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 7:35 p.m.; others in attendance were Supervisors Karl Brachwitz and Zoë Perkins, Township Manager Allen Heist, Township Solicitor Allan Greenwood, and William Handy, court reporter.

Conditional Use Hearing:

• The purpose of the hearing was to take formal action on the conditional use application of Joseph and Bernice Gallagher based upon the record established during the conditional use hearings held October 23, 2000 and November 13, 2000.  Since there was no further testimony or questions, the evidentiary portion of the record was closed.  Mr. Miller read the Decision granting conditional use approval of tax parcel #25-7-91.12, Conestoga Road, Chester Springs, PA 19425, to construct a single family dwelling, driveway, on-lot sewage disposal system and stormwater management facilities within steep slopes under provisions of Section 1704 of the West Vincent Township Zoning Ordinance subject to the following conditions:

  1. The construction of the single family dwelling, driveway, sewage disposal system and stormwater management facilities shall be substantially consistent with the revised plans submitted to the Township on November 13, 2000, including, but not limited to, the Erosion and Sedimentation Control Study (dated November 9, 2000) and the Hydrologic Study (dated August 22, 2000; revised November 8, 2000).
  2. The "limit of disturbance" depicted on the plans referenced in paragraph 1 above for erosion and sedimentation control shall be staked out and clearly delineated prior to tree clearing or earthwork and no work shall occur outside that boundary so as to avoid any unnecessary disturbance in the steep slope area.  No work shall occur until the Township has approved the delineated area boundaries.
  3. Prior to issuance of the building permit to construct the single-family dwelling, the applicant shall supply the Township with all applicable permits and supporting documentation to construct the on-lot sewage treatment and disposal system.
  4. Unless further restricted by this Decision, the use shall comply with the applicable provisions of Section 2309 of the Township Zoning Ordinance as the same are worded as of the date of this Decision and a copy of which is attached hereto and made a part hereof.
  5. Unless further restricted by this Decision, the use shall comply with the applicable provisions of Section 610 of the Township Subdivision and Land Development Ordinance as the same are worded as of the date of this Decision and a copy of which is attached hereto and made a part hereof.
  6. The subject property shall comply with all other terms and provisions of the Township Zoning Ordinance and with all other applicable regulations.
  7. This decision shall be accepted by the applicant, failing which the application shall be denied by the Board of Supervisors as lacking compliance with the mandate of Section 1704B. prohibiting damage to surrounding properties and requiring minimal site disturbance.

  A motion was made by Mr. Brachwitz to grant conditional use approval to Joseph and Bernice Gallagher in accordance with the Decision dated November 27, 2000, subject to the Applicants’ compliance with seven conditions per the attached document.  The motion was seconded by Mrs. Perkins and carried unanimously.  The hearing was adjourned at 7:39 p.m.

Conditional Use Hearing:

• The purpose of the hearing was to take formal action on the conditional use application of Carl Massara based upon the record established during the conditional use hearings held October 9, 2000 and November 13, 2000.  Since there was no further testimony or questions, the evidentiary portion of the record was closed.  Mr. Brachwitz read into the record the Decision granting conditional use approval of tax parcel #25-3-142, 1211 Hollow Road, Chester Springs, PA 19425, to construct a basketball court within steep slopes subject to the following conditions:

  1. Any outdoor lighting shall be in accordance with Section 2108 of the Township Zoning Ordinance as the same is worded as of the date of this Decision.
  2. No organized basketball tournaments shall occur on the subject property.
  3. No loudspeakers or public address system shall be installed at any time any place on the subject property.
  4. The swimming pool portion of the original application has been withdrawn.
  5. The finished grades of all cuts and fills shall be stabilized with a permanent vegetative cover or engineered retaining walls.  If the finished grade exceeds thirty-three (33) percent, design plans shall be submitted by the applicant for approval by the Township.  Any retaining wall exceeding six (6) feet in height shall be designed and sealed by a professional engineer and approved by the Township.
  6. The basketball court shall be half court in size and shall be of pervious rather than impervious material or other "best management practice" suitable for steep slopes.  The applicant shall implement all necessary safeguards for stormwater and erosion control facilities appropriate for Special Protection Watersheds in accordance with PA Chapter 102 regulations.  This includes, but is not limited to, immediate stabilization of all disturbed areas upon completion or upon the temporary cessation of earth disturbance activities.
  7. Unless further restricted by this Decision, the use shall comply with the applicable provisions of Section 2309 of the Township Zoning Ordinance as the same are worded as of the date of this Decision and a copy of which is attached hereto and made a part hereof.
  8. Unless further restricted by this Decision, the use shall comply with the applicable provisions of Section 610 of the Township Subdivision and Land Development Ordinance as the same are worded as of the date of this Decision and a copy of which is attached hereto and made a part hereof.
  9. The subject property shall comply with all other terms and provisions of the Township Zoning Ordinance and with all other applicable regulations.
  10. This Decision shall be accepted by the applicant, failing which it shall be denied by the Board of Supervisors as failing to comply with the requirements of Section 1704A.1. and 1704A.2. that the outdoor recreational use be consistent with watershed protection and Section 1704B. prohibiting damage to surrounding properties and requiring minimum site disturbance.

  A motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, to grant conditional use approval to Carl Massara in accordance with the Decision dated November 27, 2000, subject to the Applicants’ compliance with ten conditions per the attached document.  The motion carried with Perkins and Miller voting in favor and Brachwitz opposed.  The hearing was adjourned at 7:44 p.m.

Conditional Use Hearing:

• A conditional use hearing for Heather and Lance Heft was called to order at 7:45 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 Heft property.  The applicants desire to construct a driveway, on-site sewage disposal system, storm water management system, and cuts and fills in a precautionary slope district on their property (Tax Parcel 25-7-233) located on the south side of Hollow Road, approximately 2000 feet east of the intersection with Horseshoe Trail, in the RC Zoning District.

  Solicitor Greenwood submitted the following exhibits into the record:

  B-1	-	Proof of Publication
  B-2	-	Notification to Property Owners within 500’ of the proposed project
  B-3	-	Chester County Planning Commission review letter dated November 14, 2000
  B-4	-	Environmental Advisory Council review letter dated November 20, 2000
  B-5	-	Review letter from Robert Wideman, Zoning Officer, dated November 22, 2000
  B-6	-	"Unapproved Copy" of Planning Commission minutes for meeting held November 16, 2000

  Solicitor Greenwood asked if anyone present would like to enter an appearance as party to the proceeding; the following entries of appearance were filed:

  1.	Eleanor Morris	3340 Coventryville Road	Pottstown, PA  19465
  	W.B. Saunders	P.O. Box 1	Birchrunville, PA  19421
  	Representing French & Pickering Creeks Conservation Trust
  2.	Ann and Brad Dyer	12 Phillips Lane	Chester Springs, PA  19425
  3.	Stanley and Patricia Timson	11 Phillips Lane	Chester Springs, PA  19425

  The Board confirmed party status in the conditional use proceeding for the six persons who entered their appearances.  Solicitor Greenwood explained the basic procedure for the hearing and the proceedings began at 7:58 p.m.

  Glenn Blackwell, Esquire, attorney for the applicants, reviewed the property location and conditional use application and presented the first witness, James M. Haigney, Commonwealth Engineers, Inc.  Before testimony began, Solicitor Greenwood advised the applicant that he has, on occasion, represented French and Pickering Creeks Conservation Trust and offered to recuse himself from the hearing.  Mr. Heft had no objection to Solicitor Greenwood continuing as counsel to the Board of Supervisors; there was no objection from any party to the proceedings.

  The Board entertained argument on the question of the timing of the conditional use application, public notification of the hearing, and the subsequent submittal of an amended Site Development Plan and Hydrologic Report for the Heft property.  The Township Office will issue a re-notification to the property owners within 500’ of the Heft property and include the amended submissions and Exhibits B3-B6.

  Upon a unanimous motion from Mr. Brachwitz, seconded by Mrs. Perkins, the conditional use hearing in connection with the application of Heather and Lance Heft will continue on Monday, December 11, 2000 at 7:30 p.m. at the West Vincent Township Building.  The hearing was adjourned at 8:18 p.m.

Continuation of Regular Meeting:

Following a brief recess, the regular meeting was called to order at 8:25 p.m.

Subdivisions/Land Development/Zoning:

• An agreement of subdivision review extension to January 15, 2001 for Laymens Home Missionary Movement (Woodstone) was acknowledged with a motion by Mr. Brachwitz and second from Mrs. Perkins; the motion carried unanimously.

• The Board unanimously acknowledged receipt of a conditional use application from Woodstone Development Company, Inc. for construction of the proposed 33 lot single family residential subdivision, in accordance with the applicant’s letter dated November 17, 2000, upon a motion from Mrs. Perkins and second from Mr. Brachwitz; the hearing will be held Monday, January 15, 2001 at 7:30 p.m. at the Township Building.  The applicant desires to construct driveways, storm water management facilities, and cuts within the Precautionary Slope District under Section 1704B.1.a, c, and d of the Township Zoning Ordinance.

• The Board unanimously acknowledged receipt of a subdivision extension agreement for The Hankin Tract By-Right plan extending review time to January 31, 2001 upon a motion from Mr. Brachwitz and second from Mrs. Perkins.

• An agreement for subdivision review extension to January 5, 2001 for The Hankin Tract Weatherstone plan was acknowledged with a motion by Mr. Brachwitz and second from Mrs. Perkins; the motion carried unanimously.

• Member municipalities of the Northern Federation and other neighboring municipalities have been invited to attend a joint meeting regarding regional planning and zoning issues to be held at West Vincent Township on Wednesday, November 29, 2000 at 7:30 p.m.

• The Board received the Wetherill Estates (Phase 2) Escrow Request No. 10 in the amount of $83,843.62; Castle Valley Consultants will be asked to review the reduction of retainage and the language of the Certificate of Completion as it pertains to "this certificate authorizes the escrow agent to pay the order of jointly the Developer….".

Old Business:

• The Chester County Conservation District has notified the Township of approval for dirt and gravel road grant funding requested for Jaine Lane in the amount of $4,030.92; Green Lane in the amount of $361.28; Saw Mill Road in the amount of $5,510.20; and French Creek Road in the amount of $2,460.56.

• A third proposal for engineering services for the Flowing Springs Road Bridge was received from Klein and Hoffman, Inc.  Manager Heist will compare and compile the three proposals and cost estimates for bridge repair and reconstruction for the Board’s review at the December 11^th meeting.

• In response to a request from Dewees Lane residents Michael Floyd and Michael Fedor, a  speed study was conducted on Dewees Lane (dirt and paved portion).  A motion was made by Mr. Miller, seconded by Mr. Brachwitz, to authorize Manager Heist to prepare an ordinance restricting speed in excess of 25 m.p.h. on Dewees Lane between Conestoga Road and Horseshoe Trail.  The motion carried with Miller and Brachwitz voting in favor and Perkins opposed.  Mrs. Perkins noted the speed restriction would necessitate the installation of signs along the rural roadway.

• In response to a resident’s concerns regarding safety at the St. Matthews Road/Conestoga Road intersection, Manager Heist reported St. Matthews UCC indicated that the demolition of the shed on the north side of Conestoga Road is on the January annual meeting agenda, with approval expected.  The Church expressed an interest in conveying their property on the north side of Conestoga Road to PennDOT to facilitate realignment of the intersection.  Manager Heist contacted PennDOT regarding St. Matthews UCC’s offer and two alternatives were proposed -  1.)  Addition of the intersection of St. Matthews Road/Conestoga Road to the Twelve Year Program; or 2.) To complete improvements in a timelier manner, the Township pays for designing/engineering costs and PennDOT funds fixing the intersection.

• Thoma Johnson questioned the status of the complaint regarding storage of equipment on the William Hall property and potential commercial use; Zoning Officer Robert Wideman reported there appears to be no violation at this time.  The equipment and use has continued on the property for approximately twenty years.

New Business:

• The Board agreed to commit to the 2001-2003 Regional Household Hazardous Waste Collection Program; 50% of the program collection expenses are funded by a state grant.

• The Chester County SPCA has submitted a copy of the 2001 Stray Boarding and Animal Protective Services Contract; Kimbertal Kennel provides animal control services to the Township so no action was taken on the SPCA contract.

• A unanimous motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to adopt the Preliminary 2001 Budget.  Additional work on the budget relating to the Flowing Springs Road Bridge and St. Stephens Greene Water and Sewer Funds is expected.  Thoma Johnson and Thomas Roemer requested clarification regarding the St. Stephens Greene Funds and payroll.

Business from the Floor:

• Zoning Officer Robert Wideman requested feedback from the Board regarding interpretation of the Zoning Ordinance pertaining to temporary or seasonal signs posted by businesses and residents.  Manager Heist and Mr. Wideman will draft language including number of temporary or seasonal signs allowed, frequency permitted, and duration for posting the sign for the Board’s review.  Mr. Wideman also reported working with Solicitor Greenwood on civil proceedings for ordinance violators.

Bills List:

• Mrs. Perkins made a motion to pay the bills on the Bills List dated November 27, 2000; it was seconded by Mr. Brachwitz and carried unanimously.

There being no further business, Mr. Brachwitz moved that the meeting be adjourned;  the motion was seconded by Mrs. Perkins and the meeting adjourned at 9:21 p.m.  An executive session was held regarding real estates matters (Route 100).

Respectfully Submitted,