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 Supervisors Karl Brachwitz and Zoë Perkins, Township Manager Allen Heist, Township Solicitor Allan Greenwood, and Mark Hagerty, court reporter.

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

Conditional Use Hearing:

A conditional use hearing for SLC Senior Living, LLC was called to order at 7:39 p.m. The purpose of the hearing was to take formal action on the application of a conditional use permitted under Section 2212 of the West Vincent Township Zoning Ordinance to construct a life care community on tax parcels 25-7-8 (24.8 acres fronting on Route 401 zoned R-2 with a Mobile Home Park Overlay) and 25-7-8.2 (13.4 acres fronting on Black Horse Road zoned R-2). The applicant proposes 31 single story duplex cottages (62 units), 70 assisted living facility standard suites, and 84 assisted living facility luxury suites. This hearing has been duly advertised as shown by the proof of publication; notice has been given to all property owners within 500' of tax parcels 25-7-8 and 25-7-8.2. Solicitor Greenwood asked if anyone present would like to enter an appearance as party to the proceeding; the following entries of appearance were filed:

The Board confirmed party status in the conditional use proceeding for the nine persons who entered their appearances. Solicitor Greenwood explained the basic procedure for the hearing and the proceedings began at 7:55 p.m.

Gregory Stevens, President of SLC Senior Living, LLC, a subsidiary of Senior LifeChoice, LLC of Kimberton, PA, advised the Board he would be representing himself tonight since his lawyer, John E. Good, Esq. of West Chester, experienced a medical emergency in his family and was not able to attend. Mr. Stevens proceeded by presenting the Senior LifeChoice company background and an overview of the proposed Life Care Community project; Mr. Stevens then called his first witness.

Richard Mulcahey, Jr., Esq. stated that as a matter of law, a corporation is required to have an attorney present in a civil proceeding and raised a formal objection to the appropriateness of proceeding without legal representation for the applicant. Since SLC Senior Living, LLC is a limited liability company, the issue was also raised as to whether a limited liability company is treated as a partnership or corporation. Upon recommendation by Solicitor Greenwood, the Board sustained the objection.

The following exhibits were submitted for the record:

• S-1 - Proof of Publication
• S-2 - Name and Address Listing for properties within 500' of the proposed project
  • Copy of mailing labels
  • Copy of information packet sent
• S-3 - Tax Parcel Map 25-7 showing tax parcels 25-7-8 and 25-7-8.2
• S-4 - Review letter from Twp. Zoning Officer Robert Wideman dated January 11, 2000
• S-5 - Review letter from Chester County Planning Commission dated January 13, 2000
• S-6 - Review letter from Castle Valley Consultants, Inc. dated January 6, 2000
• S-7 - Review memorandum from Fronefield Crawford Jr. dated January 13, 2000
• S-8 - Review letter from the Environmental Advisory Council dated January 10, 2000
• A-1 - Application for Conditional Use with four information pages attached
• A-2 - Ludwigs Corner Revised Sketch Plan Proposed Site Development dated 11/23/99
• A-3 - Proposed Development Dwelling Unit Calculation
• A-4 - Ludwigs Corner Health Care Facility Concept Plan dated 12/2/99
• A-5 - Ludwigs Corner Health Care Facility Concept Elevation dated 12/2/99
• A-6 - SLC Senior Living, LLC Site Photos
• A-7 - Commonwealth Engineers, Inc. letter dated December 8, 1999
• A-8 - Evans Mill Environmental, Inc. letter dated December 8, 1999
• A-9 - "Assisted Living Residences - A Study of Traffic and Parking Implications"
• A-10 - "Winning Strategies for Project Approval: Impact on Traffic"
• A-11 - Senior LifeChoice letter dated January 17, 2000

Mr. Mulcahey requested the Board to direct the applicant to provide as part of the application the additional information noted in Robert Wideman's review letter of January 11, 2000 - hydrology study, topographic profiles, building elevations, cut and fill areas/grading, greater detail for water supply and sewage facilities and erosion and sedimentation controls. Mr. Stevens responded that this information would be supplied through expert witnesses and additional exhibits. Mr. Wideman's letter referred to Zoning Ordinance Section 2711A.1-9, which states "the applicant may be required to provide the following additional information as deemed appropriate by the Township Engineer or Board of Supervisors". A ruling regarding the applicant providing additional information was deferred until the next hearing date to allow the applicant's position to be stated by his attorney.

The conditional use hearing in connection with the application of SLC Senior Living, LLC was continued until Tuesday, February 22 and Tuesday, February 29 at 7:30 p.m. at the West Vincent Township Building. The hearing was adjourned at 8:46 p.m. and was followed by a ten-minute recess.

Regular Meeting:

The regular meeting of the Board of Supervisors was reconvened at 8:56 p.m. There was no correspondence.

Subdivision/Land Development/Zoning:

• The Board unanimously acknowledged receipt of a four-lot preliminary subdivision plan for 36 acres on School House Lane submitted by James and Karyn Fasel upon a motion from Mr. Brachwitz and second from Mrs. Perkins. The plan will be sent out for review.
• The Board acknowledged receipt of a land development plan for the 30-acre Columbia Gas Transmission property in the R3 Zoning District at 315 Fellowship Road with a unanimous motion from Mr. Brachwitz and second from Mrs. Perkins. Manager Heist indicated that the Township is awaiting a conditional use application from Columbia Gas Transmission; the land development plan will be sent out for review.
• A temporary wastewater holding plan including a proposed Holding Tank Agreement for the Kaiser residence, Lot #3 Houndstooth Lane, was reviewed by Zoning Officer Robert Wideman. The temporary plan agreement serves as a means to occupy the recently constructed house until weather and soil conditions are acceptable to construct the septic system. Mr. Wideman has requested revisions to the application.

Old Business:

• A unanimous motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to execute the Castle Valley Consultants, Inc. Engineering/Planning Services Agreement for 2000 as revised in accordance with Allan Greenwood's letter of January 13, 2000.
• Proposed construction phase "Terms and Conditions" and "Fee Summary" have been received from Cathers & Associates, Inc., the architectural firm for the municipal complex, to finalize their contract with the Township. The Architect will be requested to change the documents to clearly reflect that the maximum fee of 5.26% is based on actual project cost and not an estimated dollar amount.
• A motion was made by Mr. Brachwitz to grant a waiver request from the 10' side and rear yard setback requirement (Zoning Ordinance Section 2103G) to locate driveways of Wetherill Estates Lots 35 and 37 no closer than 5' from the property line pursuant to Southdown Homes letter dated January 24, 2000 and conditioned upon the regrading of the Golden property, Lot 36 as specified. The motion was seconded by Mrs. Perkins and carried unanimously.
• The 78^th Annual State Convention of the Pennsylvania State Association of Township Supervisors will be held April 9-12, 2000 at the Hershey Lodge and Convention Center; Manager Heist, Mr. Brachwitz, and the Township Secretary plan to attend.
• Mrs. Perkins reported that the projected mailing date for the Township Newsletter is February 15^th; please submit any topics of public interest to her by January 31^st.

Bills List:

• Mr. Brachwitz made a motion to pay the bills on the Bills List dated January 24, 2000; it was seconded by Mrs. Perkins 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 9:25 p.m.

Respectfully Submitted,