Board of Supervisors Regular Meeting
7:30 p.m., Monday, November 26, 2007
Supervisor Brutscher opened the meeting at 7:30 p.m.
with the Pledge of Allegiance Supervisors Hubbard and Sellers were in
attendance.
Announcements:
Brutscher reported on Kennett Area Regional Planning
Commission (KARPC):
- Brutscher will serve a two-year term as Chair of
the beginning in January 2008.
- KARPC is instituting a police study at no cost to
participating municipalities. Brutscher would represent Pocopson at
approx. 10 meetings. Would need resolution that Pocopson will
participate in study; will discuss further at December 10 meeting.
Pennsbury and East Marlborough Townships do not plan to join study.
- Western Chester County Emergency Response team
being formed to handle SWAT / hostage / school situations. Membership
would be $1500 - $3000/year.
- KARPC has lowered annual dues from $500 to $450
for 20078; dues are already in the Township’s 2008 budget.
- KARPC will not meet in December, 2007.
- Brutscher is still seeking a replacement on the
Scenic Byways Committee, which meets on the 4th Thursday of
each month.
Discussed moving December 10 meeting from 8:45 am to
7:30 p.m. to coincide with the FHWA-required public information session on
the Route 52 Roundabout project, at which Gannett Fleming and John Fenn
will present status and next steps. Decision will depend on advertising
requirements for other agenda items.
Sellers closed the public meeting at 7:40 and opened
a public hearing on proposed chapter revisions to Subdivision and Land
Development amendment
Ordinance No. 6 of 2007: Amending the
Subdivision and Land Development Chapter of the Pocopson Code to delete
and add definitions at Section 190-6; to add sewage disposal, water
supply, and stormwater management requirements to the General Requirements
at Section 190-25 and to add sidewalk, trail, bikeway, and driveway
Requirements to the General Requirements at Section 190-25.
Proposed ordinance was advertised in the Daily
Local News on November 7 and 14, 2007. There were no questions or
comments.
Motion: Brutscher moved, Hubbard seconded to
adopt Ordinance 6 or 2007 as described above. Motion carried with all
in favor.
Motion: Sellers moved to close special
hearing, Brutscher seconded. Motion carried with all in favor.
Hearing closed at 7:44; Sellers reopened the regular meeting at 7:44 p.m.
Benzel Family Trust: Present were Jim Fritsch
of Regester Associates, Ann Benzel, Charlie Benzel, Kay McConnell, and
Deri Gawthrop.
Fritsch presented a sketch plan for a 3-lot
subdivision on the Benzel Family Trust’s 40.4 acres, zoned RA. He noted
that this plan is a revision of the proposed 4-lot subdivision presented
at the October 22, 2007 Board of Supervisors meeting. By reducing the plan
from four lots to three, the Benzels hope to address the Board’s concerns
and ensure the Township’s support for a quick approval process.
The plan proposes three lots:
·
Lot 1: 10.146 gross, 8.93 net
·
Lot 2: 10.019, 9.112 net
·
Lot 3: 16.991, 3.57 net (because of Conservancy easement)
and would convey a 3.2 acre parcel that includes a pond to the Gawthrops.
Two additional dwellings are proposed, one on Lot 1 and one on Lot 3; the
existing home is on Lot 2.
The new sketch plan was discussed at the November 15,
2007 meeting of the Planning Commission, which recommended seeking a
variance to Section 250-24.A.(4) or a conditional use. Planning Commission
recommended no additional road improvements to Bragg Hill Road, other than
those already committed to by BHO Investors.
Fristch said that the proposed 3-lot subdivision
doesn’t affect agricultural use because the property is not currently
being farmed.
Brutscher asked what other buildings are on the
property now. Benzel replied that there is a farmhouse, a carriage house,
and a tenant house – none of which are currently rented – a tractor shed
and stable. The Benzels would be willing to connect the farmhouse and
carriage house, which are about 10 ft. apart, to ensure no additional
traffic from Lot 2. Sellers said that he would like to ensure that there
are no accessory apartments on Lots 1 & 3, since any lot that could be
subdivided could, theoretically, have an accessory dwelling
There was discussion of the 10 net tract acres
requirement for a conservation subdivision. One lot can have less than 10
net but needs a minimum of 4 contiguous net acres building area, which
this property does not meet. A conventional development would require
zoning relief or a variance.
Sellers asked if the BVA has applied for funds to buy
a segment of the Benzel property. Benzel replied that BVA is working with
the Natural Lands Trust to obtain funding, but their application is for
$660,000 for 20 acres, which is insufficient. Brutscher asked if the area
BVA would be interested in is on Lot 3. Benzel said that it was.
Brutscher asked about the lot on the west side of
Bragg Hill Road. Fritsch replied that the deed issues have been cleared up
and individual deeds are being recorded, with the exception of the 3.2
acre area with the pond which would be conveyed to Deri Gawthrop.
Sellers said that he remains concerned about
improvements to the road and entrance but would recommend that the Benzels
pursue a conditional use proposal.
Fritsch said that if the Board supported the revised
3-lot configuration, the Benzels would proceed with subdivision plans and
apply for conditional use when submitting. The Board agreed but will
consult the Solicitor regarding cluster development provisions. Fritsch
emphasized the need to move quickly. Brutscher appreciates this but noted
that the approval process can only move at a certain pace.
Motion: Brutscher moved, Hubbard seconded to
contact the Benzels outside a public meeting after discussion with
Solicitor and to report that conversation at the December 10 Board
meeting. Motion carried with all in favor.
PR&T Committee Report: tabled
Brandywine Conservancy: Sheila Fleming was
present to discuss two items:
DCNR grant for trails feasibility study.
Contract for Pocopson Community Trails
Master Plan – C2P2 Grant has been fully executed and sent to the Township.
Cost will be $28,000 total; $14,000 from DCNR is a match for local funds
that have already been spent.
Fleming provided a “punch list” of three information
items for which she needs the Township’s assistance:
1) minutes authorizing Brandywine Conservancy and Regester Associates to
do trails work under the Vision Partnership Grant;
2) the source of the matching funds;
3) names and background of people on the Study Committee (residents, Parks
Recreation & Trails Committee, Planning Commission)
Fleming expects to complete the other items by mid-December.
County grant for the trails construction project
Project to build trail near Pocopson Home and Prison is
advancing. There was no bog turtle conflict. Some modifications will be
needed to avoid sensitive plant habitats. Meeting was held to discuss
trail crossing locations and permits look likely.
Chester County Conservation District has to review two permit
applications that were sent to the Township on 11/2/07. Sellers will call
CCCD to see if the Township pays the same permit fees as others, or if
there is a municipal waiver / reduction. Construction is on track
for completion by June, 2008. Reviewed the realigned trail route and
agreed that sight distances are improved.
Resolution Appointing Umbreit, Korengel, &
Assoc., PC, CPA
Motion: Brutscher moved, Sellers seconded to
adopt Resolution #13 of 2007 appointing Umbreit, Korengel & Assoc., PC,
CPA as the Township’s auditor for 2008 in lieu of elected auditors.
Motion carried with all in favor. Bill Harwood, Public Works Director,
noted that advertisement might be needed.
Roads: Harwood reported that the Public Works
crew has been patching, paving, clearing storm drains, and took care of a
few trees that came down on Thanksgiving.
Brutscher asked about a drain near the Scaleby
development on a newly paved section of Unionville-Lenape Road that seems
very low and easy to hit, Harwood will look at it but thinks that once the
road is restriped, the problem should go away.
Other Business:
Heinrich & Klein have submitted a proposal for Traffic Study for
a maximum of $5,500 at their standard rates plus expenses. The study is
required by FHWA. Brutscher will call Heinrich & Klein to clarify a
section of the proposal regarding charges for meetings.
Motion: Brutscher moved, Hubbard seconded to
accept the proposal if the outcome of the phone call is satisfactory .
Motion carried with all in favor.
Hubbard distributed a scoping checklist for the Roundabout
project to Brutscher and Sellers.
Two Boy Scouts from Troop 31 were in attendance.
Sellers explained to them the Township’s plans to improve the existing
Route 52 / Lenape-Unionville Road / Wawaset Road intersection by
installing a roundabout.
-
PRT Committee Report:A new member will be
added in December.
- Committee Member Sandy Retzlaff asked that signs
be installed on the tot lot equipment saying that some of it is meant
for 7-12 year olds. Hubbard reported that the signs had; arrived and the
Public Works crew would install them shortly.
- Retzlaff also asked for a large sign near the tot
lot entrance saying something like: “Welcome to Pocopson Park. Please
ensure that children are supervised”. This issue will be addressed at
the December 10 meeting.
Other Business:
Sellers will meet with the Solicitor, Castle Valley and Aqua regarding
proposal to operate the sewer system. Artesian is also willing to make a
proposal, which Hubbard will request.
Signing of Paperwork for BHO Investors:
$12,500 fee in lieu of recreation was received.
Documents were presented for signature, including Road Improvement
Construction Agreement; Letter of Credit; Covenants, Restrictions and
Easements; and Grant and Declaration of Conservation Easement. Plans were
given to BHO’s attorney and can be recorded after necessary conditions are
met.. Jim Fritsch will provide disks of the plans to the Township and to
John Fenn. A recorded copy will be returned to the Township in December.
Public Comment: None
Treasurers’ Warrants: The warrants were
approved and signed as submitted.
Hubbard reported that the current process of depositing checks via mail to
PLGIT will be changed. Checks will be hand carried to 1st
National Bank for deposit.
Approval of Minutes from Meeting of November 12,
2007
Motion: Brutscher moved; Hubbard seconded to
accept the minutes of the November 12, 2007 Regular Meeting of the Board
of Supervisors. Motion carried with all in favor.
Adjournment: The meeting was adjourned at 9:30
p.m.
_________________________________
_____________________________
Margaret S. Lennon, Acting Secretary H.
William Sellers, Chair
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