WEST VINCENT TOWNSHIP
BOARD OF SUPERVISORS
MINUTES -- NOVEMBER 19, 2001
CONDITIONAL USE HEARING
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The second conditional use hearing to consider the
application of Toll Brothers, Inc.
and Orleans Homebuilders, Inc. was
held on the above date at the Township Building. Vice Chairman Karl Brachwitz
called the public hearing to order at 7:35 p.m.; others in attendance were
Supervisor Zoë Perkins, Township Manager Allen Heist, Township Code Enforcement
Officer Robert Wideman, Township Engineer Craig Kologie, Solicitor Fronefield
Crawford, Supervisor-Elect Clare Quinn, Jane Opie, court reporter, and
Louis J. Colagreco Jr., Esquire, representing the applicants. The purpose of the hearing was to take formal action
on the application of a conditional use permitted under Section 1704.B.1.d. of
the West Vincent Township Zoning Ordinance to regrade within certain areas of
precautionary steep slopes, creating areas of cut and fills, in conjunction
with the proposed development of the Ewing Tract, located at Eagle Farms Road
and South Chester Springs Road in the R-3 Zoning District. A letter dated
October 3, 2001 amended the Application to include, in additional to the
approval already requested, a request for relief pursuant to Section 1704.B.2
and Section 2306 of the Township Zoning Ordinance pertaining to construction or
improvements within High Ground Water Areas. The Board submitted the following exhibits for the
record:
Solicitor Crawford 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 four persons who entered their appearances; Mr. Crawford
mentioned that copies of the hearing procedures were available on the table in
the back of the meeting room. Party Harry Griendling indicated that he received a
copy of the Applicant's Exhibit A-1 in today's mail, did not receive a copy of
Exhibit A-2, and requested a continuance of the hearing to allow ample time for
him to review the documents and respond. The Board followed the recommendation
of Solicitor Crawford and proceeded, with the record remaining open at the
close of tonight's hearing. The
Applicant submitted the following exhibits:
Louis J. Colagreco Jr., Esquire reviewed the
application and presented the first witness, Neal J. Camens, a Civil Engineer
with Taylor, Wiseman & Taylor, who identified the location of the Ewing
Tract in West Vincent Township. Mr. Camens' testimony would continued after the
second witness. Mr. Colagreco presented the second witness, Dr.
William Palkovics, a soil scientist with De1Val Soil & Environmental
Consultants, Inc., who gave testimony regarding the mapping and delineation of
high water table areas and the methodology used to define the high water table
areas, which was based on soil profile characteristics. Exhibit A-7, a map prepared
by DelVall Soil & Environmental dated May 23, 2001 entitled, "Plan of
Seasonal High Water Table Soils Detailed Evaluation (West Vincent
Portion)", Exhibit A-8,
three sheets prepared by Taylor, Wiseman & Taylor dated November 19, 2001
entitled, "High Water Table Soils Plan", and Exhibit A-12, a sheet
identifying the eight testing areas (the basis for Exhibit A-2) were
presented for the record. Upon completion of testimony, Robert Wideman, Mrs.
Perkins, Craig Kologie, Solicitor Crawford, Manager Heist, and Mr. Brachwitz
asked questions pertaining to the following issues to seek clarification of the
evidence presented:
Parties Paul Kuntz and Marie Dobbs and Resident George Cochran cross-examined the witness regarding the boring locations, personnel used to conduct testing, the practical value of the information presented, detention basin area, soil suitability for groundwater recharge, and whether the tests indicated the presence of underground springs. Mr. Colagreco presented Neal Camens and using Exhibit A-8, Mr. Camens reviewed the ten areas of encroachment depicted on the plan; each area was identified as proposed construction. Upon completion of testimony, the conditional use hearing in connection with the application of Toll Brothers, Inc. and Orleans Homebuilders, Inc. will resume with the Board asking questions to seek clarification of the evidence presented and cross-examination of the witness on Wednesday, December S, 2001 at 7:30 p.m. at the West Vincent Township Building. It was noted that all exhibits and supplemental material are available for review at the Township Office, Monday through Friday between the hours of 8:30 a.m. to 4:30 p.m. or after business hours by appointment with Mrs. Perkins. The hearing was adjourned at 9:53 p.m. |