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 7:38 p.m.; others in attendance were Supervisor Zoë Perkins and Township Manager Allen Heist. (Supervisor Brachwitz is on his honeymoon in Maine - Congratulations Karl and Patti!)

Manager Heist indicated that due to a scheduling conflict Township Solicitor Allan Greenwood would arrive at 8:00 p.m.; Chairman Miller announced that the Daniel Grubb conditional use hearing would be postponed until 8:00 p.m. and the Board would proceed with the regular meeting agenda.

Correspondence:

• The Pennsylvania Emergency Management Agency and the Federal Emergency Management Agency opened a Disaster Recovery Center on September 22, 1999 in Room 42 at the Government Services Center in West Chester; the Center will be open 9 a.m. to 7 p.m. The Disaster Recovery Center will provide citizens an opportunity to speak with State and Federal Emergency Management staff regarding grants and loans for Hurricane Floyd victims.
• A motion was made by Mrs. Perkins authorizing Ludwigs Corner Fire Company to attend a two-day class sponsored by Chester County Emergency Services to be held in East Brandywine Township on October 2^nd and 3^rd. The motion was seconded by Mr. Miller and carried unanimously.

Subdivisions/Land Development/Zoning:

• Manager Heist reviewed a tax parcel map, site plan, and photographs submitted by David Kusner, 2772 Flowing Springs Road; Mr. Kusner requests a waiver from Zoning Ordinance Section 2220C., which requires buildings or structures used for the housing of animals to be located a minimum of one hundred feet from any property line. Even though Mr. Kusner does not plan to use the proposed barn for animals, the request is made to not preclude animal use in the future. The proposed location for the 72' x 40' barn shows a minimum of seventy feet side and rear yard setbacks to accommodate the configuration of the lot without impeding upon front yard setbacks. Mr. Kusner added that the proposed barn would be surrounded on three sides by a substantial tree line; in addition to maintaining the mature trees, he plans to add new plantings to the site. A unanimous motion was made by Mrs. Perkins, seconded by Mr. Miller, to waive Zoning Ordinance Section 2220C. requiring a one hundred feet minimum setback requirement and reduce the building setback requirement to seventy feet as proposed on the Kusner Site Plan, dated September 20, 1999, in as much as the applicant has proven that topography, screening, and other features will reduce the affect of visual intrusions or other impacts on adjoining property owners.
• The Board acknowledged receipt of correspondence from Marc Jonas, Esquire, on behalf of Mr. and Mrs. Paul Pitcher, requesting that the Township defer consideration of the request for the reduction of the ridgeline setback on the Pitcher property.

Bills List:

• A motion was made by Mrs. Perkins, seconded by Mr. Miller, to pay the bills on the Bills List dated September 27, 1999; the motion carried unanimously.

Conditional Use Hearing:

• A conditional use hearing for Daniel Grubb was called to order at 8:00 p.m. Township Solicitor Allan Greenwood and court reporter William Handy were present. 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 Grubb property. Solicitor Greenwood reviewed background information pertaining to the conditional use application as follows:
  • The subject property, Tax Parcel No. 25-6-37, is located at the Northwest corner of Pottstown Pike and Cedar Lane and contains 2.024 acres within the PC/LI Planned Commercial/Limited Industrial District.
  • The property is presently improved in the form of a travel agency office, Ludwigs Corner Horseshow office, and a vacant one bedroom second floor apartment which are permitted under Zoning Ordinance Section 1102.A.4 and Section 1102.A.6. The property is designated a Class III (medium value) historic resource.
  • The applicant proposes to further improve the property with a 3500 square feet retail and wholesale beer distributor building with drive-through service which the applicant contends is permitted under Sections 1102.B.11 and 1102.B.12 of the West Vincent Township Zoning Ordinance. Section 1102.B.11 provides that multiple uses may be permitted only as a conditional use.
• George D'Ambrosio, attorney for Daniel Grubb, submitted a revised land development plan dated 9-27-99, into the record; the plan revisions were based on Township consultant review letters. Applicant exhibits #2-conditional use application, #3-preliminary site plan, and #4-building plan were also submitted into the permanent record. Solicitor Greenwood submitted four exhibits into the record on behalf of the Board: proof of publication; Fronefield Crawford's memorandum dated August 12, 1999; Castle Valley Consultants, Inc. memorandum dated September 9, 1999; and Chester County Planning Commission review letter dated September 3, 1999.
• Referencing Fronefield Crawford's memorandum of August 12, 1999, the Zoning Ordinance does not specifically authorize a beverage store, however Section 1102.B12 makes authorization for "uses not specifically provided for herein, provided that the use meets the performance standards of Zoning Ordinance Section 2213". Mr. Grubb testified that the proposed use conforms to the performance standards. Testimony continued addressing the tour business traffic - Mr. Grubb conducts approximately two bus trips per month to New York; one bus is used per trip with a maximum of 45 patrons and an estimated 20 cars parking on the site.
• Project Engineer David Beideman, Commonwealth Engineers, Inc., reviewed the revised plans including parking requirements, interior circulation, stormwater, lighting, landscaping, screening, and building improvements. An existing driveway on the north end of the site will provide access to Route 100; the Cedar Lane access will be abandoned. PennDOT has restricted egress to right turn only.
• Robert Wagoner, 116 Cedar Lane, expressed concerns regarding lighting on the site and potential illumination into his residence. Mr. Beideman reviewed the type of fixtures to be used, location of fixtures, design, and wattage. Mr. Greenwood asked if Mr. Wagoner or anyone present would like to enter party status; Thomas F. Wagoner, 108 Cedar Lane, requested party status.
• Thomas Wagoner submitted into the record Exhibit W-1, a preliminary site plan dated 7-23-99 with notations. Mr. Wagoner expressed concerns regarding drainage from Cedar Lane, location of the stormwater detention basin at the northwest corner of the property and directing the discharge from the basin onto the site as to not affect an adjacent property. Mr. Beideman reviewed the proposed retention basin and groundwater recharge and assured compliance with Township water quality requirements and maintenance so that the facility functions in accordance with the approved design.
• The following is a summary of additional questions, comments, and discussion:
  • Regarding the Class III historic resource classification - The proposed building does not comply with the 150-foot setback for new construction from a historic resource as required. A Zoning Ordinance amendment is proposed for adoption on October 11^th that would provide the applicant the means to request the Board of Supervisors for a reduction of the 150-foot setback. Alternative options would include requesting a reclassification of the property to Class IV or applying to the Zoning Hearing Board for a variance.
  • Mrs. Perkins questioned that in the event the entire 3,500 square foot building would be considered retail space, can the applicant show the additional five parking spaces needed; Mr. Beideman noted areas to accommodate additional parking requirements.
  • The existing entrance driveway is less than ten feet from the northern property line.
  • Gloria Wagoner, 116 Cedar Lane, commented since PennDOT requires a right turn only egress, what will prohibit patrons from using driveways on Cedar Lane as a turn around. The "right turn only" designation based on site distance creates an imposition on Cedar Lane residents and possibly more impact on Black Horse Road.
  • The Township will request PennDOT to conduct a speed study on Route 100 as a basis to consider a reduction in the current speed limit. (A reduction in the speed limit will result in a reduction of the required site distance.)
  • The applicant agreed to install a fence along the rear of the property if requested by the Township within a three-year period.
  • Hours of operation for the proposed beer distributorship are: Monday and Tuesday, 11 a.m. - 7 p.m.; Wednesday through Friday, 9 a.m. - 9 p.m.; Saturday, 9 a.m. - 10 p.m. and closed on Sunday. Deliveries will be made between the hours of 9 a.m. and 5 p.m. usually on a Wednesday or Thursday.
  • The applicant agreed to comply with the Fire Prevention Ordinance and is given 24 months to comply with the sprinkler and standpipe requirements; once the property is accessible to public water, the applicant is required to connect the sprinkler system within two months.
• There being no further testimony or questions, the evidentiary portion of the record was closed at 9:30 p.m.; a decision will be rendered Monday, October 4, 1999 at 8 a.m. at the West Vincent Township Building.

A memorandum was received from the West Vincent Township Planning Commission recommending preliminary approval for the Daniel Grub Land Development Plan with the stipulation that the applicant complies with review letters from the Chester County Planning Commission, Chester County Conservation District, Chester County Health Department, Castle Valley Consultants, Inc., Fronefield Crawford, Ludwigs Corner Fire Company, and Traffic Planning and Design, Inc. The Board will act on preliminary plan approval following the Conditional Use Decision on October 4^th.

There being no further business, Mrs. Perkins moved the meeting be adjourned; the motion was seconded by Mr. Miller and the meeting adjourned at 9:50 p.m.

Respectfully Submitted,