Rock Hill Farm deal falls apart hours before the vote

Willistown Township Supervisors hit pause last night on a vote to settle the long-running Rock Hill Farm lawsuit, after eleventh-hour “communications” prompted proposed changes to the settlement agreement.

“In light of those changes that came into us after 5 o’clock p.m. this evening and the uncertainty with which we are still faced regarding the ability of Rock Hill Farm (RHF) Acquisitions LLC to bind the mortgage holders, I’m going to make a motion that we table this item until greater understanding and surety can be achieved,” said Bill Shoemaker.

The other two supervisors agreed to table the vote, sending most of the crowd of 70 assembled at General Wayne Elementary School home early.

But not before RHF Acquisitions attorney Edmund Campbell rushed to the microphone.

“This settlement agreement has been negotiated for over a year,” Campbell said, his voice booming. “At the last minute, we were asked for additional concessions. We immediately replied today with a letter, addressing those concessions, and accepting changes that [Willistown Solicitor] Mr. O’Keefe proposed. My client needs to make sure that the township understands that the deal is off if the settlement agreement is not approved tonight.”

Supervisors tabled it anyway.

If adopted, the settlement would have ended litigation between the Township and Rock Hill Farm Acquisitions LLC – developer Brian O’Neill’s company – which sued after the Township denied its plans to develop two parcels off Rock Hill Road: a 24-acre lot and a much larger, 222-acre one.

The lawsuit had already gone O’Neill’s way once. In a July 15 opinion, a Chester County judge ruled that Willistown Township improperly applied its own zoning ordinance in denying the application, clearing the way for O’Neill to move forward with final land development plans. The Township shot back with an appeal of that ruling in August.

O’Neill’s vision for the property has shrunk considerably since he paid $25.5 million for the 246-acre estate in 2021. He originally floated as many as 39 luxury homes. Under the settlement that was on the table before those last-minute potential changes, the 222.1-acre main tract would be split into 18 residential lots plus one conservation lot, with up to 20 new dwellings allowed. Lots would range from about four to 27 acres, and 166.58 acres – 75 percent of the tract – would be permanently protected by a conservation easement held by the Willistown Conservation Trust. Further subdivision would be barred.

The Save Rock Hill Farm neighbors’ coalition rallied its troops to attend the meeting.

“This … is about more than open space,” its leaders wrote on social media. “It affects the entire township and, in particular, how we make deals with developers. Why do we have a township code if we let developers dance around it?

“This code was adopted and put in place to set standards for development, zoning, districts, historic resources, allowable uses, lot sizes, housing density, preservation of open space, natural resources, water quality, stormwater management, traffic and more. Our comprehensive plan and our code – both of which were thoughtfully created –should not be ignored. Developers should not get to pick and choose which parts they want to apply and which parts they do not. The township should stand firm and fight to defend the very code it created and the comprehensive plan which guides it.”

With the appeal underway, the Township and O’Neill’s team had negotiated the settlement supervisors had expected to vote on last night — until those “communications” took place a few hours before the meeting.

SAVVY has learned that attorney Susan Line Boswell sent the board a letter on behalf of two residents, urging supervisors not to approve the deal. Her concerns included:

• Loose ends with the lender. Mortgages against the property haven’t been formally subordinated to the settlement, meaning a foreclosure could wipe out the conservation protections the deal promises.
• The smaller parcel left out. The original lawsuit covered both parcels, but the settlement only deals with the 222-acre tract. The 24-acre parcel would instead hinge on a non-binding option for a land trust to buy it later — no real guarantee.
• Skipped review boards. Boswell says Township code requires the Planning Commission and Historic Commission to weigh in on a plan like this, and neither has.
• Open space concerns. She argued the plan’s open space is too scattered to meet zoning rules and falls short of preserving scenic views and farmland.
• Moving too fast. Overall, her letter argued the settlement was being pushed through after just one public meeting, without enough time for real community input.

Whether Boswell’s letter alone — or in combination with other communications — caused the back-and-forth that halted the vote is unclear.

One thing’s for sure: This tug of war will drag on for at least a few more weeks. The Board’s next chance to revisit a revised settlement would be at its next meeting on September 24.