WEST VINCENT TOWNSHIP
BOARD OF SUPERVISORS

MINUTES -- NOVEMBER 19, 2001

CONDITIONAL USE HEARING

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:

 B-1 Proof of Publication
B-2Affidavit of Service - Posting of Conditional Use Hearing Notice
B-3Notification of Property Owners within 500' of the Ewing Tract
B-4Chester County Planning Commission Review Letter Dated September 24, 2001
B-5Memorandum from Robert Wideman to W.V. Twp. Planning Commission Dated October 11, 2001
B-6Correspondence from Harry Griendling dated October 14, 2001
B-7Chester County Planning Commission Review Letter Dated October 26, 2001
B-8West Vincent Township Planning Commission Work Session Minutes Dated November 8, 2001

Solicitor Crawford asked if anyone present would like to enter an appearance as party to the proceeding; the following entries of appearance were filed:

 1. Harry Griendling 43 Wyndemere Lake Drive Chester Springs, PA 19425
2.Marie Dobbs302 Lynne PlaceChester Springs, PA 19425
3.Robert McDevitt2665 S. Chester Springs Rd.Chester Springs, PA 19425
4.Paul Kuntz1601 Todd LaneChester Springs, PA 19425

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:

 A-4 Proof of Publication for the November 19, 2001 Public Hearing
A-5Affidavit of Posting
A-6Notification of Hearing to Property Owners within 500' of the Ewing Tract

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:

 

  • Were soil logs prepared? (Yes, and the logs will be made available to the Township)
  • Were auger borings flagged and put on a survey plan? (Borings were flagged but not surveyed. The witness will provide information regarding the boring locations and survey points.) Number of borings? (85-90)
  • An explanation of the process used to prepare mapping. The wetlands boundary was surveyed and approximated boring locations were determined visually. (The witness was certain the building footprints did not overlap with the wetland areas; testing did occur beyond the wetland lines. High Water Table areas were mapped outside the wetland boundaries.) The map key for Exhibit A-12 was reviewed.
  • Wetlands were based on three criteria - vegetative, visual observance of water, and coloration of soil.

 

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.