Board of Supervisors
Meeting of September 22, 2003
Sellers called the meeting to order at 7:39 p.m. with
the pledge of allegiance. In attendance were Supervisors Brutscher and
Hubbard; Building Inspector and Zoning Officer, William Harwood.
Announcements: The secretary announced that
the ZHB will conduct a hearing to consider the application of Brandywine
Hardware for five variances to construct an addition to the hardware store
on Pocopson Road.
The Board discussed the scheduling of the next Board
of Supervisors’ meeting, and it was decided due to the Columbus Day
Holiday, it will be held on Tuesday, October 7, 2003 at 8:45 a.m.
Brutscher said that Ron Nagle, Chester County Prison Expansion Project,
should be notified in writing of the change to the meeting date.
Brutscher said she is attending the rescheduled
library consortium meeting on Thursday of this week.
Brutscher also reported that Margaret Taylor of the
Kennett Township, EAC will attend the next open space committee meeting to
discuss the duties of this committee.
Sellers said the new ordinances are hopefully ready
to be advertised for adoption later this week.
Open Space Committee: Zeke Hubbard discussed
a proposed trail construction diagram that would ease trail erosion
problems during heavy rains. Sellers said that an additional option to
the trail schemetic diagrams should be included as an asphalt trail
option. The Board agreed.
Hubbard moved, Brutscher seconded to have the
township engineer review and comment on the four proposed trail
construction options. Motion carried.
Alan & Paula Johnson – Escrow Release #1:
- Brutscher moved, Hubbard seconded to approve
escrow release no. 1 for Alan Johnson in connection with improvements at
Alan & Paula Johnson’s project in the amount of $7,546.97. An
inspection fee of $435.00 has been added to the developer’s release
request. Motion carried.
Olmsted Subdivsion – Escrow Releases:
- Release 3-A, No. 5: Brutscher moved, Hubbard
seconded to approve escrow release 3-A, No. 5 in connection with
improvements at the Olmsted subdivision for $40,015.65. This release
includes an inspection fee of $976.50 payable directly to Pocopson
Township. Motion carried.
- Release 3-B, No. 2: Brutscher moved, Hubbard
seconded to approve escrow Release 3-B, No. 2 in connection with
improvements at the Olmsted subdivsion for $87,774.20. This release
includes an inspection fee of $588.50 payable directly to Pocopson
Township. Motion carried.
Lenape Springs Farm- Red Hawk Trail: Mr.
Tupitza was present to sign the revised plan for Lenape Springs Farm so
the corrected plan could be re-recorded with the recorder of deeds.
Hubbard moved, Brutscher seconded to sign the plans
and hold them, until Mr. Tupitza supplies the following five items:
Updated Maintenance Bond, Snowplowing reimbursement check for $1,000,
As-Built Plan, Monuments and Pin Location Plan, and a copy of the Recorded
Declaration of Easements, Covenants, and Restrictions for the
subdivision. The plans will be released to Mr. Tupitza after these five
requirements are met. Motion carried with all in agreement.
Historic Committee: The committee was present
to discuss the purchase of the school house located at Corrine Road.
Brutscher said there should be a supervisor present when the purchase
price is negotiated with the owner of the school house. The committee
agreed.
- Brutscher moved, Hubbard seconded, that the BOS
support the Historic Committee in their endeavors to purchase the school
house, and support funding the cost of renovations to the school house.
Motion carried with all in agreement.
Sarah Mimms said the committee is putting together a
historic map of how the township looked 100 years ago, and it will be
available for purchase by Christmas.
Planning Commission Report: Bill Waddington,
Chairman of PC, was present to review the PC recommendations on the
following projects:
Chester County Prison Expansion Project:
Sellers and Waddington discussed the riparian buffer on the Chester County
Prison Project. The Board agreed to continue to pay Gary Burcham for the
review of the County Prison landscaping plans and also the landscaping
zoning as it relates to the new ordinances. Waddington said the Planning
Commission has recommended the BOS give preliminary plan approval for the
Chester County Prison Expansion Project with the four following
conditions:
1)
The final landscaping plan be reviewed on site with the County
representative and Gary Burcham present.
2)
Approval of the sewage facilities planning modules for the prison
expansion by the township’s consultant, Castle Valley Engineers.
3)
All open items on John Fenn’s review letter should be
addressed.
4)
Stormwater management for the entire site which is included in
Fenn’s review. Sellers said the Board had a work session with Castle
Valley and the Prison representatives last Thursday to review the sewage
facilities expansion plan for the prison. Castle Valley outlined the
shortcomings of the sewage facilities planning modules for the prison and
juvenile detetention center.
Winterwood: Waddington said that with regard
to Winterwood, completion of items on John Fenn’s letter and the removal
of trees in the driveway area of Lot #4 were problems that will have to be
addressed by the applicant. The applicant agreed to take a strong look at
the PC’s request regarding the trees. Waddington recommended that tree
replacement be requested of the applicant if these trees cannot be saved.
Scaleby Farm: Waddington reported that the PC
had their first review of Scaleby Farms and they recommended to the
applicant a one acre cluster approach to this property instead of the
proposed two acre plan.
The secretary requested that Waddington have the PC
review the application of Brandywine Hardware to go before the ZHB
requesting five variances for an addition to the hardware store.
Waddington agreed he would take care of this.
Northbrook Road – Flooding: Mr. Tupitza was
present along with several residents to discuss the flooding problems at
the Pancoast property and other residents along Northbrook Road. Mr.
Pancoast presented a sketch depicting the problem at Olmsted Subdivision
with the water flowing from lots 19 and 20 into the drop box and through
the swale flooding all the properties below it. Pancoast also presented
pictures of the flooding to the Board. Mr. Pancoast said the retention
ponds are not large enough to retain the water coming from the Olmsted
Property. The Board reviewed the problem and recommended the township
engineer revisit the retention pond at Olmsted Subdivsion, and said a
meeting with state representative, Barrar, and PennDOT to discuss how the
implementation of a better drainage plan on Northbrook Road might help
correct the flooding problem. Sellers said the discharge rate from the
drainage basin might have to be corrected. Sellers also noted that the
ordinances should be revised to reflect changes to the storm water
ordinance and limit to the amount of disturbed area that is allowed during
construction of a subdivision.
Hubbard recommended the township engineer look into
the flow problems and the state representative be contacted to have
PennDOT review the issue of storm drains on Northbrook Road. Harwood said
installing a storm sewer from Indian Hanna Road to the river would help
control the problem. Harwood said a meeting should be set up with the
township engineer and the Olmsted engineer to review the storm water plan
for Olmsted and the other problems in this area. The Board agreed a
meeting will be arranged and the residents should select a representative
to attend that meeting.
Winterwood Subdivision: Jim Fritsch was
present to discuss Winterwood Subdivision on Valley Road. Fritsch said
last week they had received approval from the Planning Commission and
requested the Board to confirm that they are in agreement with the PC
recommendations. The Board agreed that there will be no sidewalks or
street lighting in this development. Sellers asked Fritsch to review the
trails in this subdivision for the Board. Sellers suggested a
Conservation easement be written for maintaining the wooded areas and
included in the open space documents. The Board discussed an easement in
the open space for the lot #4 driveway with a15% driveway slope that will
need check dams along the sides to prevent excessive run-off. Fritsch
presented the fracture trace analysis to the Board. Fritsch asked if the
final plan could include a note that granted a waiver that the well permit
and septic permit could be presented at time of building permit issuance.
Sellers asked the applicant to donate a $2,500 fee per lot in lieu of
recreation facilities. Scott Megill said he did not think this would be a
problem. Sellers asked how Megill Homes could stage the development to
minimize storm water run off during the construction of the homes, and
appropriate measures were discussed and agreed upon with the applicant.
Fritsch said there would be super silt fence installed along Valley Road
to stop run-off from traveling onto Valley Road during storms.
- Brutscher moved, Hubbard seconded to grant
preliminary plan approval of Winterwood Subdivision, drawn by Regester
Associates, Plan last revised 7/30/03 with the following five
conditions:
- Lot #4 up to 15% slope on driveway and reroute the
driveway into the open space and include the two trees 36” Clump Maple
and 50” Sycamore in the open space easement.
- John Fenn’s comments dated September 15, 2003
satisfactorily addressed.
- Chester County Conservation District approval.
- $2,500 fee in lieu recreation facilities per lot.
- Septic and well approval at the time of building
permit issuance.
Busby Property: The Busby Property was
discussed, and it was determined they have to go before the Planning
Commission in October.
Brandywine Hardware: The Board and Bill
Harwood discussed the application of Brandywine Hardware to appear before
the township ZHB to request relief from five sections of the township
zoning ordinance as follows:
1) Section 502.A ( Rear yard setback) Sellers said
he didn’t have a problem with the first waiver request. The Board agreed.
2) Section 502.A6 (Impervious Cover) The square
footage of the new addition is not the same as the variance the applicant
is asking for; Is the new addition being constructed on impervious
ground? Board agreed clarification is needed.
3) Section 502.A8 (Vegetative Cover) The Board agreed
to this request as along as low shrubs are planted along Pocopson Road and
additional landscaping is installed along Route 926.
4) Section 503.A(2&3) (Landscape Buffer) The Board
agreed a township approved landscape plan will have to be submitted.
5) Section 1305.C The Board agreed off-street loading
will be permitted.
6) Note: The wrong size square footage of the
proposed addition is stated on the plan and must be corrected.
Fenn’s Letter – S.R. Route 926 Bridge Replacement
Project: John Fenn’s response letter of September 22, 2003 will be
discussed at the next Board meeting.
Toll Brothers – Sheeder Property: Sellers
presented an e-mail from Unruh and asked if the Board members could meet
with Chris Schubert to discuss a possible solution to the Toll Brothers
PRD application. The Board agreed they will meet on Friday morning to
discuss this issue.
Other Business:
Mr. McNeill asked a question about the placement of
the fence on the Meshurle subdivision, and it was noted the fence should
be installed in the right-of-way.
Roads:
Harwood reported that Red Bridge Farms Emergency
Access Road is in need of maintenance to make it passable for a vehicle
during an emergency. It was discussed and agreed that a letter will be
sent to the HOA informing them that the Emergency Access road needs to be
properly maintained.
The Board and Harwood discussed the drainage problem
at the school, and the Board agreed to have John Fenn review this issue.
Treasurer’s Warrants: The warrants were
approved and signed as submitted.
Minutes of September 8, 2003: Brutscher
moved, Hubbard seconded to approve the minutes of September 8, 2003 as
amended. Motion carried.
Adjournment: The meeting was adjourned at
10:55 p.m.
______________________
________________________
Karen J. Eckard, Secretary
H. William Sellers, Chairman
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