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 Solicitor Allan Greenwood, Township Manager Allen Heist, and William Handy, court reporter.

Conditional Use Hearing:

A conditional use hearing for Richard Harrington 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 Harrington property.  The applicant desires to construct a driveway in a precautionary slope district on his property (Tax Parcel 25-4-10 and 11) located at 1758 Saw Mill Road in the RC Zoning District.

Solicitor Greenwood submitted the following exhibits into the record:

      B-1    Proof of Publication

      B-2    Environmental Advisory Council review letter dated April 5, 2001

      B-3    Chester County Planning Commission review letter dated March 27, 2001

      B-4    Notification to Property Owners within 500’ of the proposed project

Solicitor Greenwood asked if anyone present would like to enter an appearance as party to the proceeding; there was no response.

Mr. Harrington submitted for the record Exhibit A-1, consisting of an Application for Conditional Use, Stormwater Management Computations dated January 29, 2001, and a Driveway Plan dated February 8, 2001.  A revised plan, dated April 5, 2001 was submitted for the record as Exhibit A-2 and distributed to members of the Board for review.  Testimony was given by the applicant concerning the revised plan, which reflects the recommendations submitted by Code Enforcement Officer Robert Wideman and the EAC.  The plan reduces the amount of cut into the slope, incorporates natural stone retaining walls, preserves four large oak trees on the property, and reduces the width of the cartway to 10’. 

Mr. Brachwitz suggested widening of the driveway entrance to allow larger vehicle access (i.e. fuel delivery, emergency vehicles).  Widening of the driveway entrance would also provide a vehicular pull-off area along Saw Mill Road in the event of inclement weather conditions.  Solicitor Greenwood pointed out that the stormwater management has been designed to control runoff from a 25-year storm event and suggested the applicant may want to consider consolidation of the two lots.  Since the applicant was not interested in lot consolidation and had considered a driveway easement as a possible option in the event of lot resale, the Board indicated that they have no opinion on the consolidation of the lots at this time and the issue will be decided in the future.     

Exhibits B-1 through B-4 and A-1 and A-2 were admitted into evidence and since there was no further testimony or questions, the evidentiary portion of the record was closed. 

A motion was made by Mr. Brachwitz to grant conditional use approval to Richard Harrington subject to the Applicant’s compliance with the condition that the driveway is widened at the entrance off Saw Mill Road.  The motion was seconded by Mrs. Perkins and carried unanimously.  The hearing was adjourned at 8:00 p.m.

Continuation of Regular Meeting:
The regular meeting was called to order at 8:01 p.m.

Minutes:

Unanimous approval was granted for minutes of March 5, 12, 19, and 26 with a motion from Mr. Brachwitz and second from Mrs. Perkins.

Reports:

Treasurer’s Report – The following March 31, 2001 account balances were reported:  General Fund Balance, $23,954.88; State Fund, $4,666.00; Kimberton Sewer Fund, $25,706.32; Township Building Loan, $707,711.00; St. Stephens Greene Sewer Fund, $33,751.85; and St. Stephens Greene Sewer Fund, $24,036.43.

Police Report – Police Chief Karl Jones reported that the Police Department responded to 81 calls in March.  The Department investigated four accidents and a dog bite within the Township; conducted several traffic details on Conestoga Road, Pottstown Pike, and Horseshoe Trail; assisted surrounding police agencies with various calls; and issued a citation for crossing Buttonwood Lane Bridge with an overweight vehicle.  The Chester County Chief of Police Association wrote a thank you letter for the use of the Evans farmhouse to conduct a Building Search School last week.

Solicitor’s Report – Solicitor Greenwood reported working on the Susan Thomas Subdivision Declaration of Easements and Restrictions and DEP exemption; language regarding the Exxon Land Development Plan rejection; Jeffrey Duffy escrow agreement; and Horseshoe Farm stormwater easement agreement and improvement dedication.

Correspondence:

Correspondence was received from Green Valleys Association requesting the Board to consider a contribution of $2,000 for Phase II of the French Creek Scenic Restoration Project.  The Phase II Project includes demolition of the house on Pughtown Road in the vicinity of Hollow Road and lot restoration.  A motion was made by Mrs. Perkins, seconded by Mr. Miller, to approve a contribution of $2,000 to Green Valleys Association for the Phase II French Creek Scenic Restoration Project.  Mrs. Perkins voted in favor, Miller and Brachwitz opposed; the motion did not carry.

As a follow-up to the Chester County Commissioners pledge of $5 million for the purchase of development rights on farmland in Northern Chester County, Kate Damsgaard was present on behalf of the French and Pickering Creeks Conservation Trust to request the Board to consider participation in the County Challenge Program, which proposes matching $5 million pledges from the County, State, Vanguard, and municipalities/conservancies.  The Trust is working with the County to define program requirements and will update the Board on any new information.

During the past week, Board members received anonymous letters from two Township residents concerning neighbor complaints; Mrs. Perkins reminded residents that unsigned letters are not always viewed as credible and encouraged residents to discuss issues of concern with their neighbors prior to involving the Township.         

Subdivision/Land Development/Zoning:

Solicitor Greenwood indicated that the DEP exemption pertaining to the Susan P. Thomas Subdivision Plan and the Declaration of Easements and Restrictions have been reviewed and are found to be complete.  A motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to grant final subdivision approval to Susan P. Thomas; the motion carried unanimously.  The Declaration of Easements and Restrictions will be signed by the Applicant and recorded with the subdivision plan.      

The Board unanimously acknowledged receipt of a subdivision extension agreement for the Laymen’s Home Missionary Movement Subdivision Plan extending review time to May 7, 2001 upon a motion from Mr. Brachwitz and second from Mrs. Perkins.

Jerry Miller, Hopkins & Scott, Inc., requested the Board’s endorsement of the Long Lane and Dawes Farm Planning Module Exemption Form; the request will be forwarded to Code Enforcement Officer Robert Wideman for review.

A motion was made by Mr. Brachwitz to adopt Resolution 11-2001, authorizing the installation, operation, and maintenance of traffic signals on Conestoga Road and Lexington Boulevard (Weatherstone Subdivision); the motion was seconded by Mrs. Perkins and carried unanimously. 

The Board unanimously acknowledged receipt of three conditional use applications from Robert L. Teichert, Jr., David L. Frame, and Stephen V. Siana upon a motion from Mr. Brachwitz and second from Mrs. Perkins; hearings will be held Monday, June 4, 2001 at 7:30 p.m. at the Township Building.  Mr. Teichert desires to use his property (Tax Parcel 25-3-52.1) on the north side of Saw Mill Road (3000’ east of the intersection of Saw Mill and Flowing Springs Road) to construct a driveway and cuts within the precautionary and prohibitive slope districts under Section 1704.B.1&2 of the Township Zoning Ordinance.  Mr. Frame desires to use the property he leases at 1001 Pottstown Pike (Eagle Machinery) in the PC/LI Zoning District for the sale of landscaping supplies under Section 1102 of the Township Zoning Ordinance.  Mr. Siana desires to maintain the existing fill on his property (Tax Parcel 25-4-24) Lot 17, Hunt Hill Road without further grading or disturbance until the house grading is performed by the new owner as permitted under Section 1704B.1.d of the Township Zoning Ordinance.         

The Zoning Hearing Board will meet Wednesday, April 18, 2001 at 7:00 p.m. at the Township Building to consider the application of Daniel and Craig Hannafin and the continued application of Cynthia Clark.  As a result of a court order entered on January 12, 2001 in the matter of Robert L. Burch v. Dale and Sylvia Fleck, the Zoning Hearing Board will meet Thursday, April 26, 2001 at 7:00 p.m. at the Township Building to consider the application of Dale and Sylvia Fleck.

Board members reviewed a draft letter to the Chester County Planning Commission regarding PennDOT’s Twelve Year Program for Highways and Bridges.  A unanimous motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to authorize Manager Heist to send the letter.

Solicitor Greenwood reviewed Ordinance No. 107-2001, as advertised in the Daily Local News on April 2, 2001, controlling and regulating hours of minors within public places and controlling and regulating disturbances of the peace, peddling, and littering.  A motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to adopt Ordinance No. 107-2001; the motion carried unanimously.  In response to a question from Jason Phillips, it was noted that the ordinance would not affect the customary use of farm equipment on roadways or usual procedures of agricultural uses.

A motion was made by Mrs. Perkins to order, per the 2001 Budget, a F550 Ford Truck at the State contract price of $33,373.00 from Matthews Sales Company; a utility body will be ordered prior to truck delivery.  The motion was seconded by Mr. Brachwitz and carried unanimously. 

Solicitor Greenwood received notification of a property sale pending in the Kimberton Sewer District in which the purchaser would like to take over the municipal lien for sewer construction loan payments.  The Board authorized Mr. Greenwood to notify the involved parties that the new owner may assume individual responsibility for the loan, relieving the current owner of his responsibility.   

Bills List:
Mrs. Perkins made a motion to pay the bills on the Bills List dated April 9, 2001; it was seconded by Mr. Brachwitz and carried unanimously.

There being no further business, Mrs. Perkins moved the meeting be adjourned; the motion was seconded by Mr. Brachwitz and the meeting adjourned at 8:50 p.m.

Respectfully Submitted,