‘The deal is off’ to limit development of Rock Hill Farm, attorney threatens, as officials seek more certainty in preserving land
Willistown Township officials tabled a vote on the settlement over some uncertainties.
The “deal is off,” an attorney for a developer told Willistown elected officials Monday, as the board hesitated to accept a settlement that would preserve a great portion of Rock Hill Farm but still allow for housing to be built.
The township’s three elected officials voted unanimously to table their decision, saying there was a lack of sureties in the settlement that guaranteed it would limit the amount of development and preserve a majority of the 222 acres of rolling hills, meadowlands, and woodlands at the historic farm.
The board’s decision to hold off on agreeing to the settlement, which would conclude years of litigation over a proposal to build luxury homes on land that residents have advocated to keep as open space, drew opposition from Edmund Campbell, the attorney representing Rock Hill Farm LLC and developer Brian J. O’Neill, who purchased the land in 2021.
“This settlement agreement has been negotiated for almost over a year,” he told the board Monday. “At the last minute, we were asked for additional concessions; we immediately replied … with a letter addressing those concessions and accepting changes that [the township’s solicitor] proposed. My client needs to make sure that the township understands that the deal is off if the settlement agreement is not approved tonight.”
“I think we understand, and I can’t speak for my fellow supervisors, but I don’t have anywhere near enough information to make a decision,” board chairperson Molly Perrin responded.
Campbell did not immediately respond to a message regarding if the settlement had been withdrawn.
The officials’ concern is whether the proposed settlement, which the township presented to the public last month, would “bind certain mortgage holders” to its terms.
“Without some degree of surety there, we don’t feel that we can move forward,” said board member Bill Shoemaker. “We understand that, from the perspective of the applicant, this essentially, if they take it that way and choose not to continue, will void the agreements. So we’re back to square one.”
A Chester County judge in July sided with the developer, overturning the township’s September 2024 denial of plans to build more than a dozen homes on the property. The township promptly appealed the ruling.
Under the proposed settlement, the developer would radically scale down the plan that was before the court, preserving roughly 166 acres of the larger tract, or 75% of the land, under a conservation easement. The land would be subdivided into 18 lots, down from roughly 24, with all but one lot proposed for residential development. The one non-residential lot would be conserved as open space. The lots vary from about four acres to up to 26 acres.
Separately, the developer has offered Willistown Conservation Trust the exclusive option to buy an adjacent 24-acre property, also purchased by the developer, if the settlement agreement is approved by the township and court. The township would plan to buy it from the trust using designated open space funds, and preserve the property as open land. The board voted to approve the purchase in February, officials said, though that’s in jeopardy as part of the settlement.
A number of residents who spoke last month responded positively when the proposal came before them, but others were apprehensive.
The community had rallied together to form the group, Save Rock Hill Farm, in an effort to stave off development of the land.
“We appreciate the Supervisors’ efforts to address these issues carefully,” the group posted on Facebook after the meeting. “The Supervisors have heard the community’s substantial opposition and concerns about what could be lost if the proposal moves forward as presented.”
But as the board prepared to take a vote, there was still uncertainty.
Max O’Keefe, the solicitor for the township, said he and the counsel for Rock Hill Farm LLC discussed additional language, which was sent to the board of supervisors late Monday.
“I certainly don’t anticipate that the board had any real meaningful opportunity to review or digest those proposed changes,” he said.
The board concurred.
“I never want to be the one who’s going to rush into a decision, especially a decision that’s so much value and importance to this community,” board member Matt McCarry said.
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