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On motion by Dr. White, seconded by Mr. Meakim, the Board unanimously approved awarding the bid to the low bidder pending a review of the bids by Mr. Craig.
Prior to the consideration of Ordinance 19-2004 amending the West Goshen Township Revised Zoning Ordinance of 1990 to establish a new Zoning District known as the "MCX" Municipal Complex District, Mr.
Ronald C. Nagle, Township Solicitor, presented the following exhibits:
- B1 – Proof of Publication in the Daily Local News on July 19 and July 26, 2004
- B2 – Filing with the Daily Local News on July 7, 2004 and letter from Daily Local News confirming the filing dated July 12, 2004
- B3 – Filing with the Chester County Law Library on July 7, 2004 and letter from Chester County Law
- Library confirming the filing dated July 9, 2004
- B4 – Review letter from the Chester County Planning Commission dated August 9, 2004
- B5 – Act 247 Referral Letter and Form sent to Chester County Planning Commission by Mr. Nagle dated July 7, 2004.
- B6 – Affidavit of Posting of Property of hearing by Nancy D. Rogers, Zoning Officer on July 14, 2004.
- B7 and B7A – Notices sent to the property owner, West Goshen Township, on July 9, 2004.
- B8 – Secretary's Certification of Notification of Hearing and confirming of parcel numbers
- B9 – Secretary's Certification of location of property and notice to surrounding area property owners
Mr. Nagle explained that the purpose of the ordinance was to rezone the property currently zoned C-1R on which is currently located the West Goshen Township Municipal Complex at 1025 Paoli Pike. He
said the following uses would be permitted by right:
West Goshen Township administrative offices, equipment, garages, radio towers and related facilities; West Goshen Township Public Works Department offices, equipment, garages, materials and equipment storage, radio towers and related facilities; West Goshen Township Police Department offices, equipment, garages, radio towers and related facilities; West Goshen Township-owned principal and ancillary buildings and structures necessary to the maintenance and operation of the Township and its Commissions, Boards and Departments; West Goshen Township-owned parks and ballfields for use by the general public and organized sports activities of clubs and groups approved by the Supervisors; any West Goshen Township accessory use to any of the foregoing uses.
Mr. Nagle said that the following uses would be permitted as a Conditional Use when authorized by the Board of Supervisors:
wireless communications facilities, subject to compliance with the applicable Supplementary Regulations of §84-57.03 (Telecommunications Code) of Chapter 84 of the West Goshen Township Zoning Code.
Dr. White asked if the Board so chose, could the Board rezone other Township property to this zone and Mr. Nagle said that the Board would have the option to do so at a later date.
Mrs. Baker said she felt the ordinance was not clear because the word "Township" did not modify all of the uses listed and that private uses could be allowed in the zone. Mr. Nagle replied that West
Goshen Township is stated before all of the uses and that the ordinance is clear that this zone is for Township uses only.
Dr. White said that one of the reasons the Board was considering this change was because the current C-1R Zone does not allow for the installation of cellular towers.
He added that the Board is considering allowing a cellular tower to be constructed on the property, which will bring in revenue to the Township and ease the tax burden on residents. He said the land will be leased rather than being sold to the cellular company. Mrs. Baker said she was concerned that a cellular company could buy land elsewhere in the Township and ask to construct a tower under this ordinance and Mr. Nagle said the proposed ordinance change applies only to the property on which the Municipal Complex is located, not any other property in the Township. Mrs. Baker asked if a cellular tower could be constructed at Community or Barker Parks and Mr. Nagle said one could not be built at those locations since this proposed ordinance does not apply to those properties. Mr. Nagle stated that the Township is not exempt from the Zoning Ordinance. Mrs. Baker asked if the property was being rezoned specifically to allow the cellular tower and Mr. Nagle answered that it was being rezoned to what it is, a Municipal Complex.
On motion by Dr. White, seconded by Mr. Meakim, the Board unanimously approved Ordinance 19-2004 amending the West Goshen Township Revised Zoning Ordinance of 1990, as amended and zoning map, codified as
Chapter 84 of the Code of the Township of West Goshen, establishing a new Zoning District known as the "MCX" Municipal Complex District.
On motion by Dr. White, seconded by Mr. Meakim, the Board unanimously approved Resolution 24-2004 authorizing the signing of a Five Year Winter Traffic Services Agreement with PennDOT.
Ms. McIlvaine opened the floor for public comment. No comments were made.
There being no further business, on motion by Ms. McIlvaine, seconded by Mr. Meakim, the meeting was adjourned at 4:29 p.m.
Respectfully submitted,
Sharon Lynn
Township Manager
West Goshen Township
Supervisor Hearing
August 11, 2004
S-4-04
Supervisor Hearing S-4-04 was called to order by Chairman Patricia B. McIlvaine at 4:37 p.m. All members were present.
Mr. Ronald C. Nagle, Esquire, and Mr. Brian L. Nagle, Esquire, were present to represent the Township.
Mr. Mark Kozar, Esquire, was present to represent the applicant, TGI Friday's, Inc. who is seeking approval to allow an Inter-municipal Liquor License Transfer pursuant to Act 141 of 2000, Pennsylvania Liquor Code, 47P.S. §4-461 for their restaurant that will be located at the Town and Country Shopping Center, Route 3 and Spring Lane, West Goshen Township, Chester County, Pennsylvania.
See Court Reporter's Transcript
At the conclusion of all testimony and comments, on motion by Dr. White, seconded by Ms. McIlvaine, the Board unanimously approved Resolution 25-2004 authorizing the Inter-municipal Liquor License
Transfer pursuant to Act 141 of 2000, Pennsylvania Liquor Code, 47P.S.§4-461 by TGI Friday's Inc. for their restaurant that will be located at the Town and Country Shopping Center, Route 3 and Spring
Lane, West Goshen Township, Chester County, Pennsylvania.
On motion by Ms. McIlvaine, seconded by Mr. Meakim, the hearing was closed at 5:15 p.m.
West Goshen Township
Supervisor Hearing
August 11, 2004
S-5-04
Supervisor Hearing S-5-04 was called to order by Chairman Patricia B. McIlvaine at 5:17 p.m. All members were present.
Mr. Ronald C. Nagle, Esquire, and Mr. Brian L. Nagle, Esquire, were present to represent the Township.
The applicant is Omnipoint Communications Enterprises, L.P., which seeks conditional use approval pursuant to the conditional use procedures and general standards of Sections 84-74 and 84-75 of the West Goshen Township Zoning Ordinance, codified in Chapter 84 of the West Goshen Code to construct a wireless telecommunications facility consisting of a 120 foot monopole (designed for possible future extension to 150 feet) and antennas, radio equipment cabinets and radio equipment in an enclosed compound to be placed at the base of the monopole property owned by Spaz Beverage Company, Inc. The subject property consists of approximately 12.8 acres and is located in the I-2-R Light Industrial District-Restricted at 890 South Matlack Street.
See Court Reporter's Transcript
Mr. Nagle stated that a letter had been received by facsimile on this date from Mr. Christopher H. Schubert, Esquire, who is representing the applicant. Mr. Nagle said that the applicant is seeking
a continuance of the hearing to November 10, 2004, as it has recently been learned the proposed location of the monopole is in the 100-year flood plain.
He added that Mr. Schubert will advise the Board before November 10, 2004 if the applicant will be going forward with the application.
On motion by Dr. White, seconded by Mr. Meakim, the Board unanimously approved continuing the hearing to a date certain of November 10, 2004, at 4:00 p.m.
The hearing was adjourned at 5:23 p.m.
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