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 7:40 p.m.; others in attendance were Supervisors Karl Brachwitz and Zoë Perkins, Township Manager Allen Heist, Township Solicitor Allan Greenwood, and Mark Hegarty, court reporter.
Conditional Use Hearing:
A conditional use hearing for Joseph and Bernice Gallagher was called to order at 7:42 p.m. The hearing had been duly advertised as shown by proof of publication and notice had been given to all property owners within 500’ of the Gallagher property. The applicants desire to construct a driveway, on-site sewage disposal system, stormwater management facilities and cuts of 2:1 in a precautionary slope district and driveway and cuts of 2:1 in a prohibitive slope district on their six-acre property (Tax Parcel 25-7-91.12) located on the south side of Conestoga Road, 800 feet southeast of the intersection of Conestoga Road and St. Matthews Road in the R-3 Zoning District.
Solicitor Greenwood asked if anyone present would like to enter an appearance as party to the proceeding; an entry of appearance was filed by Margaret Gerhard, 2317 Conestoga Road, Chester Springs, PA 19425. The Board confirmed party status in the conditional use proceeding for Ms. Gerhard. Solicitor Greenwood explained the basic procedure for the hearing and submitted the following exhibits into the record:
B-1 - Proof of Publication
B-2 - Notification to Property Owners within 500’ of the proposed project
Testimony was given by James M. Haigney, Commonwealth Engineers, Inc., concerning the conditional use application submission as permitted under Zoning Ordinance Sections 1704B.l and 1704B.2 and site plans were distributed to Board members and reviewed. The entire front of the property, which is currently undeveloped, is in either precautionary (15%-25%) or prohibitive (over 25%) slopes. Mr. Haigney noted that an alternative driveway layout avoiding prohibitive slopes was considered, however, the proposed plan creates less disturbance of the wooded area and provides a safe site distance accessing Conestoga Road. PennDOT has issued a Highway Occupancy Permit to install a minimum use driveway on the property. During testimony, the following exhibits were submitted for the record:
A-1 - Application for Conditional Use
A-2 - Site Development Plan, Commonwealth Engineers, Inc., dated August 18, 2000
A-3 - Alternative Driveway Layout
A-4 - PennDOT Supplemental Highway Permit
A-5 - Stormwater Calculations
A-6 - Correspondence from Commonwealth Engineers, Inc., dated October 17, 2000
Erosion and sedimentation controls proposed include stabilization of the construction entrance, installation of silt fence, and stabilization of 2:1 cut slopes with jute mesh and seeding/mulching following earthmoving procedures.
Upon completion of testimony, the Board of Supervisors, Manager Heist, and Solicitor Greenwood asked questions seeking clarification of the evidence presented resulting in the following comments:
Party Margaret Gerhard asked the location of the proposed driveway as it relates to "Goosewalk" (approximately 30’ north) and voiced her concerns regarding potential contamination or change in water quality of the spring-fed pond, which is relied upon as a water supply to her residence. Ms. Gerhard requested that the Board consider continuing the hearing so counsel can represent her.
Larry Shontz, a neighboring property owner, asked the Board when the PennDOT permit was issued (4-14-00) and commented on the improbability of run-off from the site reaching the Conestoga Road culvert. Solicitor Greenwood invited submission of an Entry of Appearance form and an entry of appearance was filed for Larry Shontz, 2415 S. Chester Springs Road, Chester Springs, PA 19425. Al Martone, Houndstooth Circle, Jane Vasile, Horseshoe Trail, and Jay Beaver, Houndstooth Lane asked questions of the Board and stated their opinions. Mr. Gallagher expressed his concerns regarding continuing the hearing and respectfully requested the hearing be concluded.
The conditional use hearing in connection with the application of Joseph and Bernice Gallagher will continue on Monday, November 13, 2000 at 7:30 p.m. at the West Vincent Township Building. Exhibits B-1 through B-2 and A-1 through A-6 were admitted into evidence; the Board confirmed party status of Margaret Gerhard and Larry Shontz. The hearing adjourned at 8:55 p.m.
Continuation of Regular Meeting:
Following a brief recess, the regular meeting was called to order at 9:07 p.m.
Subdivisions/Land Development/Zoning:
As a follow-up to a site visit held in July, a punch list was generated by the Township Engineer and distributed to Horseshoe Farms residents, many of whom were in attendance to discuss dedication of Houndstooth Lane and Houndstooth Circle. Solicitor Greenwood will initiate the title search process for the road property, which is owned by First Union Bank. The Township Engineer, Manager Heist, Road Foreman Mark Hughes, Kenneth Miller and Horseshoe Farms’ representatives will meet Friday, October 27th at 9 a.m. to review the punch list, inspect the project, and compile cost estimates for project completion.
The Board unanimously acknowledged receipt of a subdivision extension agreement for the Laymen’s Home Missionary Movement (Woodstone) property extending review time to November 16, 2000 upon a motion from Mr. Brachwitz and second from Mrs. Perkins.
Correspondence was received from Evans Mill Environmental, Inc. advising that preparation of a Joint Permit Application to PADEP for a proposed road crossing of wetlands on the Woodstone Development project site has been initiated and requested written concurrence from the Township that there are no other acceptable alternatives to access the property and reasons supporting the issue. The Planning Commission forwarded a recommendation to the Board "to bring the road in on the Pine Drive entrance, not through the wetlands". A motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, not to pursue a Joint Permit Application to PA Department of Environmental Protection to cross wetlands on the Woodstone Development site. The motion carried with Brachwitz and Perkins voting in favor and Miller opposed.
Jack Mazur, 42 South Iroquois Lane (Wetherill Estates), was present to discuss his swimming pool application in which the proposed pool encroaches on the reserve area easement (approximately 50’ x 60’) shown on the Wetherill Estates Development recorded plan. The actual area required by the Chester County Health Department for a replacement absorption area seepage bed is 20’ X 50’. This difference consumes a significant portion of the usable lot area on his lot and relocating the pool location outside the reserve area easement results in the removal of ten evergreen trees. It was noted that the Wetherill Homeowners Association restricts swimming pools from being located within the reserve area and relocation would be necessary for the required HOA approval prior to issuance of permit. Mr. Brachwitz indicated that the reserve easement also allows for construction area requirements; the Board advised Mr. Mazur to pursue relocation of the pool outside the reserve area easement.
Zoning Officer Robert Wideman advised in a memo to the Board that the issue of swimming pools in Wetherill Estates was briefly discussed at the last Planning Commission meeting. "I found widely varying information on pool water evaporation (720-1,000-7,110 gallons/month). The Wetherill water system has a limited capacity and a proliferation of pools could have a significant impact on the total water usage." This issue will be addressed prior to dedication of the water system.
An application to the Zoning Hearing Board was received from James and Madelyn Martin, 1860 Kimberton Road, requesting a variance from Section 803G of the Township Zoning Ordinance to construct a two-car garage in the front yard; a hearing date has not been set.
A motion was made by Mrs. Perkins to grant final approval for the Alfred P. and Elizabeth Kennedy Subdivision Plan as a non-building lot subdivision and requests a DER Form B waiver of the sewage facilities planning requirements. The motion was seconded by Mr. Brachwitz and carried unanimously.
A motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, to grant final approval for the Owen J. Roberts School District/Pearl M. Griffith Subdivision Plan; the motion carried unanimously.
Mrs. Perkins moved to approve submission of The Hankin Tract (Weatherstone) Sewage Facilities Planning Module to DEP conditioned upon the submission of rainfall calculations and lagoon storage issues to complete the crop management plan and subsequent review and approval of these items by the Township Engineer. The motion was seconded by Mr. Brachwitz and carried unanimously.
Old Business:
Solicitor Greenwood’s review letter of the proposed Agility Agreement between the Township and PennDOT will be forwarded to Wilber Tritle, PennDOT.
Upon review of an estimate for treasurer services submitted by McBride Shopa & Company P.A., a unanimous motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, to proceed with a formal engagement letter detailing services for the Township at a cost not to exceed $1,000 per month.
A motion was made by Mr. Brachwitz, seconded by Mr. Miller, to advertise ordinances restricting speed in excess of 20 m.p.h. on St. Andrews Lane, restricting speed in excess of 35 m.p.h. on School House Lane (between St. Matthews Road and Flowing Springs Road) and restricting speed in excess of 20 m.p.h. on Black Horse Road (dirt portion). Brachwitz and Miller voted in favor, Perkins opposed; the motion carried.
New Business:
A Saw Mill Road resident asked the Board to consider the installation of "No Truck (Except Local Delivery) signs on Saw Mill Road; there was no interest in additional signage on Saw Mill Road at this time.
Business from the Floor:
Township resident Joe Vassile requested an update on The Hankin Tract preliminary subdivision plan and suggested that the Board include a monthly report on the project. The plan is currently under review by the Township Engineer and other consultants and the Township Planning Commission, which meets the third Thursday of each month at 7:30 p.m. at the Township Building.
Bills List:
Mr. Brachwitz made a motion to pay the bills on the Bills List dated October 23, 2000; it was seconded by Mrs. Perkins and carried unanimously.
There begin no further business, Mr. Brachwitz moved that the meeting be adjourned; the motion was seconded by Mrs. Perkins and the meeting adjourned at 11:00 p.m. An executive session was held regarding litigation and real estate matters.
Respectfully Submitted,