7:30 p.m., Monday, April 23, 2007

  Sellers called the meeting to order at 7:35 p.m. and opened with the pledge of allegiance. Supervisor Hubbard was present.  Absent was Supervisor Brutscher.
Also present PC Members, Conary and Waddington.  Bill Harwood, Road Master, was also present.

Announcements: 
Hubbard announced that he had met with Don Thompson, Chester County Prison representative at the JDC property, to discuss lighting that is affecting the Hartman residence on Wawaset Road.  They discussed how to correct the problem, and Mr. Thompson said he would follow up directly with the Hartman’s.

Hubbard also announced Sellers and himself had met with Senator Pileggi and Representative Barrar on April 19^th at the township building to discuss highway improvements related to the Toll Brothers subdivision and the proposed Route 52 Roundabout.

Motion:  Sellers moved, Hubbard seconded to close the regular meeting at 7: 45 p.m. and open the hearing to discuss and consider adoption of the Resource Protection Ordinance.  Motion carried.

Resource Protection Ordinance Hearing: 
Sellers said a summary of the ordinance was advertised in the “Daily Local News” on April 4, and 12, 2007.  Sellers introduced John Snook, Brandywine Conservancy, who was present to summarize the ordinance and answer questions for the meeting attendees.  Snook gave an overview of the provisions of the new ordinance.  Snook said this ordinance replaces the current resource protection provisions and adds additional requirements.  Snook said Janet Ebert, a recognized botanist, has identified the exceptional natural areas in the township.
Snook reviewed the new classifications of the protection ordinance.  Snook answered several questions from the audience.
Yelton, a resident, asked if this ordinance is in addition to the conservation ordinance. Snook said the number of maps remains the same.  Snook answered several questions from the audience.  Yelton asked about protection of hedgerows in the township.  Snook said that removal of invasive species would be permitted. Yelton asked a question about a lot in his subdivision and how this ordinance would affect previous subdivision approvals.  Snook said the new regulations would affect at the building permit level.

Snook suggested developing a separate lower fee schedule for the clearing of invasive species.  George Wickersham, a resident farmer, asked about clearing the hedgerow that passes through his field so the entire field can be plowed.  Sellers said the ordinance would have to be modified before adoption to allow for clearing of hedgerows where farming is practiced.
Motion:  Sellers moved, Hubbard seconded to close the ordinance hearing at 8:45 p.m. and continue discussions at a future meeting.  Motion carried. 

Motion:  Hubbard moved, Sellers seconded to open the Conditional Use hearing at 8:47 p.m.  Motion carried.

Deanna Kretzschmar -  Conditional Use Hearing:  Deanna Kretzschmar and George Brutscher, her attorney, were present for a hearing to build an accessory structure on a property located at 1880 Lenape-Unionville Road, West Chester, Pennsylvania.

There was a court reporter present to record the hearing.

The Board closed the hearing at 9:35 p.m.  A decision will be given at the May 14^th morning meeting.  Mr. Brutscher thanked the Board for their time and consideration.

Motion:  Sellers moved, Hubbard seconded to reopen the regular meeting at 9:36 p.m.

Brenda White Farm:   Jim Fritsch, Regester Associates, and Tom Pancoast, applicant, were present to review the proposed trails on the Brenda White farm..  Fritsch said the applicant was hoping to get direction on trail placement from the Board, and hopefully, address concerns of the potential buyers of these lots.
Hubbard presented two letters; one from the Historic Committee and one from the PR&T Committee, that recommended trail locations on the Brenda White property.  The Historic Committee recommended locating the trails at the location of the march of the troops during the Revolutionary War.

Tom Pancoast reviewed the trail recommendations of the PR&T Committee. Pancoast said the potential buyers of the lots are not in favor of trails going through the properties.  Pancoast reported that the area tested positive for Bog Turtles.  He also said rare grasses have also been found.  Hubbard said trails would have to be located away from bog turtle areas and rare grasses.  Pancoast said he is proposing fewer houses than the ordinance allows; but, if the trail system is going through the properties, he may lose potential buyers.  Sellers said he wanted time to review the township’s options.  Hubbard suggested taking the trails off the historic property, and locating them in the flood plain.  Snook suggested a continuous trail easement along the Brandywine River and suggested Mr. Pancoast dedicates a blanket easement in portions of the open space well removed from the proposed dwellings. 
Tom Knowland said he was interested in purchasing Lot #01 and restoring the historic home.  Mr. Knowland said he agreed with the suggestion to investigate the possibility of seeking a trail easement with the owner of Brandywine Railroad.

Mark Thompson, resident on Bragg Hill Road, was in favor of moving the trail out of the flood plain, historic zone, and natural areas and placing the trail easement in an escrow account until a time when it could be used to connect the township trail system.
Fritsch said he would investigate the possibility of the Brandywine Railroad Company granting a trail easement through their property to connect the trails.

David Paige, a neighbor of the project, pointed out that the property owner of the lot bordering the Brandywine River would be crossing horses across the township trail which could pose a liability to the homeowner. 
Sellers asked about indoor riding rings on Lot #04 and Lot #05, and expressed concerns about storm water run-off.
Mr. Piola, a resident bordering the development, read a letter he had written to the board discussing his concerns about the impact this development (specifically Lot #04) would have on his property, i.e. storm water, views, privacy, septic systems.  Mr. Pancoast commented that he had addressed Mr. Piola’s concerns.  Mr. Pancoast said the storm water run-off will be addressed, and the Piola’s well will be located on his property so that any future septic systems will be located at least 100’ from the well.  Pancoast said the new property owner would be allowed to build a house and barn within the building envelope.  Mr. Piola and Mr. Pancoast had a heated discussion about Lot #04.  Fritsch commented the proposed open space had been located to keep it as a contiguous part of the development.
Snook, Brandywine Conservancy, suggested changing the open space layout to move the barn site on Lot #04 so it doesn’t impede on the scenic river corridor view shed. 
The Board agreed this development is in the preliminary stage and recommended the applicant continue to work with the Planning Commission and PR&T Committee to develop a plan that is acceptable to the township.

Open Space Advisory Committee Update:  Conary reported the committee had their first meeting with landowners, and it had been successful.  The landowners were at least neutral about the proposal. The committee will continue to pursue potential opportunities and follow-up with the landowners that attended their meeting. 

Public Comment:  No public comment

Parks, Recreation & Trails Committee:  Hubbard reported that Sandy Retzlaff had informed him that Landscape Structures (supplier of the tot lot) was able to provide a horse climbing structure at a minimal additional cost instead of the proposed dinosaur climbing structure.  Sellers agreed with Hubbard to purchase the horse structure, as it is more in character will the township. 

Other Business: 
Hubbard reported Mr. Norcini was in the process of getting prices on the bridge for the creek crossing at Overlook Circle.

Sellers noted that Becker Homes has not installed the trails on the Hallelynn property.  The secretary will send a letter reminding Mr. Becker he has a responsibility to install trails before any building permits will be issued by the township.

Windy Hill Trail Relocation:  Sellers said he would like to schedule a meeting with the Windy Hill HOA, around mid month, to discuss relocating the trail in the Windy Hill townhouse community.

Roads:  Harwood reported the skid loader had come in and requested the Board to instruct the treasurer to issue a check in the amount of  $31,985.51.  Harwood said he would be picking it up the next day.  The Board agreed.

Treasurer’s Warrants:  The warrants were approved and signed as submitted.

Minutes of April 9, 2007:  Sellers moved, Hubbard seconded to approve the minutes of April 9, 2007 as submitted.  Motion carried.

Adjournment:  The meeting was adjourned at 10:55 p.m.

______________________                                                    ________________________
Karen Eckard, Secretary                                                          H. William Sellers, Chairman