The regular meeting of the West Vincent Township Board of Supervisors was held on the above date at the Township Building. Chairman Kenneth Miller called the meeting to order at 7:47 p.m.; others in attendance were Supervisors Zoë Perkins and Karl Brachwitz, Township Manager Allen Heist, Township Solicitor Allan Greenwood, and Elaine Parish, court reporter.

The regular meeting was opened to consider for approval the Rita Blancato and Mary Myers Subdivision Plan. The subdivision, located on the north side of Hilltop Road, proposes two residential lots on approximately 9.9 acres in the R-3 Zoning District. Mrs. Perkins moved to grant final approval to the Blancato/Myers Subdivision Plan; the motion was seconded by Mr. Brachwitz and carried unanimously.

A unanimous motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, to adjourn the regular meeting on a temporary basis and reconvene following the conditional use hearing.

Conditional Use Hearing:

A conditional use hearing for Joseph W. McCurdy, Jr., t/a McCurdy & Son, in connection with a conditional use hearing for Jon and Barbara Lines was called to order at 7:50 p.m. This hearing had been duly advertised as shown by the proof of publication; notice had been given to all property owners within 500' of the Lines property. Solicitor Greenwood explained since both uses will be located on the same property at 968 Pottstown Pike, both applications (McCurdy and Lines) will be heard jointly; however, decisions will be rendered on an individual application basis. Mr. Greenwood asked if anyone present would like to enter party status to either application; there were no parties other than the applicants.

Jane Shields, attorney for Jon and Barbara Lines, indicated that Mr. Lines desires to use his 5.5 acre property at 968 Pottstown Pike in the Planned Commercial/Limited Industrial Zoning District, under Section 1102B.11 of the West Vincent Township Zoning Ordinance. This Section would allow operation of an auto repair shop, carpet storage warehouse, HVAC storage of parts and equipment, general merchandise storage, and equipment storage for lumber and/or plumbing supplies in combination with other uses on the same property permitted by right, special exception or conditional use. Mr. McCurdy secured a special exception for operating a mechanical automobile repair shop in February 1999.

Mr. Lines testified that the Board of Supervisors granted conditional use approval in November 1991 to build an auto repair garage on his property adjacent to his home. In November 1998 a building permit was issued to construct an additional building to be used by Lines Auto Body for storage. This application would allow the building (with a total of five units) to also be used by Wayne Mitchell Carpets for storage, McCurdy & Son, and HVAC for storage; the fifth unit will be rented for general merchandise storage. PA Labor and Industry plan and inspection approvals have been granted. Zoning Ordinance area and bulk regulations and general design standards for parking access, interior circulation, emergency access, loading and unloading, storage and lighting have been met. The uses will have no adverse impact on public health and safety. Mr. Lines added the following comments upon questioning:

• The parking lot may be paved in the future.
• Beideman Associates, Inc. is developing a stormwater management plan.
• The existing Lines Auto Body Shop building complies with Township standards.
• An area is available if additional parking spaces are needed.
• Landscaping and screening are not needed on the property since the rear and side property lines are buffered by trees and two businesses are located in the front.
• Hours of operation: generally 7:30 a.m. - 6 p.m.
• Lighting:
  • existing building - two mercury vapor lights
  • new building - one 80 watt photo-cell light above each rental unit entrance
• The new building is not equipped with a sprinkler system.

Manager Heist reported that a review letter from the Chester County Planning Commission has not been received on the Lines conditional use application. However, review of the McCurdy & Son conditional use application was received and states "The applicant should assure the Township that all solvents and petro-chemicals associated with the existing and proposed uses are disposed of in accord with all federal, state and local regulations. The Township should consider the need for screening and buffering these uses from the adjoining residentially zoned parcels."

Mrs. Perkins moved the Applicants exhibits #1 - #4 into the permanent record; the motion was seconded by Mr. Brachwitz and carried unanimously.

Douglas Macbeth, attorney for Joseph McCurdy, submitted the West Vincent Township Zoning Hearing Board decision dated February 9, 1999 into evidence and adopted Mr. Lines' testimony. Mr. McCurdy testified the following upon questioning:

• He has been in the auto repair business since 1980 and has never been cited for business practice violations.
• Regarding spills, the rental unit floor has been sealed; Mr. McCurdy cleans up small spills with a mop, rag, or oil dry. Bulk oil is collected in a 275-gallon tank and properly disposed of.
• Gasoline is not stored on the premises.
• Tires are disposed of by a dumpster company.
• Hours of Operation: 7:30 a.m. to 6 p.m.
• Scrap metal is piled beside the dumpster and picked up weekly.
• The number of vehicles stored outside the building will be kept to a minimum; when a vehicle is apart, it will be kept inside.
• A small sign will be added to the existing Lines sign; the sign will comply with the Township Zoning Ordinance.

Mr. Brachwitz moved McCurdy Exhibit #1 into the record; the motion was seconded by Mrs. Perkins and carried unanimously. Township resident, David Pomanto, expressed concerns regarding run-off onto neighboring properties. Issuance of the Township Use and Occupancy Permit for the new building will be conditioned upon receipt of the stormwater calculations from Beideman Associates, Inc.

There being no further testimony or questions, a unanimous motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to continue the conditional use hearing in connection with the application of Jon and Barbara Lines and Joseph W. McCurdy until Monday, June 14th at 7:30 p.m. at the West Vincent Township Building. The hearing was adjourned at 8:45 p.m.

Regular Meeting:

The regular meeting of the Board of Supervisors was reconvened at 8:48 p.m. There was no correspondence.

Subdivision/Land Development/Zoning:

An agreement for subdivision review extension to June 30, 1999 for the Hankin Tract (By-Right) was acknowledged with a motion from Mr. Brachwitz and second from Mrs. Perkins; the motion carried unanimously.

Hankin Conditional Use and Zoning Amendment Application decision - A public hearing will be held Thursday, May 27^th at 7:00 p.m. at the Ludwigs Corner Fire Hall. Approximately forty Township residents were present to discuss the following summary of issues and concerns regarding the Hankin Tract:

• Sewage Treatment
  • Dedication to the Township - offer in perpetuity
  • Site specific design
  • Lagoon design
  • Location of the spray field - closer to the residents of the Hankin development versus adjacent property owners
  • The sewage system is not expandable
• Changes in the Alternate Plan since initial submission
  • Amount of impervious cover in the area of the headwaters of the Birchrun Creek
  • Increase in retail square footage and the impact upon the community
  • Increase in single retail/office building gross floor area
  • Additional parking
• Neighborhood type center/pedestrian friendly village vs. the proposed regional type center
• By-Pass right of way - 60' over entire length is too small; consider potential future need
  • Number of lanes proposed for the By-Pass
• Impact fees - fees may be low; suggested to check with other Townships
  • Paid at plan approval versus U&O
  • Timetable developed for fees to escalate as time passes
• Applicant reimburse the Township for all fees/costs incurred - no caps, limits or credit toward impact fees
• Consider approval of the By-Right plan with conditions
• Impact of traffic and school-age children
• Oppose the density of the project; oppose retail component
• Office component - less traffic impact; no sales market
• Commercial development impacts residential growth; shopping center draws development
• Why is the retail on the fringe versus embedded in the village?
• Limit the plan to what is allowed under the 1998 Township Zoning Ordinance
• A perimeter trail and "pocket parks" are projected
• Need for additional full-time police officers
• Consider how the plan affects West Vincent Township and surrounding Townships
• The alternate plan shown is a conceptual plan; the numbers are maximums
• The retail/office center needs to succeed
• Encourage Mr. Hankin to "create a village" and build a town center focusing on community needs and specialty shops for tourists
• Use of TDRs since the Hankin Tract is a receiving area
• Continue negotiations regarding public water; will the Township oppose expanding the franchise area.
• Benefits of the alternate plan: road improvements to Westover Lane and Fellowship Road, public water, completion of a segment of the By-Pass, lower impact on schools, 160 acres of unencumbered open space owned by the Township, and a Library.

Unanimous approval was granted for Springlea Escrow Release No. 4 in the amount of $6,930.00 upon a motion from Mr. Brachwitz and a second from Mrs. Perkins.

Mrs. Perkins moved to grant final approval to the Old Ridge Farm Lot Line Adjustment Plan, owned by Roy S. Neff; the motion was seconded by Mr. Brachwitz and carried unanimously.

Old Business:

Motion by Mrs. Perkins to approve the lease purchase financing agreement #31840 submitted by Associates Commercial Corporation for the purchase of a 1999 Mack Dump Truck. The Associates proposes funding $107,616.97 at an annual percentage rate of 6.62% to be repaid in five annual installments of $24,367.18. The motion was second by Mr. Brachwitz and carried unanimously.

Bills List:

Mrs. Perkins made a motion to pay the bills on the Bills List dated May 24, 1999; it was seconded by Mr. Brachwitz and carried unanimously.

There being no further business, Mr. Brachwitz moved the meeting be adjourned; the motion was seconded by Mrs. Perkins and the meeting adjourned at 10:55 p.m.

Respectfully Submitted,