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On motion by Dr. White, seconded by Ms. McIlvaine, the Board unanimously approved awarding the bid to the highest bidder pending a review of the
bids by Mr. Craig.
On motion by Dr. White, seconded by Ms. McIlvaine, the Board unanimously approved Resolution 26-2004 setting the date of September 22, 2004 for a
Conditional Use Hearing for Westrum Land Development, LLC to consider the development of an active adult community in the I-C District.
On motion by Dr. White, seconded by Ms. McIlvaine, the Board unanimously approved a Final Subdivision Plan for the combination of two residential
parcels for Marjorie P. Windle located at 604 South Concord Road.
On motion by Dr. White, seconded by Ms. McIlvaine, the Board unanimously approved a Final Land Development Plan for a 6,500 square foot warehouse
addition for Effective Shielding Company, Inc., located at 817 Lincoln Avenue. Matthew Reaney from D. L. Howell was present to represent the plan.
Ms. McIlvaine opened the floor for public comment.
Ms. Cynthia Poole, 904 Gated Lane, stated that she was present to speak on behalf of the six owners of residences on Gated Lane, which she
explained is a private road. She asked if the Board had received her letter regarding Gated Lane, whereby the residents have requested their street be taken over by the Township so that the Township
would be responsible for its maintenance and snow plowing. Ms. McIlvaine replied that Ms. Poole's letter had been received by the Board. Ms. Poole said that the development of Brinton Village was
approved in 1947 when street requirements were narrower and right of ways were less than the present 50 feet. She said that when the development was abandoned and the remaining land sold in the
1960's, Gated Lane became a permanent dead-end street as there is no land available to construct a cul-de-sac. She asked that the Township Engineer evaluate Gated Lane to determine the feasibility
of the Township accepting its dedication. Dr. White responded that the dead-end street would make it difficult to be plowed since the trucks would not have a cul-de-sac area in which to turn
around. He added that the street would need to be at least 32 feet wide for the Township to accept dedication of the roadway and the right of way would have to be expanded to 50 feet, which would
place the edge of the right of way inside the houses. Dr. White said that the Township would need to know the materials that make up the construction of the roadway and that the road would have to
be rebuilt before the Township would accept it. Ms. McIlvaine explained that there are other private roads in the Township that do not meet Township standards and that the Board cannot agree to
accept dedication of one of those private roads and not the others. Dr. White said the Board was willing to review Ms. Poole's request.
Mrs. Baker asked Mr. Ronald C. Nagle, Township Solicitor, if when a road appears on a Township map or plan, this is an offer to a Township to take
possession of that road. Mr. Nagle replied that the Township cannot be compelled to take possession of a road after twenty years although the Township could take possession if it so
desired. Mrs. Baker asked if residents on a private road could install a gate on that road and call the development a gated community. Mr. Nagle said if it met all other regulations it would be
possible to do so. He stated that Gated Lane is a private road. Mrs. Baker asked if this applied to Turner Lane and Dr. White replied that Turner Lane connects to two public roads, Paoli Pike
and West Chester Pike. Mr. Nagle said that many private roads have a right to be accessed by the public but they do not meet regulations because they were never meant to be dedicated to the
Township. Mrs. Baker asked why there was no security required for the construction of Gated Lane to ensure its completion and Mr. Nagle replied that Gated Lane was built before the Municipalities
Planning Code was enacted. He said that the developer put in the road and then abandoned the project. There was no requirement for security to ensure completion of the project at that time.
Ms. Poole asked that the response to her request from the Board be in writing and Dr. White said the Board will respond in writing after
consideration of her request.
There being no further business, on motion by Ms. McIlvaine, seconded by Dr. White, the meeting was adjourned at 4:28 p.m.
Respectfully submitted,
Sandra K. Turley
Assistant Township Secretary
West Goshen Township
Supervisor Hearing
July 28, 2004
S-6-04
Supervisor Hearing S-6-04 was called to order by Chairman Patricia B. McIlvaine at 4:37 p.m. Mr. Meakim was absent.
Mr. Ronald C. Nagle, Esquire, was present to represent the Township. Mr. Donald C. Turner, Esquire, was present to represent the applicant,
West Chester Area School District, which seeks Conditional Use approval to install two (2) 80 foot high light standards at J. Oscar Dicks Stadium located at Henderson High School, 400 Montgomery Avenue,
West Chester, Pennsylvania. The property is located in the I-3 Industrial District. Conditional Use approval is required pursuant to Section 84-39A(18)(b) and subject to the requirements of
Sections 84-57F(7), 84-73A, 84-74 and 84-75 of the West Goshen Township Code. The Applicant also intends to install two (2) additional 80 foot high light standards at the Stadium on that portion of
the property located in the Borough of West Chester, which is subject to approval of the Borough of West Chester.
See Court Reporter's Transcript
At the conclusion of all testimony and comments, on motion by Ms. McIlvaine, seconded by Dr. White, the Board unanimously approved the application,
imposing no further conditions than the following which were approved by the West Chester Borough Council on June 16, 2004:
- There will be four (4) 80 foot light standards and the lights will be equipped with residential side shields on the fixtures.
- The lights will be installed as shown on the plan submitted and include the capability to retract the light fixture to a height of
approximately 10 feet.
- The lights will not be used during evening hours on more than forty (40) occasions per year.
- The lights will be lowered to a height of approximately ten (10) feet on the day after Thanksgiving until April 1. In addition anytime
there is a schedule break of more than seven (7) days the lights will be similarly lowered.
- The approval is contingent on the applicant acquiring any other zoning or building code approvals for the project.
The hearing adjourned at 5:11 p.m.
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