Public Hearing:
The West Vincent Township Board of Supervisors held a public hearing followed by their regular meeting on the above date at the Township Building. Chairman Kenneth Miller called the public hearing to order at 7:45 p.m.; also in attendance were Supervisors Zoë Perkins and Karl Brachwitz, Township Manager Allen Heist, Township Solicitor Allan Greenwood, and Mark Hagerty, court reporter.
The purpose of the hearing was to take formal action on the conditional use application of Joseph W. McCurdy, Jr. t/a McCurdy & Son, to take formal action on the conditional use application of Jon and Barbara Lines, and to conduct a hearing on the conditional use application of Lawrence J. Kanavy. The Board's action regarding the McCurdy and Lines applications was based upon the record established during the conditional use hearing held May 24, 1999.
Jane Shields, attorney for Jon and Barbara Lines, reviewed the draft Decision on the Lines conditional use application. Ms. Shields requested the Board to consider extending the time given to comply with the sprinkler and standpipe requirements of the Fire Prevention Ordinance from 18 months to 24 months, due to retro-fitting an existing building and scheduling work around multiple businesses. The Board agreed to give 24 months within which the applicant shall comply with the sprinkler and standpipe requirements. A motion was made by Mrs. Perkins to grant conditional use approval to Jon and Barbara Lines in accordance with the Findings of Fact, Discussion, Conclusions of Law, and Decision and subject to the Applicant's compliance with eleven conditions per the attached document. [Note: The document is not available online. Please contact the township if you wish to see it.] The motion was seconded by Mr. Brachwitz and carried unanimously.
A conditional use hearing for Lawrence J. Kanavy was called to order at 7:55 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 Kanavy property. Mr. Greenwood asked if anyone present would like to enter party status; there was no response. The applicant desires to use his property located at 1026 Pottstown Pike (Lot 4) in the PC/LI Zoning District for distribution, sales and storage of building materials such as acoustical ceilings and insulation.
Mr. Kanavy testified that he purchased the property approximately fifteen years ago; the Board of Supervisors granted conditional use approval April 26, 1993 on Lot 3 to permit storage of acoustical ceiling materials, doors and fireproofing materials. Mr. Kanavy explained the proposed use for Lot 4 is comparable to the current uses of Lots 3 and 5; he does not store hazardous materials, there is little retail traffic, and he has never received complaints regarding his business operation from neighboring property owners. Mr. Kanavy added the following comments upon questioning:
There being no further testimony or questions, the evidentiary portion of the record was closed; a decision will be rendered Monday, June 28, 1999 at 7:30 p.m. at the West Vincent Township Building.
The Decision on the Joseph W. McCurdy conditional use application was read into the record at 8:20 p.m. (It was noted that the applicant was not present.)
The granting of this conditional use shall not be construed to be a waiver of any provision of any provision of the West Vincent Township Zoning Ordinance or any other Township ordinance or requirement. It is the intention of the Board that the property and its use shall comply with all applicable municipal, State and Federal ordinances, statutes, laws and regulations."
A motion was made by Mrs. Perkins, seconded by Mr. Brachwitz to grant conditional use approval for the Joseph W. McCurdy, Jr. t/a McCurdy and Son in accordance with the preceding Decision; the motion carried unanimously.
Regular Meeting:
The regular meeting was called to order at 8:27 p.m.
Minutes:
Unanimous approval was granted for minutes of May 3, 10, 17 (2 meetings), 24 and 27 with a motion from Mrs. Perkins and second from Mr. Brachwitz.
Reports:
Treasurer's Report - Mike Burnley reported the following account balances: General Fund, $257,450.32; State Fund, $92,764.10; Kimberton Sewer Fund, $11,431.12; Road Repair Loan Account, $135,312.49; St. Stephens Greene Water Fund, $9,133.35; St. Stephens Greene Sewer Fund, $27,955.98; and Township Building Construction Fund, $698,526.10.
Tax Collector's Report - Received from Berkheimer Associates: Current Real Estate Tax, $70,892.47; Delinquent Real Estate Tax, $5,892.46; Debt Service - Road Repair Loan, $81,381.40; and Earned Income Tax, $108,004.44. Received from Chester County: Real Estate Transfer Tax, $14,248.29.
Building Inspector's Report - In May, 18 building permits and 6 U & O's were issued and 24 inspections conducted; fees totaled $3,049.00.
Police Report - The Police Department responded to 81 calls in May. One criminal arrest was made at the Wine & Spirits Shop; several citations were issued for other incidents within the Township. The Police Department is investigating several burglaries along Horseshoe Trail and S. Chester Springs Road; anyone with information should contact the Department. Traffic details throughout the Township will continue. Officer Jones will be graduating the 1998/99 DARE class for East Coventry and Vincent Elementary Schools.
A motion was made by Mrs. Perkins to regretfully accept the resignation of W. Barry Ritschard, West Vincent Township Chief of Police, due to his full time employment obligations. The motion was seconded by Mr. Brachwitz and carried unanimously. The Board commended Barry on his twenty-six years of exceptional and dedicated service to the Township - even when his full time job took him to California or out of the country, Barry would call to monitor the activities of the Police Department. West Vincent Township will miss you, Barry!
Mrs. Perkins moved that Officer Karl Jones be appointed "Officer in Charge" of the West Vincent Township Police Department; the motion was seconded by Mr. Brachwitz and carried unanimously.
Fire Companies - Ludwigs Corner Fire Company responded to 13 calls and Ridge Fire Company to 1 call in West Vincent Township during May.
Solicitor's Report - Solicitor Greenwood reported working on the Joseph W. McCurdy Conditional Use Decision, Jon and Barbara Lines Conditional Use Decision and the Tenant Ordinance.
Correspondence:
A press release entitled "What Do I Do With Leftover Paint?" was received from the Chester County Health Department. Copies are available.
The Chester County Commissioners have applied for continued funding for the Community Development Block Grant Program under the Housing and Community Development Act and the HOME Investment Partnership Program within Chester County for activities in Fiscal Years 2000-2002.
Subdivisions/Land Development/Zoning:
A motion was made by Mr. Brachwitz to adopt Ordinance No. 96-1999 supporting the creation of the West Vincent Land Trust, Inc., cooperating with the Trust in achieving its goals and objectives and assisting the Trust with periodic loans, grants and technical assistance. The motion was seconded by Mrs. Perkins and carried unanimously.
Mr. Brachwitz moved to adopt Resolution No. 99-7 ratifying the appointment of the initial Board of Directors of the West Vincent Land Trust, Inc.; the motion was seconded by Mrs. Perkins and carried unanimously.
Mr. Brachwitz moved to adopt Ordinance No. 97-1999 requiring owners of accessory living quarters or dwelling units to notify the Township Office of the names of present occupants and/or tenants and whenever occupants and/or tenants move in or out; the motion was seconded by Mrs. Perkins and carried unanimously.
A unanimous motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to adopt Resolution No. 8-1999 authorizing participation in the Pennsylvania Department of General services Cooperative Purchasing Program.
The Zoning Hearing Board will meet Wednesday, July 7, 1999 at 7:00 p.m. to consider the application of Paul and Shirley Pitcher. A continuation hearing on the Sam Coroniti application is scheduled for Wednesday, July 21, 1999 at 7:00 p.m.
Donald DeMaio was present to request a driveway setback reduction due to the narrowness of the strip of land allotted to his driveway on the Final Plan for Lot 4 of the Birchrun Hill Subdivision. The proposed driveway runs between the property line and stormwater detention basin; by keeping the required 10' setback the resulting driveway location would be dangerously close to the steep slope of the basin. Robert Wideman, Zoning Officer, recommended the Board consider allowing the driveway to be moved to a minimum of 6' setback. A motion was made by Mrs. Perkins to grant a waiver from Section 2103 G. of the West Vincent Township Zoning Ordinance and approve a reduction to a 6' driveway setback from the property line for reasons of health, safety and welfare. The motion was seconded by Mr. Brachwitz and carried unanimously.
Dawes Farm - Being aware the plan may not comply with zoning regulations, the Board unanimously acknowledged receipt of a 5 lot preliminary subdivision plan for 18.3 acres on Flint Road owned by Michael Matlock upon a motion from Mrs. Perkins and second from Mr. Brachwitz. The plan will be sent out for review.
Hard Scrabble Farm - A motion was made by Mr. Brachwitz, seconded by Mr. Miller, to acknowledge receipt of a 6 lot final subdivision plan for 137.1 acres on Davis Lane; the motion carried with Brachwitz and Miller voting in favor, Perkins abstained. The plan will be sent out for review.
Daniel Grubb, 101 Cedar Lane, requested that the Board consider revising the historic resource classification of his property, which is currently designated Class III (medium value), to Class IV, identified as low value or no historic significance to West Vincent Township. Mr. Grubb has submitted a sketch plan for the property proposing a 3,500 sq. ft. retail building located 80' from the existing house, which would be renovated for office and/or apartment use. To protect the integrity of historic settings and context, Class I, II, and III historic resources are protected from any new construction through a minimum setback of 150' from the historic resource (Section 2408 B.). The Board deferred action on Mr. Grubb's request to change the historic resource classification of his property until Mr. Grubb is advised of his options which include (1) seeking relief from the Zoning Hearing Board, (2) waiting for a potential amendment to Section 2408 B., or (3) reconfiguring his sketch plan.
Old Business:
Boyce Associates has submitted a proposed play area design for the Township Park Tot Lot for review; a small group of West Vincent Township "tots" will also review the plan and submit their comments within a week. The Township Manager will proceed with bid packet preparations. The Township Engineer will be contacted regarding possible improper grading evidenced by water sitting on the fields and the walking path washing out; also, it appears the grass is not growing.
A motion was made by Mrs. Perkins to accept the proposal submitted by State Line Striping, Inc. to repaint the stop bars and crosswalks in the Route 401 and 100 intersection at a cost of $450.00. The motion was seconded by Mr. Brachwitz and carried unanimously.
Mrs. Perkins moved to accept the proposal submitted by Collinson Inc. to furnish and install weathering steel guiderail on Green Lane per specifications at a cost of $3,976.00; the motion was seconded by Mr. Brachwitz and carried unanimously.
Business from the Floor:
Claire Quinn was present on behalf of Mrs. Eleanor Morris, French and Pickering Creeks Conservation Trust, to encourage the Board to hold additional public meetings on Transferable Development Rights as a follow-up to the informational meeting held May 17th. Mrs. Morris would like to continue discussion on the TDR receiving zone overlay, particularly in the Kimberton area.
Bills List:
Mrs. Perkins made a motion to pay the bills on the Bills List dated June 14, 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 9:40 p.m. An executive session was held regarding possible litigation matters and also to discuss personnel matters.
Respectfully Submitted,