WEST VINCENT TOWNSHIP
PLANNING COMMISSION

October 16, 2008                    7:30 PM

Attendance:  Vice Chairperson Jean Warrick, Sara Shick, Township Manager Jim Wendelgass and Township Secretary Tammy Swavely

Vice Chairperson Warrick called the meeting to order at 7:35 PM.

CORRESPONDENCE:

The Open Space Advisory Committee Minutes, the Environmental Advisory Council Minutes and the Board of Supervisors Minutes that were previously distributed by e-mail were acknowledged as received.  The Erosion & Stormwater Control Inspection Reports and Earth Disturbance Reports distributed by e-mail were acknowledged as received. 

SUBDIVISION/LAND DEVELOPMENT:

Burch/Woodstone:   The Applicant plans to come discuss the plan at the November 20, 2008 Planning Commission meeting.  The water has not been determined for the site.  Wendelgass met with PA America and this company has changed its approach and may be more amenable to provide water.  They will reach out to developers in the area.

Weyl:  Nothing new with this application.

St. Andrews Church:  The Applicant has requested that the Conditional Use be re-opened. 

Wetherhold/Remington:  The Applicant plans to come discuss the plan at the November 20, 2008 Planning Commission meeting.

PLANNING/ZONING:

Ludwigs Square/The Promenade at Chester Springs:  The Applicant went to the Board of Supervisors who told them they are headed in the right direction with the latest sketch.

Abram Realty/PNC Bank:  Nothing new with this Application.

New Business:

Michelle Thomas came to the Planning Commission in response to the August 2008 Planning Commission minutes.  Ms. Thomas wanted to inform the Planning Commission what she had been doing with regards to her property on Weidner Way Tax Parcels 25-7-46 and 25-7-47.  This was the subject of a Lot Line Change, a Conditional Use, and Conditional Final Approval on 5/21/07.  Ms. Thomas stated that this lot line change rendered her parcels unmarketable due to the Developer’s Agreement and the issues with Weidner Way.  She informed the Planning Commission that this was a subject of a previous subdivision called Glad Acres in 1958 which at that time divided the property into five (5) parcels.  Earlier this year she went to the County to obtain tax parcels for these lots and Jim Wendelgass sent a letter to the County stating that this was not an approved subdivision and the lots should not have separate tax parcels.  Ms. Thomas would like the record to reflect that calling the Glad Acres Plan “alleged” is inappropriate.  This plan was made before the Zoning Ordinance was in affect and recording plans was not required.  The sale of one of these lots has been hindered due to this.  It is also hindering the sale of her neighbor’s property because the lines might change.  This would entail changing at least two (2) of the other residents deeds on Weidner Way.  Warrick stated that there are tricky legal issues involved with this.  She stated that the courts sometimes treat the property as it is currently being used.  If it is being used as one (1) lot that is what would be recognized. It is not always true that lots shown on a very old subdivision plan continue to exist as individual lots. Ms. Thomas stated that many parcels in Glad Acres have been bought and sold.  The lots on her parcels would not conform to current zoning.  Wendelgass stated that you cannot take non conforming lots and make them conforming, it would be one or the other.  Warrick stated that this is nothing that the Planning Commission can resolve.  Ms. Thomas would like the Townships blessing on the Glad Acres Plan.  Warrick stated that it is possible that the Township cannot help her due to the complexity of the issues and she may need to go to court and clarify her rights.  Ms. Thomas stated that the current Lot Line Change that she was granted is unfeasible and she is foregoing the plan. 

Warrick made a motion to adjourn, Shick seconded, and the motion passed unanimously.

Meeting Adjourned 8:45 PM