfully submitted,