The second business meeting for August was held August 16, 2004, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Hugh Willig, Charlie Philips, Surender Kohli, P.E., Tom Oeste, Esq., Tom Comitta, Tom Corcoran, Court Reporter, Linda M. Csete, Township Administrator, Melanie M. Lammers, Recording Secretary, and those on the attached list were present.
The meeting was called to order at 7:33 P.M.
Mr. Kuhn announced an Executive Session was held on August 2, 2004 to discuss legal matters.
Mr. Rodgers moved to approve the August 2, 2004 minutes, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Tom Oeste, Esq., indicated the applicant had rested its case at the previous meeting, and it was now time to allow other parties to present evidence they would like the Board to consider.
Gary Bender, Esq., called Mr. Surender Kohli, Township Engineer, as a witness, and Mr. Ryan accepted him as an expert in Engineering.
Mr. Bender marked Mr. Kohli’s review letter dated April 7, 2004, consisting of five pages, as Exhibit PC-1.
Mr. Ryan, legal counsel for the applicant, cross-examined Mr. Kohli. Mr. Bender asked a few questions on re-direct as did Mr. DelBello.
Mr. Bender called Mr. Comitta as his second witness, and Mr. Ryan accepted him as an expert in Land Planning. Mr. Bender said he would provide Mr. Comitta’s Curriculum Vitae to Mr. Ryan at a later date. Mr. Bender marked the Curriculum Vitae as Exhibit PC-2.
Mr. Bender marked Mr. Comitta’s review memorandum dated August 16, 2004, consisting of 20 pages, as Exhibit PC-3.
When Mr. Bender finished with his witness, Mr. DelBello followed up with a few additional questions. After a short break, Mr. Ryan then cross-examined the witness.
Mr. Comitta presented a copy of the Parking Consultants Council National Parking Association report of May 1992, and marked it as Exhibit PC-4.
After Mr. Bender and Mr. DelBello asked a few questions on re-direct, the witness was dismissed.
The hearing was continued to September 20, 2004, at which time Mr. Bender will call one additional witness.
Mr. Oeste indicated the applicant has requested a continuance, so this hearing was continued to September 20, 2004.
Mr. Oeste indicated the applicant has requested the hearing be opened this evening, but continued, therefore, this hearing is continued to September 20, 2004.
Mr. Oeste said this is a hearing to consider a Proposed Amendment to the Zoning Ordinance to correct typographical errors. He highlighted the following changes:
Mr. Rodgers moved to approve the ordinance amendment, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to approve the advanced payroll preparation, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn said he spoke with Mr. Diehl today. He said the Planning Commission had no problems with what the Board is trying to accomplish. He added that Mr. Comitta and Mr. Diehl made some additional tweaks to the document. The Board asked the Planning Commission for their comments rather than an actual detailed review of the proposed changes. Mr. Kuhn said the revised amendments must be accepted by the Board and then sent back to the Planning Commission for their final comments, as well as sent to the Chester County Planning Commission.
Mr. Comitta summarized the ordinance amendments. He said Mr. Diehl made the following additional changes over the weekend:
Mr. Comitta handed out copies of the Ordinance Amendments. One was a marked-up copy dated August 3, 2004-Revised August 16, 2004, and a clean copy dated August 16, 2004. He suggested looking at the clean copy side-by-side with the marked-up copy to identify the changes. Mr. Comitta indicated the map is the same, except some name designations have been changed. He provided extras so one could be forwarded to the Chester County Planning Commission for review.
Mr. Kuhn asked for a motion to send the proposed ordinance amendment back to the Planning Commission for comments. Mr. Philips indicated it appears some things seemed to be excluded. Two items he felt needed further discussion: that the new B-1 District does not allow for any kind of residential housing, and that communication towers might be better located in the LI District.
Mr. Comitta indicated that, in a discussion he had with Mr. Allen, Mr. Allen also had the concern over the lack of residential in the B-1 District. Mr. Comitta said Mr. Diehl defined this as a two-step process, and that these issues could be handled in Phase II.
Mr. Kuhn asked Mr. Comitta if it was his opinion that Devault Foods is a non-conforming use. He answered there are parts of it that are definitely non-conforming.
Mr. Comitta explained the revisions to the height regulations and noted that Mr. Diehl agreed to take out the requirement to build at least 2-story buildings in the LI District.
Mr. Willig moved to approve sending the proposed ordinance amendments to the Planning Commission for comment and to the Chester County Planning Commission for review, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn thanked Mr. Comitta for his work on the ordinance amendments and on tonight’s testimony.
Mr. Kuhn said they received some bids to get the Bodine Road drainage work done. He said Mr. Kohli was able to get the price reduced somewhat. Mr. Kuhn asked Mrs. Csete to communicate to Mr. Alston that he had the go-ahead to proceed.
Mr. Oeste said all the documents are in his possession and he will find out the timeframe from Mrs. Wallace’s attorney and report back to the Board.
Regarding the review of Robal’s Declaration of Condominium document, liquid fuels questions, and Spring Lane Farms, Mr. Oeste said he will check the status and provide Mrs. Csete with an update.
Mr. Hogan moved to authorize open space funds, with a limit of $3,000, to be expended for a yield plan on the Fisher property, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Philips moved to adjourn the meeting, and Mr. Rodgers seconded. The meeting was adjourned at 11:09 P.M. The next meeting will be held September 13, 2004, at 7:30 P.M. in Room 154 of the Great Valley Middle School.