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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 7:43 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 Robert L. Teichert, Jr. based upon the record established during the conditional use hearing held June 4, 2001. Mr. Brachwitz read the Decision granting conditional use approval of tax parcel #25-3-52.1, 1723 Saw Mill Road, to construct a driveway within steep slopes under provisions of Section 1704 of the West Vincent Township Zoning Ordinance.
A motion was made by Mr. Brachwitz to grant conditional use approval to Robert L. Teichert, Jr. in accordance with the Decision dated June 11, 2001, subject to the Applicant’s compliance with five conditions per the attached document; the motion was seconded by Mrs. Perkins and carried unanimously. The hearing was adjourned at 7:45 p.m.
Conditional Use Hearing: The purpose of the hearing was to take formal action on the conditional use application of Frame Enterprises, Inc. based upon the record established during the conditional use hearing held June 4, 2001. Mr. Miller read the Decision granting conditional use approval of a portion of tax parcel #25-6-33, 1001 Pottstown Pike, located in the PC/LI Zoning District, for sale of landscaping supplies under provisions of Section 1102B.4. and 1102B.11. of the Township Zoning Ordinance.
A motion was made by Mr. Brachwitz to grant conditional use approval to Frame Enterprises, Inc. in accordance with the Decision dated June 11, 2001, subject to the Applicant’s compliance with seven conditions per the attached document; the motion was seconded by Mrs. Perkins and carried unanimously. The hearing adjourned at 7:49 p.m.
Conditional Use Hearing: The purpose of the hearing was to take formal action on the conditional use application of Stephen V. Siana based upon the record established during the conditional use hearing held June 4, 2001. Mrs. Perkins read the Decision granting conditional use approval of tax parcel #25-4-240, 16 Hunt Hill Road, located within the RC Zoning District to maintain fill within steep slopes under provisions of Section 1704B.1.d. and 1704B.2.b. of the West Vincent Township Zoning Ordinance.
A motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to grant conditional use approval to Stephen V. Siana in accordance with the Decision dated June 11, 2001, subject to the Applicant’s compliance with the five conditions per the attached document.
The Applicant stated he does not understand the importance of the last paragraph of the Decision and in particular, the last sentence setting legal position as follows: The Board notes that Section 1704 of the Zoning Ordinance is here involved because the fill in question has been placed on a steep slope, not because the fill itself exceeds 15% (and in some cases 33%). If this fill had been placed on a flat lot, Section 1704 would not be in play but rather other regulations pertaining to Erosion, Sedimentation Control, and Stormwater Management would be applicable. The Board further notes, and makes part of this Decision, that the subject tract is not exempt from the steep slope provisions of the Zoning Ordinance because MPC Section 508(4)(iv) is inapplicable and because MPC Section 508(4)(ii) is applicable (the steep slope regulations having been enacted more than 5 years after the subdivision plan approval). Solicitor Greenwood indicated that since Mr. Siana raised the MPC issue during testimony reserving the right to make this argument and since Section 1704 is an across the board regulation applying to this lot, as it does to all lots, and does not adversely impact the sale of the lots in the subdivision, the paragraph was made part of the Decision. The Applicant noted that in accepting the conditions set forth in the Decision he agrees to comply with Section 1704.
Solicitor Greenwood recommended that in addition to the Applicant’s signature, the equitable owner should sign and accept the conditions, which would confirm he is aware the agreement is legally binding. Mr. Siana stated that the equitable owner found the Decision acceptable and he prefers the equitable owner not have co-applicant status; it was noted that the Decision applies solely to this parcel of ground and has no precedential impact on any other parcel of ground.
Upon completion of discussions between the Township Solicitor and Applicant, Board members unanimously approved the motion on the floor and the hearing was adjourned at 8:40 p.m.
Continuation of Regular Meeting: The regular meeting was called to order at 8:41 p.m.
Minutes: Unanimous approval was granted for minutes of May 7, 14, 21, and 29 with a motion from Mr. Brachwitz and second from Mrs. Perkins.
Reports: Treasurer’s Report – The following May 31, 2001 account balances were reported: General Fund Balance, $135,695.99; State Fund, $97,964.25; Kimberton Sewer Fund, $18,645.06; Township Building Loan Fund, $712,939.69; St. Stephens Greene Sewer Fund, $23,250.51; and St. Stephens Greene Water Fund, $23,936.43. Police Report – Police Chief Karl Jones reported that the Police Department responded to 50 calls in May (State Police responded to 32 additional calls). The Department investigated theft of a mailbox and several traffic incidents; conducted traffic details on various roadways within the Township; assisted neighboring Police Departments; and received AED, CPR, and First Aid training. Solicitor’s Report – Solicitor Greenwood reported working on the Signal Service Contract, Horseshoe Farms stormwater easement, and Laymen’s Declaration of Covenants and reviewing the Grading Ordinance.
Correspondence: Correspondence was received from GEYA requesting use of the Township Park soccer and baseball fields for the Fall 2001 season; Manager Heist will contact Coventry League regarding their fall sports schedule.
Information was received from the Chester County Health Department regarding West Nile Virus, which will be included in the June newsletter; pamphlets are available at the Township Office or residents may visit the County web site at www.chesco.org/health/westnile.htm for more detailed information.
The Rotary Club of Central Chester County requested the Township’s support with the placement of an advertisement in the Rotary Journal Supplement to the Daily Local News; Messrs. Miller and Brachwitz were not interested in participating.
PECO Energy’s Vegetation Management Department has scheduled maintenance tree trimming in the West Vincent Township area starting in July to be performed by Asplundh.
Mrs. Perkins mentioned that the Township recently accepted and displayed in the meeting room a print of the Birchrunville General Store donated by artist Alex Derkas.
Subdivision/Land Development/Zoning: The Board unanimously acknowledged receipt of a preliminary/final land development plan for a 2.56 acre site located at 939 Pottstown Pike owned by 939 Pottstown Pike Associates, Inc. upon a motion from Mr. Brachwitz and second from Mrs. Perkins. The project involves the renovation of an existing commercial building (Wendt Dunnington) to a professional office building with parking, access drives, and stormwater management structures; the plan will be sent out for review.
A motion was made by Mr. Miller to adopt Resolution 13-2001, a resolution for plan revision for new land development and submitting to DEP for its approval the Sewage Facilities Planning Module for Lot 22 Cotswold Estates; the motion was seconded by Mr. Brachwitz and carried unanimously.
Solicitor Greenwood reviewed Resolution 14-2001, which supports the adopted Ordinance No. 109 of 2001 authorizing the removal and impounding of illegally parked vehicles during snow emergencies. A motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to adopt Resolution 14-2001 designating approved towing and storage facilities for the removal and storage of impounded vehicles and establishing charges for the towing and storage of any vehicle removed and impounded; the motion carried unanimously. Manager Heist will send notification to the approved towing and storage facilities regarding the need to submit certificates of insurance.
Manager Heist reviewed with Board members the proposed Black Horse Road PSW Pump Station and emergency generator plan located in Upper Uwchlan Township.
Old Business: Manager Heist will contact Signal Service, Inc. regarding Solicitor Greenwood’s addendum to the Traffic Signal Maintenance Contract; the issue was tabled until the June 25th agenda.
Concerning the closing of the Flowing Springs Road Bridge, Betty Titone expressed her dismay regarding the projected time frame for completion of the bridge project and resulting inconvenience to residents. To date, bidding procedures for a bridge engineering firm have been completed and Klein & Hoffman contracted, FEMA and PEMA inspections and grant application approvals are complete, and necessary permit applications have been forwarded to DEP; the project is expected to be completed in one year.
Mary Bradley, Vice President of Uwchlan Ambulance Corps was present to report on service activities to West Vincent Township residents – 42 calls year to date with an average response time to the scene of 13.6 minutes. A substation in Upper Uwchlan Township is being considered. The Board thanked and commended the Corps members for the service provided to the community.
Correspondence was received from Goodwill Ambulance of Pottstown advising that an Advanced Life Support unit will be placed in South Coventry to provide better emergency care to the surrounding communities and requesting a letter of support. Manager Heist will contact Goodwill Ambulance and the three ambulance companies, which currently serve West Vincent Township, to discuss emergency services.
Business from the Floor: Resident Joe Vasile asked if the Board has considered implementation of traffic impact fees; the Board looked into the Act 209 Transportation Study requirement and found the comprehensive road improvement plan and study to be cost prohibitive (in excess of $80,000) for rural roadways when compared to the proportional share of impact fees levied.
Mrs. Perkins reported on a recent meeting with Robert Cordivari of the Chesmont Astronomical Society, Stan Stubbe, and State Representative Curt Schroeder to discuss a lighting ordinance relating to a proposed observatory site on the grounds of the Welkinweir property. The issue is on the June 25th meeting agenda.
Thoma Johnson questioned the parking of a grader on the Hall property, Birchrun Road; it appears PennDOT is storing the grader on the site in preparation for road maintenance on Birchrun and St. Matthews Roads.
Solicitor Greenwood requested an executive session immediately following the regular meeting to discuss the offer of dedication of the Wetherill Estates water system and improvements.
Bills List: Mr. Brachwitz made a motion to pay the bills on the Bills List dated June 11, 2001; it was seconded by Mrs. Perkins and carried unanimously.
There being no further business, Mr. Brachwitz moved that meeting be adjourned; the motion was seconded by Mrs. Perkins and the meeting adjourned at 9:18 p.m.
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