CONDITIONAL USE HEARING

The seventh 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 7:40 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, Mark Hagerty, 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.

Chairman Miller stated that the hearing procedures for hearing dates after January 24, 2000 read during the previous hearings applied also to this hearing. Mr. Mulcahey acknowledged that he had received the previously requested documents from Martin Kimmel.

Richard Mulcahey, Esquire presented his next witness, Gregory Stevens, President of SLC Senior Living, LLC, for brief cross-examination. Exhibit P.Deisher-4, a 14-page print out of the Senior LifeChoice, LLC website, was submitted for the record and reviewed by Mr. Stevens.

Upon completion of testimony, Parties Randy Smith, Charlotte Smith, and Jody Dinnell cross-examined the witness. Township resident and neighbor to the proposed project, Thomas Guerin, requested the opportunity to cross-examine the witness, which resulted in Solicitor Greenwood inviting submission of additional Entry of Appearance forms. The following entries of appearance were filed throughout the course of the proceedings:

1.	Thomas Guerin	524 Black Horse Road	Chester Springs, PA 19425
2.	Nicholas Tacconelli	519 Black Horse Road	Chester Springs, PA 19425
3.	Stuart Keller	505 Black Horse Road	Chester Springs, PA 19425
4.	Michelle Dubrow	505 Black Horse Road	Chester Springs, PA 19425

The Board confirmed party status in the conditional use hearing for the four individuals who entered their appearance.

Parties Judah Berkowitz, Paul McVickar, Christa Jones, and Jason Phillips cross-examined Mr. Stevens; there was no re-direct testimony and Mr. Mulcahey closed his presentation.

John E. Good, Esquire presented rebuttal witness, Gregory Stevens. The following exhibits were submitted for the record and reviewed by Mr. Stevens:

• Exhibit A-27, "Jenner's Pond Assisted Living and Skilled Nursing Services" marketing brochure
• Exhibit A-28, "Simpson Meadows at a Glance" marketing brochure
• Exhibit A-29, Memorandum from Steve Proctor including an excerpt from CCAC Accreditation Handbook (6 pages)

Since Mr. Proctor was not available for cross-examination, Mr. Mulcahey objected to the submission of Exhibit A-29 and considered the evidence hearsay. The Board overruled and admitted the Applicant's exhibit into evidence, but would evaluate the exhibit with the proper weight. Upon completion of the testimony, Mrs. Perkins asked questions seeking clarification of the evidence presented. Parties Christa Jones, Stuart Keller, Judah Berkowitz and Planning Commission member Kate Damsgaard cross-examined the witness. There was no re-direct examination.

Solicitor Greenwood requested if any parties would like to present witnesses, evidence or testimony. Party Stuart Keller presented Nicholas Tacconelli, 519 Black Horse Road, to give testimony regarding how the sale of his property has been effected by the proposed project.

Following completion of Mr. Tacconelli's testimony, Exhibits A-1 through A-29, S-1 through S-9, and P.Deisher-1 through P.Deisher-4 were admitted into evidence. Members of the public who are not parties were offered the opportunity to ask questions of the Board and/or state their opinion pro or con the application; there was no response.

The evidentiary portion of the hearing was concluded. Mr. Good delivered closing arguments on the evidence presented. Mr. Mulcahey presented a written memorandum to the Board setting forth his position and delivered closing arguments on the evidence presented. Closing statements were given by Parties Charlotte Smith, Thomas Guerin, Peter Rodgers, Judah Berkowitz, Nicholas Tacconelli, Martin Katzen, Deborah Odell, Christa Jones, Sergio Panu, Planning Commission Chairman James Wendelgass, and Jody Dinnell. Code Enforcement Officer Robert Wideman requested clarification from Solicitor Greenwood on the issue of off-campus skilled nursing care and the issue of ambiguity.

Solicitor Greenwood reviewed the procedural guidelines; Mr. Good will be given twenty days (from May 17^th) to submit written closing arguments and Mr. Mulcahey would be given ten days from receipt of the document for a response. The Board of Supervisors will render its Decision within 75 days of today's hearing date. Legal advertisement will be published in the Daily Local News announcing the date on which the Decision of the Board will be read and Parties will be notified by mail.

The hearing was adjourned at 9:35 p.m.