WEST VINCENT TOWNSHIP
BOARD OF SUPERVISORS

MINUTES -- JANUARY 28, 2002

Conditional Use Hearing:

The fifth 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 Zoë Perkins called the public hearing to order at 7:35 p.m.; others in attendance were Supervisor Clare Quinn, Township Manager Allen Heist, Township Engineer Craig Kologie, Solicitor Richard Morton, Thomas Corcoran, court reporter, and Louis J. Colagreco Jr., Esquire, representing the applicants. Chairman Kenneth Miller and Township Solicitor Allan Greenwood were in attendance, however were not participating in the conditional use hearing proceedings.

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 and Sections 1704.B.2 and 2306 of the Township Zoning Ordinance pertaining to construction or improvements within High Ground Water Areas, 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.

Solicitor Morton submitted for the record Exhibit HG-3, correspondence dated January 28, 2002 to the West Vincent Township Board of Supervisors from Party Harry Griendling.

Louis J. Colagreco Jr., Esquire submitted for the record Exhibit A-17, a three page plan entitled "Preliminary Stormwater Management Plan" dated January 16, 2002; Exhibit A-18, entitled "Revised Layout for Conditional Use Hearings" dated January 28, 2002; and Exhibit A-19, entitled "Steep Slope Encroachment Sheet", a key chart that corresponds with the numerical notations on Exhibit A-18. Neal Camens, a Civil Engineer with Taylor, Wiseman & Taylor reviewed the revised plan and noted the following:

  • On the eastern side of the tract, the development was moved closer to Eagle Farms Road eliminating the need for retaining walls in certain locations (2A, 2B, and 2C) and causing an overall reduction of cuts and fill.
  • The existing knoll on the western side of the tract has been left undeveloped; one cul-de-sac has been eliminated and modifications were made to the streets creating less step slope encroachment.
  • The high ground water areas are unchanged.
  • The same mitigation techniques will be used for the areas of cuts and fills as testified to in earlier hearings.

Solicitor Morton and Township Engineer Craig Kologie asked questions seeking clarification of the evidence presented. The revised plan shows no disturbance in prohibitive slopes, disturbance in precautionary slopes may be slightly less than 28%, and cuts and fills will not exceed 33%. Township Engineer Craig Kologie reported he has reviewed the revised plan and found it to be consistent with testimony given at the December 17, 2001 hearing.

Exhibits A-17 through A-19 and HG-3 were admitted into evidence and since there was no further testimony, questions, or comments the evidentiary portion of the record was closed.

The conditional use hearing in connection with the application of Toll Brothers, Inc. and Orleans Homebuilders, Inc. was concluded at 7:48 p.m. and the Decision of the Board will be rendered within 45 days.

Public Hearing:

A public hearing regarding an ordinance authorizing a referendum pursuant to the Open Space Lands Acquisition and Preservation Act on the question of the imposition of an additional tax at a specific rate to be imposed to raise revenue to purchase open space property was called to order by Chairman Miller at 7:50 p.m. The hearing had been duly advertised as shown by the proof of publication.

Chairman Miller read from the ordinance, "a referendum shall be conducted during the May 2002 primary election for the registered voters of West Vincent Township to vote whether they are in favor of the imposition of an additional tax on real estate at the rate of forty-nine one hundredths of a mill per dollar of assessed value (0.00049) for the Township to purchase and preserve open space lands." The tax would in effect double the current Township real estate tax (an amount less than $150 for a property assessed at $300,000) and the tax revenue would be used to finance a bond specifically designated for the purchase and preservation of agricultural and natural lands within the Township. The Board is currently working on criteria for land protection. Peter Rodgers questioned the status of the debt service imposed for road repairs; the five-year road repair loan was paid off in July 2000, one year early, and the additional real estate tax of fifty-four hundredths of a mill was revoked. The hearing was adjourned at 7:55 p.m. upon a motion from Mrs. Perkins and second from Ms. Quinn.

Regular Meeting:

The regular meeting was called to order by Chairman Miller at 7:56 p.m.

A motion was made by Mrs. Perkins, seconded by Ms. Quinn, to adopt Ordinance No. 114-­2002, authorizing a referendum pursuant to the Open Space Lands Acquisition and Preservation Act on the question of the imposition of an additional tax at a specific rate to be imposed to raise revenue to purchase open space property and miscellaneous other rules and regulations; the motion carried unanimously.

Correspondence:

A letter was received from David Frame, President of Ludwigs Corner Fire Company requesting financial assistance towards the purchase of a thermal imaging camera and training for a total cost of $28,800. Since a contribution check in the amount of $33,600 was forwarded to Ludwigs Corner Fire Company this month, the request was tabled; however, in the event of a shortfall, the fire company's request will be reconsidered.

The annual Spring Convention of the Chester County Association of Township Officials will be held Thursday, March 7th at the Lionville Best Western; Ms. Quinn will attend.

Subdivision/Land Development/Zoning:

Mrs. Perkins moved to acknowledge receipt of a subdivision review extension agreement to February 25, 2002 for the 939 Pottstown Pike Associates Land Development Plan; the motion was seconded by Ms. Quinn and carried unanimously.

A motion was made by Mrs. Perkins to acknowledge receipt of a subdivision review extension agreement to March 31, 2002 for the Weatherstone Plan; the motion was seconded by Ms. Quinn and carried unanimously. In response to a question from Peter Rodgers, an Escrow Agreement for remediation work and Certificate of Insurance are in place; rough grading and the installation of erosion and sedimentation controls has commenced.

The Board unanimously acknowledged receipt of a subdivision plan from Harriet Stone, Sara Shick, and Martha Williams for 1210 Davis Lane (Tax Parcels #25-3-131 & 133) showing three lots on 31.072 acres upon a motion from Ms. Quinn and second from Mrs. Perkins.

The Board acknowledged receipt of a conditional use application from Jon A. Lines, Sr., who requests adding the additional use of a mini-storage facility to the existing multiple use property (Tax Parcels #25-6-68 & 25-6-68.2) at 964 Pottstown Pike as permitted under Section 1102.B.11. & 12. of the Township Zoning Ordinance. A hearing will be held Monday, March 11, 2002 at 7:30 p.m. at the Township Building.

Timberlake Townes, William Burke, Esquire, Earl Cooke, and Alex Baggio were present to reopen discussions on the offer of dedication of public improvements at Wetherill Estates. Mr. Townes suggested addressing subdivision improvements and the water system as separate dedication issues. The production well has been abandoned, Chester County Conservation District has signed off on the project, most punch1ist items (dated September 10, 2001 and September 14, 2001) have been completed and any outstanding items are considered as maintenance items to be completed during the maintenance period as mentioned by the Township Engineer. Mike Harrington, Wetherill Estates Homeowners Association President, reported that the HOA punch1ist items have not been resolved. Township Engineer Craig Kologie will contact Southdown Homes and Mr. Harrington to set up a date for final inspection of punch1ist items; the offer of dedication will be placed on the February 11th Board agenda.

Old Business:

Mrs. Perkins advised that preparations are underway for the February Township Newsletter with topics including TDRs, a response to the last newsletter regarding development in the Township, a profile of newly elected Supervisor Clare Quinn, the drought situation, and the open space referendum.

Manager Heist reported that A.J. Jurich, Inc., contractor for the Flowing Springs Road Bridge Repairs would use Hollow Road to access the bridge; a follow-up call will be made to Mr. Loftus, a stonemason, to request his proposal to repair the stone arch culvert by the next administrative meeting.

New Business:

An application to include 26.7 acres in the Agricultural Security Area has been received from Fred J. Uebelhoer, Sr., 800 Fellowship Road (Tax Parcel #25-7-81.1). A similar application is expected from David Della Porta for 63.7 acres on the east side of Route 100 (Tax Parcel #25-6-59). Manager Heist will proceed with advertising the modification to the Agricultural Security Area.

West Pikeland Township has received a petition from the Twin Hills Homeowners Association to vacate a portion of Eagle Farms Road in West Pikeland Township. Manager Heist will prepare a draft letter acknowledging receipt of the notification, expressing concern regarding terminating Eagle Farms Road in West Pikeland Township, advising that the Board is working on formulating a response to the 27 points made by the homeowners, and requesting notification of hearing dates. A meeting with the West Vincent, West Pikeland, and Upper Uwchlan Traffic Engineers and Toll Brothers, Inc./Orleans Homebuilders, Inc. representatives was suggested.

An executive session will be held immediately following the regular meeting to discuss personnel issues and potential litigation matters.

Bills List:

Mrs. Perkins made a motion to pay the bills on the Bills List dated January 28, 2002; the motion was seconded by Ms. Quinn and carried unanimously.

There being no further business, Ms. Quinn moved that the meeting be adjourned; the motion was seconded by Mrs. Perkins and the meeting adjourned at 9:23 p.m.

Respectfully Submitted,