CONDITIONAL USE HEARING

A conditional use hearing to consider the application of Columbia Transmission Communications Corporation was held on the above date at the Township Building. Chairman Kenneth Miller called the public hearing to order at 7:40 p.m.; others in attendance were Supervisors Karl Brachwitz and Zoë Perkins, Solicitor Richard Morton, Township Manager Allen Heist, and Mark Hagerty, court reporter.

The purpose of the hearing is to consider the application of Columbia Transmission Communications Corporation for a conditional use permitted under Section 503B.3 of the West Vincent Township Zoning Ordinance, allowing the placement of a structure housing electronic signal processing equipment on tax parcel 25-87.1, a 33.6 acre tract located at 310 Fellowship Road in the R-3 zoning district. In addition, a conditional use is required for the development activity (driveway) that is proposed in areas of precautionary and prohibitive slope districts.

Mrs. Perkins read the following statement into the record:

"I am disqualified from participating as a member of the Board of Supervisors hearing the application of Columbia Communications Transmission Corporation because my husband and I have retained the services of an attorney to represent us in a claim against that corporation, a claim that may lead to litigation. I shall be present during the hearings in this matter as an observer in case my vote is needed to break a tie vote. I am giving a copy of this statement to both the Court Reporter and the Township Secretary to be made part of the record in this proceeding."

Mr. Brachwitz read the West Vincent Township conditional use application hearing procedures. Chairman Miller 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 six persons who entered their appearances. Chairman Miller advised that the hearing has been duly advertised as shown by the proof of publication and notice has been given to all property owners within 500' of tax parcel 7-87.1.

The Board submitted for the record Exhibit B-1, Mrs. Zoë Perkins letter dated April 3, 2000 as read and Exhibit B-2, Proof of Publication of Notice in Daily Local News No. 297662. Mr. Brooman stated his appreciation to Mrs. Perkins for her disclosure and formal recusal; however, in the event of a tie, he would object to Mrs. Perkins' vote breaking a tie vote.

Mr. Brooman submitted the following exhibits for the record:

• CTC-1 - Columbia Transmission Communications Corporation application for conditional use
• CTC-2 - A memorandum from Fronefield Crawford, Jr. dated November 19, 1999
• CTC-3 - Deed for the Columbia Gas Transmission Corporation parcel; deed book 3874, Pages 0184-0186
• CTC-4 - West Vincent Township Planning Commission Minutes for the meeting held February 17, 2000 recommending approval of the CTC conditional use.

David J. Brooman, Esquire presented the first witness, Susan Levitt, permitting manager for Columbia Transmission Communications Corporation (CTC). Ms. Levitt provided a brief overview of CTC, the telecommunications segment of Columbia Energy Group specializing in providing high-capacity dark fibers to telecommunications carriers, Internet Service Providers, government agencies and private businesses and described the proposal for an 8,000 square foot, unmanned structure to provide an essential support service to the fiber optic network. During testimony, the following exhibits were submitted for the record:

• CTC-5 - An eight page drawing set entitled "Preliminary/Final/Title/Existing Resources and Site Analysis Plan".
• CTC-6 - A sales brochure entitled "B-Line Electronic Enclosures" EMP Cabinets and Accessories.
• CTC-7 - A rendering of the projected building.

Upon completion of testimony, the Board of Supervisors, Solicitor Morton, Township Manager Heist, and Code Enforcement Officer Robert Wideman asked questions seeking clarification of the evidence presented. Parties, Paul Brock, Andrew Bellwoar, Esquire, George Cochrane, and Robert Coppins, cross-examined the witness. Re-direct testimony was given by Ms. Levitt regarding the proposed structure; Exhibit CTC-8, a photograph of the exterior of a similar building located in Hellertown, Northampton County, was submitted for the record.

David J. Brooman, Esquire presented the second witness, Terry L. Souders, Principal of Terry L. Souders, Registered Landscape Architect, 2780 Stacy Drive, Gilbertsville, PA. Exhibit CTC-9, entitled "Preliminary/Final Landscaping Plan" and dated 12-10-99, was submitted for the record. Mr. Souders reviewed his professional background and presented an overview of the landscape plan for the property, including the proposed buffer between the site and Fellowship Road and screening around the detention pond, proposed building, and along the southern property boundary, which in his opinion, exceeded the landscaping requirements in Sections 2106B.3 and 2106B.4 of the West Vincent Township Zoning Ordinance.

Upon completion of testimony, Code Enforcement Officer Robert Wideman asked questions seeking clarification of the evidence presented and parties, Andrew Bellwoar, Esquire, Paul Brock, and Robert Coppins cross-examined the witness. Re-direct testimony was given by Mr. Souders.

The conditional use hearing in connection with the application of Columbia Communications Transmission Corporation will continue with the presentation of the Applicant's third witness on Wednesday, April 26, 2000 at 7:30 p.m. at the West Vincent Township Building.

The hearing was adjourned at 10:00 p.m.