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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, and Township Solicitor Allan Greenwood. Correspondence: Chester County Planning Commission has received a copy of PennDOT’s Chester County Highway Improvements Inventory identifying the status of projects on the Twelve Year Program and has been notified that PennDOT is about to initiate the updating process for their Twelve Year Program. Manager Heist will recommend consideration of two projects pertaining to the reconstruction of the Conestoga Road bridge at St. Matthews Road and the Conestoga Road and South Chester Springs Road intersection.
The Township received copies of a Conditional Use Application and proposed development plan for the Senn property in Upper Uwchlan Township located on the east side of Route 100, south of Black Horse Road. Pulte proposes to develop the property as a neo-traditional community consisting of 217 single-family homes, 248 townhouses, an 11,780 sq. ft. community center, and 32,600 sq. ft. of commercial stores. Manager Heist indicated that he is researching a fee simple or right of way easement off Black Horse Road, which accesses the Senn property.
Subdivisions/Land Development/Zoning: The homeowners of Wetherill Estates were notified of the Board’s intent to consider accepting dedication of the community water system and public improvements and of the proposed budget and water rates. In support of their request for dedication, Southdown Properties, Inc. has posted maintenance bonds for the dedication of the Wetherill Water System and improvements. Solicitor Greenwood advised that while the developer has made application to DEP for a permit of the auxiliary well, connection has not been completed to fully comply with the Water System Agreement provisions and the developer has not indicated a willingness to seek an amicable resolution.
The following summarizes comments, questions, and concerns voiced by Wetherill Estates residents Andrew Getz, Mike Harrington, Jim Heinlein, Skip Syer, Larry Harsch, Mark Dinan, Jeff Arcara, and Adrienne Doran and written comments submitted by Marie and Jim Davis:
Correspondence was received from Wetherill residents Maureen and Joe Quigley regarding outstanding driveway issues, Jack Dougherty regarding a sinkhole around a storm sewer drain on his property, and Mark Dinan regarding miscellaneous final project completion items. The Township Engineer and Richard Sudall, Southdown Properties, Inc will review and address these issues.
A motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to authorize Manager Heist and Solicitor Greenwood to contact Southdown Properties, Inc. and indicate that the Board of Supervisors rejects the offer of dedication of the Wetherill Estates Water System and public improvements on the grounds that the connection of the auxiliary well is not complete. The motion carried unanimously.
Mr. Sudall requested return of the fully executed maintenance bonds posted for the water system and improvements.
Chairman Miller called the meeting to order at 9:05 p.m., following a ten-minute break.
An agreement for subdivision review extension to April 30, 2001 for the Weatherstone Subdivision was acknowledged with a motion from Mr. Brachwitz and second from Mrs. Perkins; the motion carried unanimously. PennDOT permit application has been filed.
The Board unanimously acknowledged receipt of a subdivision extension agreement for the Hankin Tract (By Right) extending review time to April 30, 2001 upon a motion from Mr. Brachwitz and second from Mrs. Perkins. Peter Rodgers asked if there are deficiencies in the By-Right plan to adjudicate rejection; the plan complies with zoning and in accordance with the conditional use decision will be withdrawn at time of Weatherstone’s premilinary plan approval.
A motion was made by Mrs. Perkins, seconded by Mr. Brachwitz to grant final approval of the Jeffrey C. Duffy Subdivision Plan (lot line change); the motion carried unanimously. Mr. Duffy and the Township have entered into an escrow agreement in the amount of $7500 to be applied to expenses to demolish the existing house that straddles the lot line; Mr. Duffy will meet with Solicitor Greenwood in a timely manner to finalize the escrow account.
Mr. Brachwitz moved to grant final approval of the Hammond and Nash Subdivision Plan (lot line change); the motion was seconded by Mrs. Perkins and carried unanimously.
A motion was made by Mr. Brachwitz to grant the following waivers pertaining to the E. Raymond Lynch Subdivision Plan:
a. The requirement of 4% for the first 20’ at the bottom of the driveway must be met. b. The stormwater runoff for the driveway should be reviewed and subject to approval by the Zoning Officer (via the Township Engineer if needed) at the time of building permit application.
The motion was seconded by Mrs. Perkins and carried unanimously.
A motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to grant final approval of the E. Raymond Lynch Subdivision Plan; the motion carried unanimously.
The Board reviewed the Susan P. Thomas Subdivision Plan; before final approval is granted, the Township Solicitor will review the Driveway Easement and Sewage Easement. The Planning Commission and Board will consider more definition/clarification of the land set-aside requirement.
A motion was made by Mr. Miller, seconded by Mrs. Perkins, to grant preliminary approval of The Preserve at Birchrun Subdivision Plan (formerly known as Woodstone Development and Laymen’s Home Missionary Movement); the motion carried unanimously. Mr. Bachich advised that the Fiscal Impact Study would be submitted within a couple weeks.
Notice was received from Exxon Corporation attorney Marc D. Jonas that “ExxonMobil has decided not to pursue the pending land development application”. Mr. Brachwitz moved that the Board reject the Exxon Corporation Land Development Plan on the grounds that the application has been withdrawn pursuant to the letter from Marc D. Jonas, of Fox, Rothschild, O’Brien & Frankel LLP, dated March 7, 2001 and on the grounds that Exxon has not complied with the conditions imposed by the West Vincent Township Zoning Hearing Board requiring construction to begin within one year of granting the variance. The motion was seconded by Mrs. Perkins and carried unanimously.
The Board acknowledged receipt of a conditional use application from West Vincent Township to lease the first floor of the former Evans farmhouse, 729 St. Matthews Road, for professional office use under Section 1502B.1. of the Township Zoning Ordinance. The hearing will be held Monday, May 14, 2001.
Old Business: As a follow-up to concerns expressed by Joyce Douglas, Pughtown Road, regarding the operation of Kimbertal Kennel, Manager Heist confirmed the kennel is under the jurisdiction of the PA Department of Agriculture for inspections and licensing; the rules and regulations are on file in the Township Office.
Business from the Floor: John Crampton, 1320 Green Lane, was present to question the requirement for a building permit to repair (replace the lining) of two chimneys in his residence; it is Mr. Crampton’s opinion that in requiring permits, the Township acts as a deterrent when residents desire to make repairs in an effort to preserve and protect their property. Mr. Brachwitz explained that the chimney repair was a structural element requiring a permit under the 1999 Building Officials Code Administration (BOCA) Code, which the Township has adopted. Inspections conducted by the Building Inspector not only benefit the current owner, but also future owners of the property and proper chimney installation is a health and safety issue. (In Mr. Crampton’s case, inspections were not conducted, since the building inspector was not contacted by the contractor or homeowner as required.) Mr. Crampton agreed that a building permit would be necessary in the case of an addition or new construction, however, he argued that a permit is not necessary in the case of repairs and requested a refund of his $130.00 permit fee, which he would donate to the Red Cross. The Board unanimously denied Mr. Crampton’s refund request.
Jim Heinlein asked when St. Matthews Road and Horseshoe Trail would be resurfaced; PennDOT has scheduled resurfacing of St. Matthews Road between Route 401 and Pughtown Road during the summer of 2001 and resurfacing portions of Horseshoe Trail is on the Township 2001 budget.
Peter Rodgers asked for an update on Michael and Janet Polay’s interest in extracting in excess of 100,000 gallons of water per day from their property on St. Andrews Lane; the Township has responded to their notice and there has been no activity towards water withdrawal.
Chairman Miller announced that an executive session would be held following the meeting to discuss potential litigation matters pertaining to Matthews Meadows Development.
Bills List: Mr. Brachwitz made a motion to pay the bills on the Bills List dated March 26, 2001; it was seconded by Mrs. Perkins and carried unanimously. There being no further business, Mr. Brachwitz moved the meeting be adjourned; the motion was seconded by Mr. Brachwitz and the meeting adjourned at 10:10 p.m.
Respectfully Submitted,
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