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 7:33 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.
Conditional Use Hearing:
The second conditional use hearing for Carl Massara was called to order at 7:35 p.m. The applicant seeks permission for a basketball court and related earthwork within precautionary slopes, under Section 1704B.1.d. of the West Vincent Township Zoning Ordinance, on his 41.6 acre property (Tax Parcel #25-3-142) located at 1211 Hollow Road in the RC Zoning District.
Solicitor Greenwood submitted for the record the following Board exhibits:
Zoning Officer Robert Wideman reviewed the Construction Grading and Soil & Erosion Control Plan and Narrative submitted at the October 9th hearing and found the plan indicates that the slope in the area of the basketball court was approximately 25%-27% before the start of earthwork. Mr. Wideman noted that the zoning ordinance allows for passive recreational uses in Zoning Ordinance Section 1704A.1.a. as follows: "Public parks and other outdoor recreational uses consistent with the goals of watershed protection". It is his opinion that "outdoor recreational uses" applies to hiking, horseback riding, and other similar uses that do not involve major earthwork or the construction of structures; a basketball court does not fall into the category of "other outdoor uses" in the context of the ordinance. Based on the information presented, Mr. Wideman believes the application does not fall within a use allowed by Conditional Use and if Mr. Massara wishes to pursue this matter further, his options are to either appeal the decision of the Zoning Officer or apply for a variance to the Zoning Hearing Board.
The Planning Commission unanimously recommended the Board deny the Massara application for a basketball court because it does not meet with the Township Zoning Ordinance for consideration as a Conditional Use.
Testimony was given by Carl Massara concerning the conditional use application. The applicant pointed out that since earthwork has been completed, the area proposed for the basketball court is flat; a permit from the Conservation District has been obtained; and in his opinion the use complies with the intent of the Zoning Ordinance and would have less impact on watershed protection than a horseback riding trail.
Margaret Connors Massara testified that approximately ten to twelve feet of the proposed site was already a flat area prior to excavation.
Discussions continued, including the following:
A unanimous motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, to continue the evidentiary portion of the hearing in connection with the application of Carl Massara to Monday, November 27, 2000 at 7:30 p.m. at the West Vincent Township Building, at which time further evidence may be offered and/or a Decision of the Board rendered. The hearing was adjourned at 8:13 p.m.
Conditional Use Hearing:
The second conditional use hearing for Joseph and Bernice Gallagher was called to order at 8:14 p.m. 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.
Glenn L. Blackwell, Esquire, representing Mr. and Mrs. Gallagher, submitted the following exhibits for the record:
| A-7 | - | Site Development Plan with E&S Control Measures, revised November 13, 2000 | |
| A-8 | - | Hydrologic Study, revised November 8, 2000 | |
| A-9 | - | Hydrologic Study of Existing Culver, dated October 24, 2000 | |
| A-10 | - | Erosion and Sedimentation Control Study, dated November 9, 2000 |
Testimony was given by James Haigney, Commonwealth Engineers, Inc., concerning the conditional use application, in which he demonstrated compliance with the West Vincent Township Zoning Ordinance, addressed the concerns of Zoning Officer Robert Wideman, the Environmental Advisory Council and Party Margaret Gerhard, and detailed the erosion and sedimentation control measures proposed.
Jim Shelton, Malcolm Pirnie, Inc., engineer on behalf of Margaret Gerhard, who assisted Mr. Haigney in the cooperative effort of revising the Site Development Plan submitted as Exhibit A-7, testified that all objectives have been met to protect his client’s property interests. Mrs. Gerhard also confirmed that her concerns have been addressed.
Solicitor Greenwood submitted the following exhibits into the record:
| B-3 | - | Memorandum to the Planning Commission from Robert Wideman dated 9/21/00 | |
| B-4 | - | Letter to the Board of Supervisors from the Environmental Advisory Counsel dated October 19, 2000 | |
| B-5 | - | Chester County Planning Commission Review Letter dated September 21, 2000 | |
| B-6 | - | Planning Commission Minutes of October 19, 2000 meeting | |
| B-7 | - | Memorandum to the Planning Commission from Robert Wideman dated 10/17/00 | |
| B-8 | - | Memorandum to the Board of Supervisors from Robert Wideman dated 10/23/00 | |
| B-9 | - | Memorandum to the Board of Supervisors from Robert Wideman dated 11/13/00 |
Margaret Hill, attorney for Margaret Gerhard, suggested that the plans and studies submitted into the record as Exhibits A-7 through A-10 and Robert Wideman’s November 13, 2000 memorandum to the Board of Supervisors (Exhibit B-9) be incorporated into the conditions for the Joseph and Bernice Gallagher Decision.
A unanimous motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to continue the hearing in connection with the application of Joseph and Bernice Gallagher to Monday, November 27, 2000 at 7:30 p.m. at the West Vincent Township Building, at which time further evidence may be offered and a Decision of the Board rendered. The Board complimented Mr. and Mrs. Gallagher and Mrs. Gerhard for working together on this application. The hearing was adjourned at 9:08 p.m.
Continuation of Regular Meeting:
Following a brief recess, the regular meeting was called to order at 9:15 p.m.
Minutes:
Unanimous approval was granted for minutes of October 2, 9, 23, and 30 with a motion from Mr. Brachwitz and second from Mrs. Perkins.
Reports:
Treasurer’s Report - The following October 31, 2000 account balances were reported: General Fund, $163,859.81; State Fund, $73,083.08; Kimberton Sewer Fund, $4,459.99; Township Building Loan, $690,568.53; St. Stephens Greene Water Fund, $22,141.91; and St. Stephens Greene Sewer Fund, $29,661.30. Since the Road Repair Loan has been paid in full, the account was closed and the remaining balance of $5,786.90 was deposited into the General Fund for road maintenance expenditures.
Police Report - Police Chief Karl Jones reported that the Police Department responded to 98 calls in October. The Department arrested two subjects for trespassing on the Camphill property; arrested one subject for terroristic threats and criminal mischief at Ludwigs Oyster Bar; investigated three minor traffic accidents; conducted traffic details on various secondary roads resulting in 52 citations issued; and reported no major incidents during the Halloween season.
Solicitor’s Report - Solicitor Greenwood reported working on the Gannett Fleming, Inc. contract and reviewing the driveway easement for the Hammond Subdivision.
Correspondence:
East Pikeland Township has been approached by several of their township residents who are interested in forming and/or joining an Agricultural Security Area. Farms located in a municipality that does not have an ASA may enroll in the ASA of a municipality that does. The Board expressed interest in participating with East Pikeland in this concept; Manager Heist will look into the requirements of piggyback ASA applications.
Subdivisions/Land Development/Zoning:
The Board unanimously acknowledged receipt of a subdivision extension agreement for the Laymens Home Missionary Movement (Woodstone) Subdivision extending review time to December 21, 2000 upon a motion from Mr. Brachwitz and second from Mrs. Perkins.
A letter was received from the Matthews Meadows Homeowners Association supplying site-specific information on outstanding items to be completed by Berman Builders, Inc. at Matthews Meadows and requesting that the Township either require Berman to address these items according to an approved schedule or revoke the bond posted by the builder to complete this work. Solicitor Greenwood will forward a letter to Berman Builders, Inc. to prompt action.
Manager Heist reported on a meeting held with Gregory Stevens, SLC Senior Living Retirement Community; the property may be sold to a residential developer.
David Beideman, representing Gayle Hammond, advised the Board that during preparation for settlement on Lot #1 of the Hammond Subdivision Plan, which was given conditional approval on October 9, 2000, it was discovered that conveying the 3.24-acre lot would breech Act 319. Consequently, the subdivision plan has been amended by removing the road right of way description from Lot #1 and including the description with the existing lot, resulting in a 3-acre net area for Lot #1; no other changes have been made and the revised plan meets all zoning requirements. A motion was made by Mrs. Perkins to rescind prior subdivision plan approval granted on October 9, 2000 and approve the Gayle L. Hammond Subdivision Plan, revised November 13, 2000, subject to the condition that an agreement be reached between the Township Solicitor and the attorney for Gayle Hammond a Declaration of Driveway Easement. The motion was seconded by Mr. Brachwitz and carried unanimously.
The Board unanimously acknowledged receipt of the Lynch Subdivision Plan for three lots on 9.1047 acres on the north side of St. Matthews Road, opposite Houndstooth Lane, upon a motion by Mr. Brachwitz, seconded by Mrs. Perkins.
Since proper procedure for escrow releases was not followed, the Wetherill Estates (Phase 2) Escrow Request No. 10 in the amount of $83,843.62 will be placed on the next meeting agenda.
Old Business:
Correspondence has been received from Curt Schroder advising that the Chester Springs Road Bridge reconstruction project is scheduled for letting June, 2001 and completion December, 2001.
A response was received from Wilber Tritle, PA Department of Transportation, regarding Solicitor Greenwood’s review comments on the proposed Agility Agreement. PennDOT is not able to change, add, or delete any wording in the agreement. A signed, executed Agreement does not obligate either the Township or PennDOT to perform any work; the Work Plan obligates the work. The Board did not express interest in the Agreement at this time.
A construction cost estimate for the abutment and channel repair work on the Flowing Springs Road Bridge was received from Gannett Fleming; the cost is currently estimated to be approximately $60,000. Replacement cost estimates range from $188,000 to $199,000. A proposal was also received from Gannett Fleming to perform Hydraulic and Scour (design) Analyses for the bridge in the amount of $12,730. Manager Heist has contacted two additional bridge engineers for an evaluation and recommendation for repair and/or replacement of the Flowing Springs Road Bridge. Township resident Thoma Johnson asked what weight limit would be posted on the bridge after completion of repairs or replacement and how the Board plans to enforce the weight restrictions; weight limit and enforcement issues will be determined after the repair or replacement alternative has been selected.
The Township Engineer, Manager Heist, Road Foreman Mark Hughes, Kenneth Miller met with Horseshoe Farms representatives to review the punch list, inspect the project, and compile cost estimates for the project. As a follow-up, letters were sent to the H.O.A. and First Union Bank, which owns the road property. Solicitor Greenwood has initiated the title search process.
New Business:
Manager Heist will contact the Chester County Health Department for West Vincent Township’s estimated proportionate share for the proposed 2001-2003 Regional Household Hazardous Waste Collection Program prior to committing to the Program.
Woods of Callow Hill residents (Forest Glen Drive) have asked Police Chief Jones for assistance in relocating the Owen J. Roberts bus stop located at St. Matthews and Malehorn Roads by submitting a letter to the School Board citing safety concerns with the present location and proposing optional bus stop locations. The Board’s position is that bus stop locations are solely within the School District’s jurisdiction and liability. Manager Heist will follow-up the request with a letter to the residents and School District.
Mr. Brachwitz announced he would not be attending the Northern Federation monthly meetings after the November 14th meeting.
Township resident Sandy Szilagyi, asked that her concerns regarding safety at the St. Matthews Road/Conestoga Road intersection be mentioned at a public meeting; Ms. Szilagyi was advised to contact PennDOT. St. Matthews UCC had indicated they would be removing the shed located on the north side of Conestoga Road. Manager Heist will follow-up on the status of the project.
The Township Office will be closed Thursday, November 23rd and Friday, November 24th.
Business from the Floor:
Jason Phillips questioned the availability of Traffic Engineering firms to service the Township and mentioned the shortcomings he and his students have discovered in the Traffic Study for SLC prepared by Gannett Fleming. The Board will take his comments under advisement.
Jane Vassile requested a clarification of the October 30th administration meeting minutes and an update on the Hankin Tract Preliminary Plan.
Bills List:
Mr. Brachwitz made a motion to pay the bills on the Bills List dated November 13, 2000; it was seconded by Mrs. Perkins and carried unanimously.
There being no further business, Mrs. Perkins moved that the meeting be adjourned; the motion was seconded by Mr. Brachwitz and the meeting adjourned at 10:15 p.m. An executive session was held regarding real estate matters (St. Stephens Greene Water Plant).
Respectfully Submitted,