28 February 2011
I received a response to my 1/20/11 newsletter regarding Pam
Brown's TDR transaction. For those of you that are new to the
list I have attached a copy of my previous email. If you are
already up to speed on the situation, you can disregard this
On 2/20/2011, Toadhollowman wrote
You also only report data that is about certain WV people not
on Barry's side? Why not publish about TDR's to others but
Pam Brown? I believe Arty also received TDRs at the same
time...and another person...
Stop picking and choosing...report all the facts and
then...maybe...some of us on the fence will give more credence
to what you say...obviously, you won't stand up to the people
you are targeting....is it that you fear retribution or is
there really something else??????
I am glad you raised these questions, and I will try and respond
to all of them.
By Arty I think you mean Art Ewell who indeed got a TDR
payment. His hearing was on the same night as Pam Brown's. (1/1/08, minutes attached to
this email) Art had 11.7 acres zoned
as R-2 and received 4 TDRs for $102,800 which makes sense.
Generally speaking R-2 zoning requires minimum building lots of
2 acres. Art could have a maximum of 5 building lots on his
property, The TDR worksheet calculation removes areas such as
wetlands and existing structures from the property and comes up
with the TDRs available for purchase. Art's worksheet
calculated that there were 4 TDRs available. He agreed to sell
them all to the township.
Pam Brown's transaction is a little more complex. Pam's
property consists of a 2.9 acre portion on the north side of
Jaine Lane which is zoned R-2. It is doubtful that it is a
buildable lot due to the fact that it is low lying and a stream
runs through it. The balance of her property is approximately
10 acres on the south side of the road. This portion is zoned
RC (Rural Conservation). Generally speaking the minimum lot
size in this zoning is 5 acres. There is only the possibility
of 2 building lots on this side of the road. If one were to be
generous, one could say there is a 1 building lot on the north
side of the road and 2 on the south side. That would be if you
ignore the wetlands issue on the north side of the road and the
existing structures on the property, so one would think there
would have been 3 TDR's available at most. Somehow the township
engineer calculated that there were 4 TDR's available. Pam sold
all the TDRs and retained none for future development.
Here is a copy of the "Transfer
of Development Rights and Restrictive Covenant Agreement"
that Pam signed when she sold her development rights.
As you will see it spells out how many TDRs were available, 4 as
calculated by the Township Engineer, how many were purchased by
the township and how many were retained. Pam retained ZERO
development rights, leaving her property with no possible
The agreement specifically defines "development" as the
"construction and occupancy of a separate residential home…".
The agreement also allows for no development without the
retention of a TDR. Yet Pam built a 2nd residential home on the
So the short answer to your inquiry about Arty is that there is
nothing to report on his transaction. It seems to have worked
the way it should. He was fairly paid for his development
rights and he has not done any development to the property. The
taxpayers got what they paid for.
The Pam Brown transaction is newsworthy because , in my opinion,
the taxpayers did not get what they paid for. The number of
TDRs available, as determined by the township, seems way too
high. Furthermore, the agreement clearly states that no
development can occur and yet Pam built a 2nd house and a 3 bay
garage that is used for commercial purposes, not to mention all
the trees that are gone. As a matter of fact I can't imagine
what more development she could have done with the property,
aside from building a Wawa!
Who is responsible for letting this happen? In my opinion, I
would offer the following:
Zoe Perkins (Supervisor), leader of the West Vincent Land Trust
because she knows the in's and out's of how all of this TDR
stuff works. JIm Wendelgass (Township Manager) because he has an
intimate knowledge in the going's on of the township and is
supposed to be the "eyes and ears" for the Supervisors. Clare
Quinn (Supervisor), Executive Director of French and Pickering
Trust, who would fight tooth and nail if anyone tried to exploit
our Natural Resources, except in this case (or are there
others?). Sandra Cantrell-Edwards (Township Zoning Officer), for
not looking in the file to see what is and isn't allowed to be
done on the property and issuing a building permit for the
"accessory dwelling". Carroll Engineering (The Township
Engineer) for calculating the seemingly high amount of TDR's for
the lot. This is the short list. There may be others culpable
but these are the most intimate. Again, this is my opinion. All
the information is available to the public
I also received some comments following earlier newsletters.
Very interesting to read. Keep it up.
Thanks for the continued good work.
Hey thanks for the info regarding
West Vincent township.
I find your emails
very interesting and enlightening. Thank you for caring so
Thank you for those comments. Thank you also to those who have
suggested things to follow up, offered other positive suggestions,
and helped in other ways.
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