WEST VINCENT TOWNSHIP
BOARD OF SUPERVISORS
MINUTES -- MONDAY, AUGUST 27, 2001
|
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, and Jane Opie, court reporter. Conditional Use Hearing: A conditional use hearing for Richard F. Duffield 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 Duffield property. The applicant desires to construct driveways, storm water management facilities, and cuts/fills in a precautionary slope district on his property (Tax Parcel 25-4-115) located at 1989 Beaver Hill Road in the R3 Zoning District. Solicitor Greenwood submitted the following exhibits into the record:
B-2 Notification to Property Owners within 500’ of the proposed project B-3 Chester County Planning Commission review letter dated August 9, 2001 B-4 West Vincent Planning Commission Meeting Minutes dated August 16, 2001 Solicitor Greenwood asked if anyone present would like to enter an appearance as party to the proceeding; the following entries of appearance were filed:
The Board confirmed party status in the conditional use proceeding for the five persons who entered their appearance. Alan V. Vaskas, Esquire, representing Richard Duffield, submitted for the record Exhibit A-1, Application for Conditional Use, and Exhibit A-2, Sheet 6 “Improvements Construction Plan” of the Duffield Subdivision Plan and presented the first witness, Peter Cokonis, Commonwealth Engineers, Inc. of Uwchland. Mr. Cokonis provided testimony concerning the revised “Sheet 6” Duffield Plan, which reflects recommendations submitted by Code Enforcement Officer Robert Wideman. Mr. Duffield is proposing to develop his approximately twelve-acre tract at 1989 Beaver Hill Road into four residential lots; one lot contains an existing single-family dwelling. Lot sizes range from two to three plus acres and each will be serviced by an individual on-lot sewage disposal system and well. The site consists of mowed lawn, woods, a ridge running perpendicular to Beaver Hill Road, and an unnamed tributary of the French Creek. The common driveway, individual driveways, storm water management facilities, and grading for the proposed subdivision requires excavation and construction on precautionary (15-25 percent) slopes; disturbance will comply with Township Codes and Best Management Practices will be used for stormwater control. Mr. Cokonis indicated that the Chester County Conservation District found the Erosion & Sedimentation Control Plan adequate. Mr. Vaskas also submitted for the record the following exhibits:
Upon completion of testimony, the Board of Supervisors asked questions seeking clarification to the evidence presented regarding driveway width, vertical slope, erosion and sedimentation plans, stabilization of slopes, rental unit, and greenway provisions. Solicitor Greenwood submitted into the record Exhibit B-5, a memorandum from Robert Wideman dated August 27, 2001. Parties Joyce Douglas, David Steward, Doris Steward, Robert Herbertson, and Carol Herbertson cross-examined the witness and gave testimony concerning the stone roof drain drywells for each proposed home, stone infiltration trenches, drainage issues, impact upon existing wells, potential pollution, removal of mature trees, the floodplain area along the southern border of the property, accessory building in the front yard, and the Texas Eastern underground pipeline. Mr. Steward submitted into the record Exhibit Steward-1, a letter written by David and Doris Steward received by the Township on August 22, 2001. Re-direct testimony was given by Peter Cokonis regarding the storm water management plan, erosion and sediment pollution control plan, grades not to exceed 33%, site stabilization consisting of vegetative cover as required by the Conservation District, the removal of trees limited to the area shown on the conservation plan, and the rental unit being converted to a non-dwelling unit when the proposed single family dwelling on Lot 4 is built and occupied. Mr. Vaskas concluded in stating that the proposal keeps with the character of the surrounding area and will not adversely affect the health, safety, or general welfare of the Township. Exhibits B-1 through B-5, A-1 through A-8, and Steward-1 were admitted into evidence and since there was no further testimony or questions, the evidentiary portion of the record was closed. The conditional use hearing in connection with the application of Richard F. Duffield will continue on Monday, September 10, 2001 at 7:30 p.m. at the West Vincent Township Building. The hearing adjourned at 9:28 p.m. Continuation of Regular Meeting: The regular meeting was called to order at 9:33 p.m. Correspondence: Correspondence was received from Charles Moir on behalf of St. Matthews Lutheran Church requesting the use of the Township Park facility on September 22, 2001 from 3:00 p.m. to 8:00 p.m. A motion was made by Chairman Miller, seconded by Mr. Brachwitz, to approve St. Matthews Lutheran Church’s request to use the Township Park on September 22nd upon the Township Staff’s verification that there is no conflict with any other group; the motion carried unanimously. A motion was made by Mrs. Perkins to waive the rodent certification requirement for shed demolition on the St. Matthews United Church of Christ property; the motion was seconded by Mr. Brachwitz and carried unanimously. Correspondence was received from the Chester County Department of Emergency Services advising of the upcoming Limerick 2001 Exercise to be conducted on Thursday, November 1st beginning late afternoon and continuing until approximately 10:00 p.m. Mrs. Perkins mentioned that notification was received regarding a conditional use hearing to be held Wednesday, August 29th pertaining to the Senn property in Upper Uwchlan Township; Mr. Miller will plan to attend the hearing since Mrs. Perkins will be attending a previously scheduled Regional Planning Meeting in East Pikeland Township. Subdivisions/Land Development/Zoning: Solicitor Greenwood advised that the Matlock Family Trust Subdivision Agreement is acceptable to Mr. Matlock in its present form and that Jerry Miller of Hopkins & Scott has authority to act on Mr. Matlock’s behalf in matters relating to the subdivision application. Mr. Miller plans to submit revised plans reflecting a typo correction on Note #1 (702.D.2) and revision to Note #21 stating that Chester County Conservation District approval will be required prior to the issuance of any building permit. Mr. Brachwitz moved that the nine-lot subdivision application of the Matlock Family Trust regarding land located at the northeastern corner of the intersection of Flint and Old Kimberton Roads be approved subject to the terms and conditions of the attached Matlock Subdivision Agreement having an effective date of August 27, 2001 and that Kenneth I. Miller, Chairman of the West Vincent Township Board of Supervisors is hereby authorized to execute the said agreement on behalf of the Township. The Matlock Family Trust accepts as conditions of the nine-lot subdivision at the corner of Kimberton and Flint Roads final subdivision approval the following:
The motion was seconded by Mrs. Perkins and carried unanimously. Using the standard in Section 615 of the Zoning Ordinance, Mr. Matlock has donated $19,659.00 in lieu of setting aside greenway lands. The money will be deposited into the General Fund PLGIT account, ear-marked for open space; the Board will set up formal use procedures at a later date. Correspondence was received from Berman Building Contractors, Inc. advising of the developer’s status of Matthews Meadows dedication punchlist items and timeline to complete the unfinished work; the Township Engineer will submit a report to the Board for the September 10th meeting. The Board unanimously acknowledged receipt of a subdivision extension agreement for 939 Pottstown Pike extending review time to November 12, 2001 upon a motion from Mr. Brachwitz and second from Mrs. Perkins. Solicitor Greenwood has completed the revised Sheeder Mill-Hunt Hill Road Escrow and Development Agreement to the satisfaction of all parties involved. Upon receipt of the Letter of Credit from Downingtown National Bank, assurance can be given to Mr. Trollier (the potential buyer of 16 Hunt Hill Road) that the escrow agreement impediment to the issuance of a building permit has been removed. Mr. Brachwitz moved that the Board of Supervisors authorize Kenneth I. Miller to execute and acknowledge the Sheeder Mill Subdivision Escrow and Development Agreement and authorize the Solicitor to advise the attorney for James Trollier that the Township is now satisfied regarding the escrow for improvements and will not withhold issuance of a building permit for this reason. The motion was seconded by Mrs. Perkins and carried unanimously. Correspondence was received from Southdown Homes advising that the developer and builder of Wetherill Estates have met the requirements of the “Dedication of the Public Improvements” document with a few minor exceptions, which may be resolved during the 18-month maintenance period secured by their Maintenance Bond. The Board authorized the Township Engineer to provide a status report for their September 10th meeting. Michael Harrington, President of the Wetherill Estates Homeowners Association, was present and indicated that the H.O.A. instituted a water usage restriction after being notified by the well and water contractor that the holding tank level dropped 25% over a two week period due to excessive water usage and lack of rain. The Homeowners Association requested that the auxiliary well be connected to the water tank prior to dedication. An application to the Zoning Hearing Board was received from Toll Brothers, Inc. & Orleans Homebuilders, Inc. for special exception pursuant to the terms of Sections 1704.C.5 and 1609.B.1 of the Township Zoning Ordinance. The applicant requests relief to permit streets in areas of precautionary slope and the placement of public utilities and facilities within the Flood Plain Conservation District. The hearing will be held Wednesday, September 19, 2001 at 7:00 p.m. at the Township Building. The Zoning Hearing Board questioned the procedure for handling incomplete Zoning Hearing Board applications; if items are unable to be presented to the Board prior to the hearing, a continuance will be requested by the Board until all items required are able to be submitted. The Board acknowledged receipt of a conditional use application from Toll Brothers, Inc. & Orleans Homebuilders, Inc. to construct cuts and fills in areas of precautionary slopes on the Ewing Property, Eagle Farms and Chester Springs Roads, as permitted under Section 1704.B.1.d. of the Township Zoning Ordinance. The hearing will be held Monday, October 15, 2001 at 7:30 p.m. at the Township Building. A modified agreement for subdivision review extension to November 21, 2001 for the Ewing Tract was received. Since review time does not expire prior to the September 10th Board meeting, Fronefield Crawford, Planning Solicitor, will advise Toll Brothers, Inc. the agreement is not acceptable as modified and request execution of a subdivision extension agreement prior to September 10, 2001. Solicitor Greenwood reviewed the Horseshoe Farms Deed of Dedication and Deed of Easement Resolutions with the Board. A motion was made by Mr. Brachwitz to adopt Resolution 15-2001, accepting dedication of Houndstooth Lane, Houndstooth Circle, and a portion of roadway to be added to the Township road known as Horseshoe Trail upon satisfaction of the following conditions:
The motion was seconded by Mrs. Perkins and carried unanimously. Mr. Brachwitz moved to adopt Resolution 16-2001, accepting and recording the Horseshoe Farms Subdivision Deed of Easement subject to the following conditions:
The motion was seconded by Mrs. Perkins and carried unanimously. Old Business: Discussion on revisions to the employee manual and the Zoning Ordinance as it applies to real estate signs was tabled until the September 10th meeting. New Business: A motion was made by Mr. Brachwitz to authorize the Solicitor to advertise for adoption Ordinance No. 110-2001, reducing the size of the membership of the West Vincent Township Planning Commission from seven to five members. Jason Phillips questioned reducing the membership and suggested leaving the two positions vacant until members could be appointed. The Board indicated that this was a “housekeeping” issue - member positions have been vacant for years; in addition, the commission seems to function best at five members in regards to attendance and decision-making. The motion was seconded by Mrs. Perkins and carried unanimously. Mr. Brachwitz moved to approve Ludwigs Corner Fire Company’s request to attend the Norco Fire Company parade September 8, 2001 and Chester County Public Awareness Day in West Chester on September 22, 2001; the motion was seconded by Mrs. Perkins and carried unanimously. The Board approved Chester Springs Studio’s request to continue participation in the PA Council of the Arts $1000 matching grant program for 2002; this line item will be included in the 2002 Budget. Business from the Floor: Jason Phillips thanked the Board for taking the time to attend the Senn Conditional Use Hearing in Upper Uwchlan Township. Bills List: Mr. Brachwitz made a motion to pay the bills on the Bills List dated August 27, 2001; it was seconded by Mrs. Perkins 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 10:22 p.m. Respectfully Submitted,
|
||||||||||||