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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 7:44 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: A conditional use hearing for Hoffman and Levin Partnership 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 Hoffman and Levin Partnership property. The applicants desire to use their property (Tax Parcel 25-6-36) located at 915 Pottstown Pike (former Sunrise Restaurant) in the PC/LI Zoning District for a Veterinary Hospital under Section 1102B.9 of the Township Zoning Ordinance.
Solicitor Greenwood submitted the following exhibits into the record:
B-1 Proof of Publication B-2 List of property owners within 500’ of the proposed use B-3 Memorandum of notification to property owners within 500’ of the proposed use B-4 Chester County Planning Commission review letter dated June 15, 2001 B-5 Memorandum from Robert Wideman, Zoning Officer, dated June 19, 2001 B-6 Environmental Advisory Council meeting minutes dated June 6, 2001 B-7 Notification of the Zoning Hearing Board Decision from Patrick C. O’Donnell dated June 22, 2001
Solicitor Greenwood asked if anyone present would like to enter an appearance as party to the proceeding; there was no response.
Attorney Andrew Bellwoar, representing Drs. Hoffman and Levin, submitted for the record Exhibit A-1, a Plan of the proposed Ludwigs Corner Veterinary Hospital, dated June 20, 2001 and Exhibit A-2, an Application for Conditional Use. The applicants propose to move the Ludwigs Corner Veterinary Hospital from 298 Black Horse Road to 915 Pottstown Pike; the existing building will be renovated, with no change to the 5018 sq. ft. building footprint. The West Vincent Township Zoning Hearing Board unanimously granted a variance from the provisions of Section 1102B.9.d. with respect to the 100 foot required set-back on the side and rear property lines and the planting of evergreen screening required in a building where animals are kept overnight.
Exhibit A-3, the agreement of sale on the property and Exhibit A-4, the veterinary license, were submitted for the record. Testimony was given by Dr. Peter S. Levin concerning the proposed use - animals may be housed overnight as part of treatment; no animals will be housed outside the Hospital; animal waste will be removed on a weekly basis by the service currently contracted; the maximum number of animals present in the building shall not exceed twenty; rooms/floors will be cleaned with a disinfectant at least daily; and the veterinary practice intends to comply with all applicable laws, rules or regulations imposed by the State, County, Township, and any other governing organization. Exhibit A-5, consisting of letters of support from the immediate adjoining neighbors, as well as other nearby neighbors was submitted for the record.
Manager Heist and Mr. Miller asked questions seeking clarification of the evidence presented regarding the size comparison between the Black Horse Road facility and 915 Pottstown Pike (double); the projected use for the Black Horse Road facility (undetermined); and the plans for the existing internally lit sign (the existing sign will be removed and a replacement sign will comply with zoning regulations).
Testimony was given by Jeffrey L. Grogan, architect, concerning the proposed renovations – there will be no change in the building footprint and a new block wall with insulation is proposed on the south side of the building – and Mr. Grogan ensured that the application meets the standards set in Section 2711C of the Township Zoning Ordinance for review of a proposed conditional use. Mr. Brachwitz questioned the number of exam rooms proposed (four) and any changes in the existing parking lot of 63 spaces and 3 A.D.A. spaces (no changes proposed).
Exhibits A1-A5 and B1-B7 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 Mrs. Perkins to grant conditional use approval to Hoffman and Levin Partnership as described in the application and testimony presented and subject to the Applicants’ compliance with the following three conditions:
1. The existing internally lit sign shall be removed. Installation of a new sign shall comply with Section 2204 of the Township Zoning Ordinance. 2. The Applicants shall comply with all applicable laws, rules or regulations imposed by the State, County, Township, and any other governing organization as testified. 3. This decision shall be accepted by the applicants within thirty (30) days of the date hereof, failing which the application shall be deemed denied by the Board of Supervisors as lacking compliance with the provisions of Section 1102B.9. of the Township Zoning Ordinance.
The motion was seconded by Mr. Brachwitz and carried unanimously. The hearing was adjourned at 8:05 p.m.
Continuation of Regular Meeting: The regular meeting was called to order 8:06 p.m.
Correspondence: The Chester County Health Department will acknowledge the first annual National HIV Testing Day by providing free counseling and testing services. For more information on testing sites in Chester County you may call the Department at 1-800-692-1100 ext. 6254.
Subdivisions/Land Development/Zoning: Richard Guarini, representing The Hankin Group, Elizabeth Witmer, Esquire, and Neal Fisher of E. B. Walsh and Associates were present to discuss probable conditions for preliminary approval of the Weatherstone Preliminary Subdivision Plan. Prior to discussion, Solicitor Greenwood advised the Board that The Hankin Group’s request for preliminary approval was postponed until the July 9, 2001 regular meeting and a Subdivision Extension Agreement to July 10, 2001 was submitted with the notation that “this extension is contingent on discussion of all conditions of approval at the 6-25-01 Board of Supervisors meeting”. Mr. Brachwitz questioned the word “all” conditions, which was clarified as “a good faith effort”. The Board unanimously acknowledged receipt of a subdivision extension agreement for the Weatherstone Subdivision Plan extending review time to July 10, 2001 upon a motion from Mrs. Perkins and second from Mr. Brachwitz.
The Planning Commission recommended granting preliminary plan approval “conditioned on the comments from the Castle Valley Consultants, Inc. and Gannett Fleming memorandums dated June 21, 2001 as modified by the Planning Commission’s discussion regarding the pedestrian/ equestrian trail, Fellowship Road and Westover Lane improvements, and the connector road”.
Mr. Guarini, Ms. Witmer, and Board members reviewed and discussed Castle Valley Consultants, Inc. memorandum dated June 21, 2001 for probable conditions associated with preliminary plan approval as follows:
The Upper Uwchlan lots will be conveyed to the West Vincent Land Trust when the final plan is approved and signed. The Applicant will dedicate Open Space Areas A, B, and C to the Township when improvements are completed and the Township is willing to accept dedication.
Resident Jane Gaffer requested that Westover Lane and Fellowship Road remain narrow rural roadways to help reduce speeding; Westover Lane is not proposed to be widen and Fellowship Road will be widen up to 20’ per the Conditional Use Order.
Based on discussion and review of Castle Valley Consultants, Inc. memorandum, Solicitor Greenwood will draft preliminary plan approval conditions for the July 9th Board meeting. The applicant will complete plan revisions prior to July 9th and since the settlement stipulation has not been executed by the Court, Ms. Witmer will contact Judge Shenkin prior to the next meeting.
A meeting was held at PennDOT’s District Office on Monday, June 18, 2001 to discuss the coordination of the Weatherstone roadway improvements and PennDOT’s paving projects for Route 100 from Park Road to Prizer Road and for Birchrun Road. The Hankin Group and PennDOT considered the possibility of widening Birchrun Road to 24’ along the frontage of the Weatherstone development; the Board voiced their opposition to the widening of Birchrun Road.
The Board unanimously acknowledged receipt of a subdivision extension agreement for The Hankin Tract By-Right Subdivision Plan extending review time to July 31, 2001 upon a motion from Mr. Brachwitz and second from Mrs. Perkins.
Toll Brothers, Inc. and Orleans Homebuilders, Inc. have submitted an application for subdivision of the Ewing Tract consisting of 380 acres (Tax Parcels 25-10-2, 25-10-4, 25-10-5, 25-10-6, 25-10-7, and 25-10-9) in the R3 Zoning District located in the vicinity of South Chester Springs Road and Eagle Farms Road; the plan shows 226 single family detached units, 92 single family attached units (townhouses), one existing home, and two lots (18.8 and 10 acres). Public water and spray and/or drip irrigation sewage system are proposed. Mr. Miller stated that he would be abstaining in issues regarding the Ewing Tract due to possible appearance of conflict of interest. A motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to acknowledge receipt of the Toll Brothers, Inc./Orleans Homebuilders, Inc. Preliminary Subdivision Plan. The motion carried with Brachwitz and Perkins voting in favor; Miller abstained.
The review of proposed Zoning Ordinance and Subdivision and Land Development Ordinance amendments was tabled until the July 9, 2001 regular meeting.
Old Business: Correspondence was received from Klein and Hoffman, Inc. stating that the preliminary cost opinion for the recommended Flowing Springs Road Bridge repairs is estimated at $78,000. Preliminary repair drawings and permit application letter were submitted to PA DEP on June 8, 2001. Documents will be submitted to the Chester County Conservation District and the PA Historic and Museum Commission for regulatory approval. Manager Heist will contact PA DEP regarding the status of Klein and Hoffman, Inc.’s submission.
Mrs. Perkins asked for clarification on the Birchrunville Historic District. The Birchrunville Historic District is recognized on the Historic Resources Map included in the Township Zoning Ordinance but is not designated as a zoning district nor a district which would necessitate establishing a H.A.R.B. and imposing restrictions on individual property owners. The Board of Supervisors supported nominations to the PA Historical and Museum Commission. Properties contributing to National Register districts receive consideration during the review of federal projects and may qualify for historic preservation tax credits or other assistance when available.
Manager Heist will contact Signal Service, Inc. regarding the status of Solicitor Greenwood’s comments pertaining to the Traffic Signal Maintenance Contract.
Board members are considering an open space referendum on the November ballot and will discuss the issue with the West Vincent Land Trust on July 10th at 5 p.m.
Clare Quinn reported that French and Pickering Creeks Conservation Trust is sponsoring a workshop on July 25, 2001 at 7 p.m. at the Warwick Township Building; speakers from the Heritage Conservancy, Penn Capitol Advisors, and the County will provide expert advice on the various funding mechanisms for protecting and conserving open space and farmland.
Manager Heist will work on obtaining three proposals from building design consultants to re-evaluate and modify the Township Building Project Plans for the Evans property within budget requirements.
Mrs. Perkins reviewed a copy of the West Vincent Land Trust’s new brochure entitled, “Conserving Your Land”, including pamphlets on “Limited Development and Conservation Subdivision”, “Donating your Land”, “Selling your Land”, and “Conservation Easements”. Copies are available to residents upon request.
New Business: A resident residing on Brighton Way has requested installation of a “No Outlet” sign at the entrance of the cul-de-sac roadway; the request was tabled.
The Township Office and Supervisors have been receiving complaints from residents regarding the “stuffing” of mailboxes with information pertaining to the Senn Conditional Use Hearings in Upper Uwchlan Township; residents are reminded that this activity is a federal offense.
An annual liability loss control survey was submitted by PIRMA, the Township’s insurance provider; PIRMA recommended the diesel tank located next to the Township garage should be protected from being struck and the area around the fuel tank should be diked to contain the contents from a leak or rupture in the tank.
A Black Horse Road resident has requested dust suppressant on the roadway; Jason Phillips, also a Black Horse Road resident, informed the Board that there is no need for application at this time.
Mrs. Perkins reported that Mike Jugan has requested mowing the banks along Kimberton Road; the road crew will be notified. Mr. Brachwitz indicated that the intersection of Flowing Springs Road and St. Matthews Road also needs mowing; PennDOT will be notified.
Business from the Floor: Jane Gaffer voiced her objection to the word “improvements” being used when discussing potential development within the Township, noting that improvement implies something positive. When discussing the development of farmland, “construction elements” or “infrastructure” seems to be more appropriate language.
Bills List: Mr. Brachwitz made a motion to pay the bills on the Bills List dated June 25, 2001; it was seconded by Mrs. Perkins and carried unanimously.
Solicitor Greenwood announced an executive session would be held following the meeting to discuss potential litigation matters pertaining to Hunt Hill Road improvements.
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 10:15 p.m.
Respectfully Submitted,
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