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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 7:38 p.m.; others in attendance were Supervisor Zoë Perkins, Township Manager Allen Heist, Township Solicitor Allan Greenwood, and Jane Opie, court reporter. Conditional Use Hearing: A conditional use hearing for James C. Watson was called to order at 7:40 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 Watson property. The applicant seeks conditional use approval to backfill and grade a steep slope in connection with a new home construction located at 508 Black Horse Road (Tax Parcel 25-7-18.1C) in the R2 Zoning District.
Solicitor Greenwood submitted the following exhibits into the record:
B-1 Proof of Publication B-2 Notification to Property Owners within 500’ of the proposed project B-3 Memorandum from Code Enforcement Officer Robert Wideman dated September 24, 2001 B-4 Chester County Planning Commission review letter dated September 19, 2001 B-5 West Vincent Planning Commission Meeting Minutes dated August 16, 2001 B-6 West Vincent Planning Commission Meeting Minutes dated September 20, 2001
Solicitor Greenwood asked if anyone present would like to enter an appearance as party to the proceedings. Mrs. Jody F. Dinnell, 457 Black Horse Road, Chester Springs, PA 19425 filed an entry of appearance and party status was confirmed by the Board.
Peter Cokonis of Commonwealth Engineers, Inc., representing James Watson, submitted for the record the following exhibits:
A-1 Conditional Use Application A-2 Cover Letter and 11"x17" Plan entitled, "Lot 4 Conditional Use Plan" prepared by Commonwealth Engineers, Inc. and dated September 13, 2001 A-3 George E. Borst Estate Subdivision Plan dated 11/20/98 and last revised 3/4/99 A-4 Lot 4 (508 Black Horse Road) Conditional Use Plan
Mr. Cokonis advised the Board that Mr. Watson was not aware of the conditional use application requirements prior to driveway construction and grading/earth disturbance within the steep slope conservation district on the subject lot; this hearing came about as a result of an enforcement action. Commonwealth Engineers, Inc. subsequently has prepared a grading plan showing the constructed driveway, house, well, septic, a proposed second driveway, and two stone seepage beds designed for the property. Silt fencing has been installed on the southern end of the lot.
In response to Board questions, James Watson provided testimony concurring to follow recommendations by the West Vincent Township Planning Commission in their minutes of September 20, 2001 and Code Enforcement Officer Robert Wideman in his memorandum to the Board of Supervisors dated September 24, 2001. The Planning Commission’s recommendations pertained to the installation of clean topsoil and sod and the submission of a sod maintenance plan; Robert Wideman’s recommendations concerned the use of "super silt fence" and the method used to install sod on the disturbed slopes. ("The sod must be installed over a minimum of six inches of topsoil with the joints staggered and stapled with a staple pattern and frequency based on industry standards for 3:1 slope.") Three site photographs taken by Robert Wideman were submitted into the record as Exhibit B-7, B-8, and B-9.
Party Jody Dinnell cross-examined the witness seeking clarification on stormwater issues, the additional seepage bed, and grading.
Exhibits B-1 through B-9 and A-1 through A-4 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 James C. Watson as described in the application and testimony presented and subject to the Applicants’ compliance with the following conditions:
The motion was seconded by Mr. Miller and carried unanimously. The hearing was adjourned at 8:08 p.m.
Continuation of Regular Meeting: The regular meeting was called to order at 8:09 p.m.
Bid Opening: As advertised for this date, sealed bids were received and opened for 2001-2002 Snow and Ice Removal as follows:
The advertised equipment bid includes the services of an experienced operator; however, the D&L Fleck bid added a line item entitled "Labor - $30.00/hour". Manager Heist and Roadmaster Miller will review the bids; bid award is scheduled for October 8, 2001.
Correspondence: Chairman Miller read correspondence received from Laura Hardt as follows: "I regret to announce my resignation from the EAC. Thank you for the opportunity to serve West Vincent.".
Correspondence was also received from Steve Trobovic, Bicycle Club of Philadelphia, advising the Board that the road directional markings for the club’s annual ride were blackened out after the event as requested.
Subdivision/Land Development/Zoning: The Board unanimously acknowledged receipt of a preliminary subdivision plan (lot-line change) for the Edwina Upson-Dunworth property, 1534 Pughtown Road (tax parcel #25-5-13.1) for two lots on 9.34 acres in the R2 Zoning District upon a motion by Mrs. Perkins and second by Mr. Miller.
The Board unanimously acknowledged receipt of a preliminary subdivision plan (lot-line change) for Gary and Katherine Spohn, equitable owner/Pauline Davis, owner of 2316 Beaver Hill Road (tax parcel #25-4-95) for two lots on 6.03 acres in the R3 Zoning District upon a motion by Mrs. Perkins and second by Mr. Miller.
An application to the Zoning Hearing Board was received from Andrew and Virginia Koehler, 2358 S. Chester Springs Road, requesting a special exception pursuant to set back restrictions set forth in the Township Zoning Ordinance to upgrade and expand the current residence. The hearing will be held Wednesday, October 17, 2001 at 7 p.m. at the Township Building. Mrs. Perkins indicated that the Toll Brothers, Inc. & Orleans Homebuilders, Inc. hearing was continued to the same evening, October 17th, at 7:30 p.m.
The Board unanimously acknowledged receipt of a subdivision extension agreement for Walter H. Dunning/Oakengates Subdivision extending review time to November 13, 2001 upon a motion from Mrs. Perkins and second from Mr. Miller.
Richard Guarini of The Hankin Group and Elizabeth Witmer, Esquire were present to discuss a schedule for completion of conditions attached to the Weatherstone Preliminary Plan approval resulting in the following:
Solicitor Greenwood updated the Board on Wetherill Estates’ Offer of Dedication and it was moved by Mrs. Perkins that the Castle Valley Consultants, Inc. memo of 9-10-01 as revised by the Castle Valley Consultants, Inc. memo of 9-14-01 be accepted and approved by the Board of Supervisors of West Vincent Township and that the Township Secretary be authorized to send a copy of the Motion and the Castle Valley Consultants, Inc. memoranda together with a copy of the letter of 9-21-01 addressed to the Township Solicitor by the Wetherill Estates Homeowners Association related thereto to Southdown Properties, Inc. by certified mail on 9-25-01. The motion was seconded by Mr. Miller and carried unanimously.
In response to Berman Building Contractors, Inc.’s letter concerning Matthews Meadows schedule to complete outstanding punchlist items, Solicitor Greenwood reported that delays in completion are expected due to equipment failure and prior to the Board taking action, Richard Morton, Esquire has requested an extension to October 8, 2001 to work on these issues and resolve all matters amicably. Correspondence from Mr. Morton stated, "There has been no formal offer of dedication, accordingly, we do not consider any clock running on these issues. Matthews Meadows will not claim any deemed approval under MPC Sec 510(c) as a result of this continuance." As requested, Board action on Matthews Meadows was extended to the October 8th meeting.
Based upon review of comments submitted by Planning Commission Chairman Jim Wendelgass, Solicitor Greenwood will revise the temporary "Pump and Haul" agreement pertaining to the Stonecroft Subdivision for Board action on October 8th; the revised agreement will be forwarded to Birchrun Capital for review.
Unanimous approval was granted for Stonecroft Escrow Release No. 1 in the amount of $15,954.30 upon a motion from Mrs. Perkins and second from Mr. Miller.
A motion was made by Mrs. Perkins, seconded by Mr. Miller to approve the Duffield planning module submission to DEP; the motion carried unanimously.
The Board unanimously acknowledged receipt of a subdivision extension agreement for the Richard Duffield Subdivision extending review time to November 30, 2001 upon a motion from Mrs. Perkins and second from Mr. Miller.
Old Business: Mrs. Perkins moved to authorize Klein and Hoffman, Inc. to advertise the rehabilitation of the Flowing Springs Road Bridge bid pending changes or revisions based on PEMA’s and Robert Wideman’s review of bid documentation; the motion was seconded by Mr. Miller and carried unanimously.
The Board has received a proposal from C. Raymond Davis & Sons, Inc. for analysis services relating to the proposed Township Building plans. Manager Heist will contact C. Raymond Davis for clarification of the asterisk under "Step Two - Value Engineering Report" and an estimated time frame to review findings. Solicitor Greenwood will submit an opinion regarding C. Raymond Davis & Sons, Inc. reserving the right to build. The issue was tabled until the October 8, 2001 meeting.
A motion was made by Mrs. Perkins to adopt Ordinance No 110-2001, amending an existing West Vincent Township Ordinance by reducing the size of the membership of the West Vincent Township Planning Commission from seven to five members. The motion was seconded by Mr. Miller and carried unanimously.
Local Police Chiefs are requesting $2500 from each participating Township in anticipation of grant monies for establishing a Centralized Booking Center for prisoner processing; the money will be reimbursed upon receipt of the grant. Mrs. Perkins moved to authorize the sending of $2500 for the Centralized Booking Center until funding is secured; the motion was seconded by Mr. Miller and carried unanimously.
A motion was made by Mrs. Perkins to approve the purchase of two polyethylene backboards and support posts for the Township Park with Sportsplay at a cost of $1,750.00 as specified by Robert Wideman in his memorandum dated September 20, 2001 with installation provided by the Road Crew. The motion was seconded by Mr. Miller and carried unanimously.
New Business: Mrs. Perkins moved to approve and forward the 2002 Minimum Municipal Obligation for the West Vincent Township Police Pension Plan in the estimated amount of $7,318 to Pennsylvania Municipal Retirement System. The motion was seconded by Mr. Miller and carried unanimously.
Three proposals were received for the Phase III Township Park Landscaping Plan as follows:
Shemin Nurseries, Inc. $ 7,765.75 Gardner’s Landscape Nursery $ 8,728.45 Behmeewald Nurseries $10,391.00
Mrs. Perkins moved to accept the Shemin Nurseries, Inc. proposal in the amount of $7,765.75 for Phase III Township Park Landscaping; the motion was seconded by Mr. Miller and carried unanimously.
The Road Crew has received complaints from parents regarding children touching an electric fence located on a property adjacent to the Township Park. Warning signs are posted on the adjacent property; the complaints seem to be a parental supervision issue.
Solicitor Greenwood will review two different Earned Income Tax amendment ordinances to address collecting earned income tax from non-residents working in West Vincent Township.
Manager Heist will contact vendors and obtain audio equipment proposals for the meeting room.
Horseshoe Trail will be closed between Fellowship Road and Davis Lane on October 1-3 for drainage work. The Road Crew will post notification and detour signage. The Board was asked to consider paving Jaine Lane from Horseshoe Trail to the crest of the hill; the issue was tabled to 2002 Budget discussions. Mr. Miller indicated that no roads would be paved in 2001 due to the Flowing Springs Road Bridge repair; any road maintenance monies not spent on the bridge this year will be added to the 2002 road budget.
An executive session will be held immediately following the regular meeting to discuss litigation matters pertaining to Cooks Glen Road and personnel matters pertaining to the Police Department.
Bills List: Mrs. Perkins made a motion to pay the bills on the Bills List dated September 24, 2001; it was seconded by Mr. Miller and carried unanimously.
There being no further business, Mrs. Perkins moved that the meeting be adjourned; the motion was seconded by Mr. Miller and the meeting adjourned at 9:58 p.m.
Respectfully Submitted,
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