CONDITIONAL USE HEARING
The sixth conditional use hearing to consider the application of SLC Senior Living, LLC was held on the above date at the Township Building. Chairman Kenneth Miller called the public hearing to order at 7:30 p.m.; others in attendance were Supervisors Karl Brachwitz and Zoë Perkins, Township Solicitor Allan Greenwood, Township Manager Allen Heist, Township Code Enforcement Officer Robert Wideman, Jane Opie, court reporter, John E. Good, Esquire, representing the applicant, and Richard Mulcahey, Esquire, representing Kurt Deisher.
The purpose of the hearing was to take formal action on the application of a conditional use permitted under Section 603B.7 pursuant to Sections 2212 and 2711 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 duplex cottages (62 units), 84 assisted living facility luxury suites, and 70 assisted living facility standard suites.
Solicitor Greenwood stated that the hearing procedures for hearing dates after January 24, 2000 read during the previous hearings applied also to this hearing and advised that tonight's hearing would resume with Richard Mulcahey, Esquire presenting witnesses and documents in support of his position.
Prior to calling his first witness, Mr. Mulcahey stated that he has not received the "fold-up" versions of board exhibits A-15 through A-19, A-21, and A-23, which were submitted into evidence March 29, 2000 and were to be distributed to the Township Solicitor, Township Office and himself. During the April 25th conditional use hearing, Martin Kimmel stated that the documents were placed in the mail. Since the requested exhibits have not been received, Mr. Mulcahey may request an additional hearing date in the future with respect to these exhibits. The applicant will overnight "fold-up" size copies of the requested board exhibits to Mr. Mulcahey.
Richard Mulcahey, Esquire presented his first witness, Gregory Stevens, President of SLC Senior Living, LLC. and submitted for the record Exhibit P.Deisher-1, a Certificate of Compliance, issued by the Commonwealth of Pennsylvania Department of Public Welfare to SLC Kimberton LLC to operate The Woodbridge located in Kimberton. Mr. Stevens reviewed the exhibit, the process for filing, and noted that a Certificate of Compliance would be applied for to license the proposed assisted living facility (70 units) at Ludwigs Corner. Upon completion of testimony, Mrs. Perkins asked questions seeking clarification of the evidence presented.
Mr. Mulcahey presented his second witness, Joseph A. Zadlo, Architect, 604 N. Bethlehem Pike, Lower Gwynedd. Mr. Zadlo reviewed his professional background and discussed his review of the application for conditional use, Exhibits S4 - S10 and A11, the West Vincent Township Zoning Ordinance and various regulations on assisted living. Mr. Mulcahey submitted for the record Exhibit P.Deisher-2, correspondence from Joseph A. Zadlo to Mr. Richard T. Mulcahey, Jr. dated April 12, 2000, in which he concludes "The proposal is not for a Life Care community. What is being proposed is a residential community with an assisted living facility. What is being proposed is not permitted in the R-2 District." An opinion was also offered regarding density.
Upon completion of testimony, Mrs. Perkins, Solicitor Greenwood, Code Enforcement Officer Robert Wideman, and Manager Heist asked questions seeking clarification of the evidence presented. During cross-examination, John Good, Esquire submitted for the record Exhibit A-26, "Guide to Retirement Living" Fall/Winter 1999, Delaware Valley Edition; Parties Christa Jones and Jason Phillips cross-examined the witness. Mr. Mulcahey entered exhibits P.Deisher-1 and P.Deisher-2 into the record.
Following a ten-minute recess, Chairman Miller reconvened the hearing at 8:40 p.m. and Mr. Mulcahey presented his third witness, Jason Phillips, Ph.D., 547 Black Horse Road, Chester Springs, PA. Dr. Phillips reviewed his professional background, which includes research and marketing, logistics, transportation and traffic consulting. Mr. Good objected to Dr. Phillips' expert witness status relating to Traffic Engineer issues; the Board overruled and admitted Dr. Phillips as an expert witness, but would evaluate and give his testimony the proper weight. Mr. Mulcahey submitted for the record Exhibit P.Deisher-3, a report entitled, "Trip Generation and Traffic Volume Study for Proposed Development by SLC Senior Living, LLC in West Vincent Township, Chester County, Pennsylvania" prepared by Dr. Jason K. Phillips, Ph.D., C.T.L. Principal. Dr. Phillips reviewed this study, which examines the final trip generation report prepared by Heinrich & Klein Associates, Inc. dated March 17, 2000 and argues that the report suffers from several flaws with regard to data sources utilized and assumptions made.
Upon completion of testimony, Mr. Good and Parties Randy Smith and Peter Rodgers cross-examined the witness; Manager Heist, Mrs. Perkins, and Solicitor Greenwood asked questions seeking clarification of the evidence presented during cross-examination. Direct questioning, cross-examination, and re-direct examination of Dr. Jason Phillips was completed.
Mr. Mulcahey advised he would present at least two more witnesses and Mr. Good may have a rebuttal witness. The conditional use hearing in connection with the application of SLC Senior Living, LLC will continue on Wednesday, May 17, 2000 at 7:30 p.m. at the West Vincent Township Building. In the event that an eighth hearing is required, a hearing date of Wednesday, May 31, 2000 at 7:30 p.m. was selected.
The hearing was adjourned at 10:08 p.m.