WEST VINCENT TOWNSHIP
BOARD OF SUPERVISORS
MINUTES - SEPTEMBER 13, 1999
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 7:40 p.m.; others in attendance
were Supervisors Zoë Perkins and Karl Brachwitz, Township Manager
Allen Heist, Township Solicitor Allan Greenwood, and Bill Handy, court
reporter.
Conditional Use Hearing:
- A conditional use hearing for Michael A. Himsworth
was called to order at 7:42 p.m. The hearing had been duly advertised
as shown by the proof of publication and notice had been given to all
property owners within 500' of the Himsworth property. Permitted as a
conditional use under Section 2216 of the Township Zoning Ordinance, the
applicant proposes to construct a pond for stormwater and aesthetic
purposes on his 5.28 acre parcel (Tax Parcel No. 25-7-112) located at
2378 South Chester Springs Road, on the south side of South Chester
Springs Road approximately 500 feet north of Route 401, in the R-3
Zoning District. Mr. Greenwood asked if anyone present would like to
enter party status; there was no response. Correspondence has been
received from the Chester County Planning Commission and the Township
Code Enforcement Officer approving the application.
- Mr. Himsworth testified the area for the proposed pond location is
a well-mowed pasture, however, the pond would be partially located
within delineated wetlands, based on soil content. In his review
letter, Robert Wideman, Code Enforcement Officer stated "it is my
opinion that due to the mowed field condition at the site there will be
virtually no impact to the wetlands quality or function and therefore
this site is an appropriate location for a pond". The proposed
pond will be spring fed; a well will not be used to supply water. Mr.
Himsworth plans to use the pond for fishing and will maintain the pond
in a safe condition as required by DEP. The applicant submitted the
following exhibits:
- A-1 - Application for Conditional Use
- A-2 - Site Development Plan
- A-3 - DEP Permit No. E15-594 with attachments
- A-4 - Hydrologic Study prepared by Commonwealth Engineers, Inc.
- Jane Vasile asked Mr. Himsworth what would become of the excavated
dirt. The soils taken from the construction area will be backfilled
into lower areas on the property as noted on the site plan. Bruce
Saunders questioned the size of the pond; Mr. Himsworth responded the
pond is under one-half acre.
- There being no further testimony or questions, the evidentiary
portion of the record was closed. The following Decision on the Michael
A. Himsworth conditional use application was read into the record:
- "AND NOW, this 13th day of September, 1999, the
West Vincent Township Board of Supervisors, following hearing, hereby
grants permission to construct a pond for water run off and aesthetic
purposes on the property of the applicant as a conditional use.
- This Decision is under and subject to the following conditions:
- The applicant must comply with the DEP Water Obstruction and
Encroachment Permit No. E15-594 and with all other applicable township,
county, state and federal rules and regulations and with all papers and
documents submitted in connection therewith.
- The subject pond shall be spring fed only and shall not
utilize at any time any well of this or any other property as a water
supply.
- Construction, operation, and maintenance of the subject pond
shall be consistent with the papers and documents here admitted into
evidence including:
- Site Development Plan of Commonwealth Engineers dated
8-24-98, Drawing #D98028-2 issued 4-22-99 containing one sheet.
- The DEP Water Obstruction and Encroachment Permit referred
to above.
- Hydrologic Study of Commonwealth Engineers dated 8-24-98,
revised 4-22-99 containing 11 pages including title page and a marked up
plan showing Bypass, Predevelopment Area, and Postdevelopment Area.
- A copy of the letter of the Chester County Conservation
District to applicant dated 10-08-98.
- The Board is satisfied that the requirements of Zoning Ordinance
sections 2216, 2711, and 2807 have been complied with.
- This decision is subject to appeal rights contained in the
Pennsylvania Municipalities Planning Code."
A motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, to
grant conditional use approval to Michael A. Himsworth in
accordance with the preceding Decision; the motion carried unanimously
and the conditional use hearing closed at 8:00 p.m.
The issues of ponds served by wells as a water supply and wells
drilled during drought conditions were raised by Mrs. Perkins; the Well
Ordinance and other regulations will be reviewed and these issues
addressed at a later date.
Public Hearing:
- A public hearing was called to order at 8:05 p.m. to consider
enactment of Ordinance No. 101-1999, an ordinance amending
various sections of the Zoning Ordinance. The hearing had been duly
advertised as shown by the proof of publication. Concerns were raised
regarding Section 24, the Zoning Map amendment revising the district
boundaries of the Birchrunville Village District. Copies of Zoning
Ordinance Article X - Birchrunville Village District (including use
regulations, area and bulk regulations and design requirements), current
map, revised/proposed map, and a memorandum explaining the revision will
be sent to effected landowners. Board members clarified the proposed
zoning map change is for the Birchrunville Village Zoning District and
does not effect the Birchrunville Historic District. Manager Heist
indicated that the Code Enforcement Officer has requested consideration
of an amendment regarding driveways in precautionary slopes. A
discrepancy was also pointed out in the public notice. Due to these
questions and concerns, a unanimous motion was made by Mrs. Perkins,
seconded by Mr. Brachwitz, to continue the public hearing in
connection with Ordinance No. 101-1999 until Monday, October 11, 1999 at
7:30 p.m. at the West Vincent Township Building. The hearing was closed
at 8:28 p.m.
Public Hearing:
- A public hearing was called to order at 8:28 p.m. to consider
enactment of Ordinance No. 102-1999, an ordinance amending
various sections of the Subdivision and Land Development Ordinance. The
hearing had been duly advertised as shown by the proof of publication.
A unanimous motion was made by Mrs. Perkins, seconded by Mr. Brachwitz,
to continue the public hearing in connection with Ordinance No.
102-1999 on Monday, October 11, 1999 at 7:30 p.m. at the West Vincent
Township Building. The hearing was closed at 8:32 p.m.
Continuation of Regular Meeting:
The regular meeting was called to order at 8:32 p.m.
Minutes:
- Unanimous approval was granted for minutes of August 2, 9, 23, and
30 with a motion from Mr. Brachwitz and second from Mrs. Perkins.
Reports:
- Treasurer's Report - Mike Burnley reported the following
account balances: General Fund, $203,353.22; State Fund, $78,324.45;
Kimberton Sewer Fund, $23,130.71; Road Repair Loan Account, $13,223,71; St.
Stephens Greene Water Fund, $14,165.51; St. Stephens Greene Sewer Fund,
$30,181.90; and Township Building Construction Fund, $706,863.37.
- Tax Collector's Report - Received from Berkheimer
Associates: Current Real Estate Tax, $1,511.15; Delinquent Real Estate
Tax, $2,474.77; Debt Service - Road Repair Loan, $3,731.88; and Earned
Income Tax, $22,437.65. Received from Chester County: Real Estate
Transfer Tax, $17,971.32.
- Building Inspector's Report - In August, 8 building
permits and 13 U&O's were issued and 17 inspections conducted; fees
totaled $3,058.40.
- Police Report - The Police Department responded to
49 calls in August. One criminal arrest was made for driving under the
influence; stolen property was recovered; investigations continue for
possible suspects involved in burglary incidents; citations were issued
for motor vehicle violations; and several individuals were cited for
trespassing onto Camp Hill property.
- Fire Companies - Ludwigs Corner Fire Company
responded to 8 calls and Kimberton Fire Company to 3 calls in West
Vincent Township during August.
- Solicitor's Report - Solicitor Greenwood reported
working on the Grubb Conditional Use application, letters to two
property owners in the VFSA Sewer Service Area that are delinquent in
their sewer assessment payments, Special Events Ordinance, and a letter
to Valley Forge Sewer Authority regarding the transfer of the Kimberton
Sewer District and assignment of easements.
Correspondence:
- A regional Household Hazardous Waste Collection
Event is scheduled for October 9th at the County
Government Services Center; the site will open at 9:00 a.m. and close at
3:00 p.m.
Subdivisions/Land Development/Zoning:
- An agreement for subdivision review extension to March 31,
2000 for EXXON Corporation was acknowledged with a motion
from Mr. Brachwitz and second from Mrs. Perkins; the motion carried
unanimously.
- As a follow-up to the August 13, 1999 correspondence received from
Bruce Saunders and Don Pascucci regarding the equestrian operation on
Lots 16 and 17 and the Spirit of Gheel, Inc. personal care/assisted
living residence on Lot 15 of the Buttonwood Farm
subdivision, Jennifer Bellwoar, Esquire, representing certain residents
of Buttonwood Lane, was present to discuss these two issues with the
Board. The property owners are concerned that the equestrian operation
and assisted living residence uses are not in compliance with the
Buttonwood Declaration of Easements and Restrictions, which the Township
approved in 1994, as well as with all relevant Township ordinances.
- In March 1998, the Township was informed the Spirit of Gheel, Inc.
entered into a lease arrangement with David Yohn on November 1, 1997 to
use 14 Buttonwood Lane as a personal care/assisted living
residence for chronically mentally ill adults. Planning Solicitor
Fronefield Crawford responded to Spirit of Gheel's March 6, 1998 letter
requesting additional information such as more detail with respect to
the condition of the residents, age restrictions or classifications,
intended number of residents, intended number of support personnel,
future plans, and applicability of the Township's Zoning Ordinance,
federal or state statutes or regulations on the proposed use. A letter
dated April 27, 1998 was received from Spirit of Gheel, Inc. advising
response to the queries raised by Mr. Crawford will be made as it
becomes appropriate.
- The Township Manager will discuss the assisted living residence
issue with Fronefield Crawford, request Mr. Crawford to review his March
1998 letter to Spirit of Gheel, Inc. considering the 1998 Zoning
Ordinance revisions, establish owner of record for 14 Buttonwood Lane,
and decide on the next appropriate step to present to the Board at their
administrative meeting Monday, September 20th.
- Regarding the equestrian operation, Zoning Officer Robert
Wideman sent a Notice of Violation on June 11, 1999 to David Yohn and
copied Cindy Dawson. The Buttonwood Conditional Use Decision of June
24, 1994 limits the number of horses to eighteen and restricts the
number of students to two. Manager Heist and Solicitor Greenwood will
follow-up with a formal notice including enforcement and appeal
procedures.
- The Board acknowledged receipt of two proposals for an addition to
the Agricultural Security Area of West Vincent Township from
Gayle L. Hammond for 14.2 acres on Beaver Hill Road and
Kenneth Miller Jr. for 25 acres on Davis Lane. Public
notice will be prepared and the applications will be forwarded to the
Agricultural Security Area Advisory Committee and the Planning
Commission for review.
Old Business:
- A motion was made by Mr. Brachwitz to accept the proposal from
Boyce Associates for picnic tables, players benches, and litter
receptacles for the Township Park in the amount of
$8,014.30. These items will be purchased now to take advantage of the
state contract price and available 1999 grant money; the items will be
stored and installed later next year prior to the Park's opening. The
motion was seconded by Mrs. Perkins and carried unanimously.
- A motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, to
approve the Township Park Landscape Plan with the changes
recommended from the EAC; the motion carried unanimously.
- Manager Heist reviewed the Police Pension Plan
minimum municipal obligation for the year 2000; estimated Township cost
is $4,666.92.
- Lindsay Brinton, Founding Director of Chester Springs
Studio, was present to request funding in the amount of $1,000
in support of the Studio's visual arts education program for young
people ages six through eighteen. With this funding and potential equal
matching grant funds, art awards will be distributed for artistic
excellence and/or financial need to children in West Vincent Township
for art classes at the Studio in the year 2000. A motion was made by
Mrs. Perkins, seconded by Mr. Miller, to increase the year 2000
contribution to Chester Springs Studio from $750 to $1,000; the motion
carried with Perkins and Miller voting in favor, Brachwitz opposed.
New Business:
- The County Association Fall Convention will be held
Thursday, November 18th at The Desmond.
- Mr. Miller advised the Board that Schoolhouse Lane
needs repaving between St. Matthews Road and Flowing Springs Road; a
base and wearing course will be necessary at an approximate cost of
$35,000. Ice and Snow Removal Bid advertising will be
prepared.
Business from the Floor:
- Larry Westfall suggested copies of the West Vincent Township
Zoning Ordinance be available for short-term loan with a $25.00
returnable deposit. Also, Mr. Westfall questioned the status of the
Sam Coroniti Zoning Hearing Board application. Mr.
Coroniti withdrew his variance request on August 30th; the
Township anticipates submission of a restoration plan for the property
and a building permit application, which complies with zoning.
Bills List:
- Mr. Brachwitz made a motion to pay the bills on the Bills List
dated September 13, 1999; it was seconded by Mrs. Perkins and carried
unanimously.
There being no further business, Mrs. Perkins moved the meeting be
adjourned; the motion was seconded by Mr. Brachwitz and the meeting
adjourned at 10:00 p.m.
Respectfully Submitted,