West Vincent Township - Meeting Minutes

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 7:30 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 Dr. James W. Trolier 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 Trolier property. The applicant desires to construct a driveway and stormwater management facilities within precautionary and prohibitive steep slopes on his property (Tax Parcel #25-4-240) located on the east side of Hunt Hill Road in the RC Zoning District.

Solicitor Greenwood submitted the following exhibits into the record:

BX-1    Conditional Use Application Submitted October 2, 2001

BX-2    Revised Hydrologic Study and Site Development Plan Dated October 26, 2001

BX-3    Revised Site Development Plan Dated November 14, 2001

BX-4    Proof of Publication

BX-5    Notification of Property Owners within 500' of the Property

BX-6    Chester County Planning Commission Review Letter Dated November 5, 2001

BX-7    West Vincent Township Planning Commission Minutes Dated November 15, 2001

BX-8    Memorandum from Robert Wideman to Board of Supervisors Dated November 21, 2001

Solicitor Greenwood asked if anyone present would like to enter an appearance as party to the proceeding; there was no response.

Christopher P. Luning, Esquire, representing the applicant, indicated that in June the Board granted conditional use approval to maintain fill within steep slopes on the subject property; the application being considered by the Board involves a proposal to construct a driveway, cuts and fills, and stormwater basin in steep slopes in conjunction with the proposed construction of a single-family residence on the 5.694 acre parcel. Mr. Luning presented his first witness, James W. Trolier and submitted for the record Exhibit A-1, Property Deed dated 9-5-01 and Exhibit A-2, Architectural Plan #MSM3120 showing a contemporary style three-bedroom residence. Mr. Trolier described the property as a wooded lot with significant slope and testified he would comply with the terms set forth in the June 11, 2001 Decision pertaining to the conditional use application of Stephen V. Siana.

Mr. Luning presented his second witness, James M. Haigney with Commonwealth Engineers, Inc. and submitted for the record Exhibit A-3, a Site Development Plan last revised 11-26-01. Mr. Haigney reviewed the site development plan and described the existing conditions on the lot as wooded, with a small clearing for an existing fill pile. The house is proposed to be located on the area previously filled and includes an additional cut in order to accommodate the attached garage and driveway approach. The plan proposes regrading the slope along the outer edge of the fill pile to a 2:1 slope and applying erosion control blanket to offer temporary stabilization until a vegetated cover can be established. Since most of the lot is within the Precautionary Slope District, relief is requested for the septic system, cuts and fills, driveway, and stormwater detention basin. Exhibit A-3 addresses the two Chester County Planning Commission comments pertaining to zoning district and addition of a map key to differentiate between precautionary and prohibitive slope areas.

Upon completion of testimony, the Board of Supervisors, Manager Heist and Solicitor Greenwood asked questions seeking clarification of the evidence presented regarding septic system, vegetative cover alternatives, additional grading of the slope along the outer edge of the fill pile, construction time frame, and requested relief within prohibitive slope areas.

Exhibits BX-1 through BX-8 and A-1 through A-3 were admitted into evidence and since there was no further testimony or questions, the evidentiary portion of the record was closed.

The Board indicated a favorable inclination to grant conditional use approval to James W. Trolier as described in the application and testimony presented and subject to the Applicant's compliance with the following conditions:

The recommendations of Code Enforcement Officer Robert Wideman as set forth in his memorandum to the Board of Supervisors dated November 21, 2001.

Stabilization of the 2:1 slope area along the outer edge of the fill pile will be achieved to the satisfaction of Code Enforcement Officer Robert Wideman.

The terms set forth in the June 11, 2001 Decision pertaining to the conditional use application of Stephen V. Siana.

Unless further restricted by this Decision, the use shall comply with the applicable provision of Section 610, Erosion, Sediment Control and Stormwater Management, of the Township Subdivision and Land Development Ordinance.

The subject property shall comply with all other terms and provisions of the Township Zoning Ordinance and with all other applicable regulations.

Actual construction shall be consistent with the plans and exhibits submitted as part of the application and hearing exhibits.

The Decision shall be accepted by the applicant within thirty (30) days of the date of the Decision, failing which the application shall be deemed denied by the Board of Supervisors.

A motion was made by Mr. Brachwitz to render a Decision within 45 days of the hearing and is expected to be rendered during the Administrative Meeting held Monday, December 3, 2001 at the 8:00 a.m. The motion was seconded by Mrs. Perkins and carried unanimously. The hearing was adjourned at 8:27 p.m.

Continuation of Regular Meeting:

The regular meeting was called to order at 8:28 p.m.

Correspondence:

Correspondence was received from George Fasic, Chester County 2020, regarding participation in the "Countryside Exchange" program sponsored by the Glynwood Center of Cold Spring, New York and scheduled for October 2002. Mrs. Perkins will contact Mr. Fasic for additional information.

Subdivision/Land Development/Zoning:

Mrs. Perkins moved to grant final approval of the Edwina Upson-Dunworth Subdivision Plan (lot line change) conditioned upon Form B waiver approval; the motion was seconded by Mr. Brachwitz and carried unanimously.

Mrs. Perkins moved to grant final approval of the Pauline Davis Subdivision Plan (lot line change) conditioned upon Form B waiver approval; the motion was seconded by Mr. Brachwitz and carried unanimously.

An agreement for subdivision review extension to December 27, 2001 for the Duffield Subdivision was acknowledged with a motion from Mr. Brachwitz and second from Mrs. Perkins; the motion carried unanimously.

Agreements for subdivision review extension to January 14, 2002 for the Toll Brothers, Inc./Orlean Homebuilders, Inc. Minor and Major Subdivision Plans were acknowledged with a motion from Mr. Brachwitz and second from Mrs. Perkins. The motion carried with Brachwitz and Perkins voting in favor; Mr. Miller has recused himself from all discussions pertaining to the Ewing Tract.

Mr. Ray Gamble, Toll Brothers, Inc. and Christopher Luning, Esquire were present to discuss design issues and waiver requests pertaining to the Ewing Tract. Mr. Brachwitz and Mrs. Perkins expressed a non-binding favorable inclination to:

grant a waiver from Section 2410 of the Subdivision and Land Development Ordinance requiring an historic resource study, since the historic resources are being retained. It is understood that the buildings will be maintained in generally the same condition, the buildings will not be demolished, and a deed restriction will be prepared to protect the historic resources.

proceed with an inter-municipal sewer agreement based on the concept of sewage treated in the new Upper Uwchlan Township sewage treatment plant and disposed of on-site.

grant a waiver from Section 702.F.5 of the Subdivision and Land Development Ordinance allowing grading of sloping lands of fifteen percent or greater excluding two areas - the lowest point of the relocated Eagle Farms Road and the cul-de-sac in the vicinity of Fellowship Road.

Wyndemere Lake Drive resident Jill Cochran questioned the authenticity and accuracy of the "Analysis of the Visual Impact to West Vincent Township of the Proposed Ewing Property Development" prepared by David C. Babbitt & Associates and accountability if the resulting viewshed is not as depicted. Board members pointed out that the Township Open Space and Recreation Plan protects designated vistas from public roadways; protecting individual property viewsheds throughout the Township would be impossible. The developer is obligated to comply with the final approved subdivision plan and all signed agreements and covenants.

Mr. Gamble agreed to additional landscaping between the proposed homes and Wyndemere Lake Drive (Cotswold Estates) residents; the supplemental tree line will be included on the Landscaping Plan.

The following meetings pertaining to the Toll Brothers, Inc./Orleans Homebuilders, Inc. applications are scheduled: Zoning Hearing Board on Wednesday, November 28^th at 7:00 p.m.; Conditional Use Hearing on Wednesday, December 5^th at 7:30 p.m.; and, Planning Commission Work Session on Thursday, December 13^th at 7:30 p.m.

Unanimous approval was granted for Stonecroft Escrow Release No. 2 in the amount of $193,363.41 upon a motion from Mr. Brachwitz and second from Mrs. Perkins.

Mrs. Perkins moved to accept the tri-party Stonecroft Pump and Haul Agreement among Woodstone Development Company, Inc., First Union National Bank, and West Vincent Township effective November 26, 2001; the motion was seconded by Mr. Brachwitz and carried unanimously.

The Board unanimously acknowledged receipt of a subdivision extension agreement to January 31, 2002 for Weatherstone Subdivision upon a motion from Mr. Brachwitz and second from Mrs. Perkins.

A memorandum was received from Castle Valley Consultants, Inc. advising that the Weatherstone Subdivision Plans submitted meet the conditions for preliminary plan approval established July 9, 2001.

Richard Guarini of The Hankin Group was present to discuss outstanding issues pertaining to the Escrow Agreement for remediation work, trail locations, and Homeowners Association documents. A motion was made by Mrs. Perkins to approve the Escrow Agreement for remediation work upon confirmation that the Certificate of Insurance includes $100,000-$300,00 personal property liability, $1 million per incident, and $2 million aggregate coverage. All parties will execute the agreement and a letter of credit will be forwarded to the Township; the motion was seconded by Mr. Brachwitz and carried unanimously. During the construction phase of the project, Chairman Miller or his representative, will meet with Mr. Guarini to complete the trail layout. Solicitor Greenwood indicated that he is working on the Homeowners Association documentation.

Mrs. Perkins moved to approve forwarding the Martha Williams (Hard Scrabble Farm Lot 4) sewage facilities planning module to PADEP; the motion was seconded by Mr. Brachwitz and carried unanimously.

David Della Porta, equitable owner of the Griffith Tract, has requested the Board to consider extending the Philadelphia Suburban Water Company franchise area to service the Griffith property. A motion was made by Mrs. Perkins authorizing Manager Heist to forward a letter to PSWC supporting the extension of the franchise area to service Tax Parcel No. 25-6-1 (west side of Pottstown Pike) as long as the property is generally developed as presented in sketch form, which includes 216 units plus the existing Griffith Farm lot on approximately 18 acres, 103 acres of open space owned by the Township in perpetuity. The motion was seconded by Mr. Brachwitz and carried unanimously.

Old Business:

Board members reviewed Building Inspector Byron Law's October invoice, which in addition to plan reviews and inspections, included reimbursement for the PA Building Officials Conference in the amount of $1,715.20. Since Byron is an independent consultant (versus employee) payment for this portion of the invoice was denied.

The Flowing Springs Road Culvert (mill raceway) will be on the Monday, December 3^rd administrative meeting agenda; Mr. and Mrs. Ward will be invited to attend.

The Flowing Springs Road Bridge maintenance and repair work bid will be advertised for letting on December 26, 2001 and award January 14, 2002 upon receipt of prevailing wage rates; Mr. Brachwitz suggested a minimum two-year warranty terms.

A motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, to adopt the 2002 Preliminary Budget; the motion carried unanimously.

Chairman Miller asked the status of C. Raymond Davis analysis services related to the Township Building plans; Manager Heist is meeting with their estimator tomorrow.

Solicitor Greenwood reported on the following:

Preparation of the notice to advertise a hearing and adoption of the Zoning Ordinance and Subdivision and Land Development Ordinance amendments for December 26, 2001.

Dedication of Forest Glen Drive for the December 10, 2001 meeting.

Cooks Glen Road litigation matter - Mr. Brachwitz moved to authorize Manager Heist to sign the Road Relocation Agreement for Cook's Glen Road on behalf of the Township in order to accelerate the process; the motion was seconded by Mrs. Perkins and carried unanimously.

An executive session will be held following the regular meeting to discuss real estate matters pertaining to the Griffith Tract.

Discussion on the open space ballot referendum is slated for the January 14, 2002 meeting agenda.

New Business:

A motion was made by Mrs. Perkins to approve Eliza M. March and Beth Ann Troy as Ludwigs Corner Fire Company - Fire Police members upon satisfactory completion of background checks. The motion was seconded by Mr. Brachwitz and carried unanimously.

Bills List:

Mr. Brachwitz made a motion to pay the bills on the Bills List dated November 26, 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 10:12 p.m.

Respectfully Submitted,