Charlestown Township
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The first business meeting for December was held December 4, 2000 at the Great Valley Middle School. Irene W. Ewald, Chairman, Hugh D. Willig, Vice Chairman (arrived later), Kevin R. Kuhn, Michael J. Rodgers, Thomas F. Oeste, Esq., Surender S. Kohli, P.E., Ed Theurkauf, Planner, Linda M. Csete, Township Secretary and those on the attached list were present.
The meeting was called to order at 7:55 P.M.
Mrs. Ewald announced that she and Mr. Kuhn attended the settlement proceedings for the purchase of the 55-acre Pyle farm on Yellow Springs Road. Trails have been mowed for public use and will be improved in the spring.
Mrs. Ewald said Mr. Hogan is away on business in Germany and will be absent this evening. Mr. Willig is expected to arrive late.
Mr. Kuhn announced that he attended an intermunicipal meeting in West Vincent Township, where a discussion was held on joint planning commissions. He said the advantage is that a joint relationship can diminish the possibility of curative amendment challenges by helping to resolve fair share issues. For example, a partnership between Charlestown and Phoenixville Borough would allow Charlestown to count the high density housing in Phoenixville and Phoenixville could count the industrial zoning in Charlestown toward their fair shares. Mrs. Ewald said East Whiteland Township continues to express an interest in discussing this issue with Charlestown.
Marjorie Crawford asked for the Township’s policy on hunting in open space along the Pickering Creek behind Charlestown Hunt. Mrs. Ewald responded that no hunting is permitted on Township property and that all areas are posted, including the newly purchased Pyle property. Any resident may report shooting from Township open space to the State Police.
Mr. Rodgers moved to approve the November 20, 2000 minutes as revised 11/27/00, and Mr. Kuhn seconded. Mrs. Ewald called for discussion from the Board and then the Public. There being none, she called the vote and all were in favor.
Mrs. Ewald moved to approve the Treasurers’ Report for November 1 - 30, 2000 and Mr. Kuhn seconded. Mrs. Ewald called for discussion from the Board and then the public. There being none, the vote was called and all were in favor.
Mr. Kuhn moved to approve the Accounts Payable Report for December 4, 2000 and Mrs. Ewald seconded. Mrs. Ewald called for discussion from the Board and then the public. There being none, the vote was called and all were in favor.
Mr. Kohli said he is following up on final arrangements for Bridge 178, and Mrs. Ewald added that the dedication ceremony scheduled for December 17, 2000 is still on target.
Mr. Kohli said that he issued a building permit for a new home on the Jordan property, at which the former house was destroyed by fire some time ago.
Mr. Kuhn asked for the status of the Moskowitz permit for a single family house on Union Hill Road. There was some concern from a neighbor about tree clearing. Mr. Kohli said that the permit has been issued and the work is proceeding. Tree clearing was done well within the property as permitted and the neighbor has been satisfied in this regard.
There was no one present from the Planning Commission to report.
Mrs. Baldwin stated that her report is on file. The Commission recently reviewed the McCarthy plans for an addition to their historic home in the Middle Pickering Rural Historic District. There will be no December meeting, and the next meeting will be held on January 16, 2001 at the Township office at 4:00 P.M.
Mr. Faggioli said the new contractor will begin a clean up of the township yard tomorrow in order to prepare for the delivery of a storage shed. Mr. Kohli will work on a site plan so a building permit for the shed can be on file. He asked if it might be possible to obtain electric service at the Township yard for charging equipment, namely the contractor’s rubber tire loader. Mr. Kohli said PECO would probably provide service from the transformer on White Horse Road, but a long line would be needed to run to the property from there. In the meantime, Mr. Faggioli will speak with Tom Fillippo about a temporary arrangement for electric service at the Devault Building.
Mr. Faggioli reported that graffiti has begun to reappear on Union Hill Road.
Mrs. Ewald said the leaf cleaning on selected Township roads was very good and she’s heard positive comments from a number of residents. Mr. Faggioli said that a contractor owning the proper equipment was hired for this job at a total cost of approximately $1,300.00. He said this leaf pick up should also be done on Howells Road due to the slopes that make a build up of leaves hazardous. The Board agreed to rent the equipment for an additional half day.
A Charlestown Oaks resident asked for the status of her request for yellow line painting on Yellow Springs Road. Mr. Kohli said that the developer has arranged with his contractor to do the line painting.
Mr. Faggioli said he’s begun installing vertical road name lettering on sign poles in order to keep the name visible if the sign itself is stolen as has been frequently occurring throughout the Township.
Mr. Faggioli thanked Mr. Rodgers for overseeing the paving work on Blackberry Lane and Newcomen Road.
Mr. Alston reported four automatic alarms, one being a twenty-time offender this year alone, one gas leak, one wires fire, one medical assist and three vehicle accidents. He also checked three reports of open burning and attended a Pennsylvania Emergency Management seminar.
He met with the solicitor concerning the new fire control ordinance and hazardous materials reporting and storage ordinance. They should be ready for a hearing shortly.
No report was provided.
No one was present from the VFSA board to report.
Sue Staas reported that the last meeting was postponed until after the holidays. She said Chester County Planning Commission Director Bill Fulton had promised a draft letter would be copied to area townships for their sign off and support. The letter was to be sent to the Turnpike Commission requesting they engage a consultant to answer the CCPC’s outstanding questions. The letter was sent, but not circulated to the townships first due to time constraints. Mrs. Staas requested that the Township send its own letter of support of Mr. Fulton’s request to the Turnpike Commission. Mr. Kuhn agreed to do so and to communicate with neighboring townships requesting the same.
Mrs. Ewald said the draft decision incorporates and documents the representations made and agreed to in the hearing process. Mr. Oeste corrected a typo in the draft decision. Mrs. Ewald moved to approve the draft decision granting the conditional use application and Mr. Kuhn seconded. Mrs. Ewald called for discussion from the Board and then the public. Mrs. Baldwin asked where the subject property is located, and Mrs. Ewald gave a description. She then called the vote and all were in favor.
Mr. Kuhn moved to approve the draft decision granting the conditional use application and Mrs. Ewald seconded. Mrs. Ewald called for discussion from the Board and then the public. Mrs. Baldwin asked where the subject property is located, and Mrs. Ewald stated Dobbs Lane. She then called the vote and all were in favor.
(Mr. Willig arrived at this time.)
Mr. Rodgers asked if the bid bond was in place for the apparent low bidder and the Secretary responded yes. Mrs. Ewald moved to award the paving bid to Associated Paving Inc., whose bid for the two phases of trail paving totaled $96,707.00. Mr. Kuhn seconded. Mrs. Ewald called for discussion from the Board and then the public. There being none, she called the vote and all were in favor. A resident asked for details on the trails, and Mrs. Ewald responded, adding that the system will eventually tie in to additional trails at the adjacent Valley Forge Christian College.
In a letter dated October 7, 2000, the Charlestown Hunt Homeowners’ Association requested a waiver from the developer’s requirement to provide 14 picnic tables as shown in the approved plans for the common areas. The waiver is requested due to the location of these areas and patterns of current use. Instead, the Homeowners Association would like to have these funds placed in an account to be used for other community improvements. Mrs. Ewald suggested that the Board request an outline of alternative uses from the Association before considering the request. The Secretary will draft a letter to the Association to this effect.
Mr. Kohli said that the applicant must submit revised plans to the Planning Commission in order to conform to the conditional use approval granted this evening. Mr. Stoudt granted the Township an extension to March 6, 2001 for their decision.
The Secretary said that although promised by Bill Santoro earlier today, no letter granting a review period extension to the Township was received at the Township office today, or by the Township solicitor. Mr. Kohli said the applicant must submit revised plans before the review can proceed further. Mr. Kuhn moved to deny the Late Spring Developers land development plan for Lot 2 of the Glen Brae subdivision on Phoenixville Pike subject to the receipt of a letter granting the Board an extension to March 6, 2001 for their decision. Mr. Willig seconded, and Mrs. Ewald called for discussion. There being none, she called the vote and all were in favor.
Frank Iacobucci Jr., Dan DiMucci, P.E., Louis J. Colegreco, Esq. and Frank Iacobucci Sr. were present to discuss the final revised plan for Charlestown Oaks. Mr. Iacobucci (Jr.) distributed a memo last revised 12/4/00 which outlines the differences in the revised plan as compared to the existing approved plan and why he feels they are an improvement. The plan would reduce the number of units from 288 to 252, mainly through the elimination of one cul de sac. The remaining cul de sac, which had originally shown townhouses on only one side, would now have them on both sides. Areas of disturbance would be outside of the wetlands and further from residents in East Whiteland Township. He stated that the proposed revisions were triggered by a request from the DEP to consider alternatives prior to their issuance of a grading permit for the existing approved plan for Phase II. Since this time, July 1999, the applicant met with the Township Planning Commission, Mr. Theurkauf, and Mr. Kohli, all of whom recommended the revised plan.
Mr. Willig asked for the current status with the DEP. Mr. Iacobucci responded that they’ve received approval from the Chester County Conservation District subject to obtaining the required N.P.D.E.S. permits, which are expected to be issued later this week.
Mrs. Ewald said the revised plan shows infringement on very steep slopes, a prohibited use in the Township. Mr. Theurkauf said the reconfiguration decreases the overall site disturbance, and Mr. Kohli added that the previous approved plan encroached more on these slopes. He said he’s spoken with the Township solicitor and the Planning Commission on this issue. Mr. DiMucci said the original plan as approved showed disturbance on .5 acres of very steep slopes, and the revised plan has reduced this to .25 acres. Mrs. Ewald said the cul de sac, now with houses on both sides, is a very sensitive area of great concern. Mr. Oeste asked if there will be any disturbance in the slopes south of the retaining walls, and Mr. Iacobucci said no. Mrs.
Baldwin asked if the applicant has spoken with the Charlestown Oaks Homeowners Association. Mr. Iacobucci said that he has spoken to both that group and the East Whiteland group, C.R.E.W. and they are happy with the changes.
Mr. Rodgers asked about the retention basin under the tennis court and why this was moved. Mr. Iacobucci said it was moved in order to be positioned further from wetlands. Mr. Rodgers asked about the engineering of the basin, and Mr. Iacobucci said it would be an underground system similar to the designs of basins in Phase I. Mr. Kohli said the geotechnical analyses have been performed and are satisfactory.
Mrs. Ewald said she appreciates the efforts of the applicant to improve the plan but still has serious concerns and believes the Board needs time to meet with the Township consultants in order to satisfy that the intrusions into very steep slopes and the buffer between the proposed disturbance and the wetlands are acceptable.
Saul Kun made a statement that construction in very steep slopes (over 25%) is prohibited by the Township ordinance. He believes that this prohibition and others in the zoning ordinance are being eroded through the granting of conditional uses and variances. He said it’s time for the Board to take a stance of zero tolerance to these requests and that they should deny this application.
Joy McDonald said she lives below Charlestown Oaks at the bottom of the creek, and asked how the water will be handled. Mr. DiMucci said the actual basin has been carefully engineered and has been reviewed by the Township Engineer. Close monitoring during construction by geotechnical engineers and the township will be undertaken, as will monitoring after completion. Mrs. McDonald asked about the rate of water release. Mr. DiMucci said the flow is released at an extremely low rate, controlled by the sizing of the basin and substantiated by their calculations. Mr. Iacobucci said the basins are subsurface recharge basins approximately 12-14 feet deep. They’re similar to the basins in Phase I, which have worked perfectly with no complaints by residents below the development.
Mrs. Ewald asked for an extension of time in which to make a decision. Mr. Iacobucci questioned the need for more time, stating that the plan has been in review with the Township for over a year and that the Board gave conceptual approval of the modifications in December 1999. Mr. Colegreco likewise objected to the delay, but after some discussion the applicant agreed to grant an extension to December 18, 2000 with a snow/emergency date of January 1, 2001.
William Handy, Court Reporter, took the proceeds. The hearing was continued to January 22, 2001, with a snow/emergency date of February 5, 2001 or the next regularly scheduled meeting.
Paul McCarthy and Peter Zimmerman, Architect, were present to discuss a proposed addition to the McCarthy residence on Church Road. The house is on the historic register and has a stream running underneath it. The stream causes any addition made to the house to encroach on the required setback from high ground water areas, necessitating a zoning variance prior to building permit approval. Mr. Kohli added that an additional variance is needed since the addition will be over 50% of the size of the original structure. Mr. McCarthy referenced letters from Janet Baldwin, Chairwoman of the H.A.R.B. and from Dale Frens, the township’s Historical Architectural consultant. Both letters indicated they had no objections to the plan. After some discussion, the Board agreed to communicate to the Zoning Hearing Board that they have no objection to the plan, but advised the applicant that the Zoning Hearing Board must review the application on its own merits. Mr. Kuhn said he appreciated the sensitivity of the proposed plan.
The Secretary gave a brief summary of her memo dated 11/1/00 outlining discrepancies in the term expirations for members of the H.A.R.B. that came about when the H.A.R.B. and Historical Commission were combined several years ago. In accordance with the memo, Mr. Rodgers moved to extend the terms of Charlie Philips and Surender Kohli for two years so they expire 12/31/01. Mr. Kuhn seconded. Mrs. Ewald called for questions from the Board and then the public. There being none, she called the vote and all were in favor. Mrs. Baldwin said both are valuable members of the H.A.R.B.
Mrs. Ewald asked how much will be left in escrow if the four releases tonight are approved. Mr. Kohli responded that over $982,000 will remain, and that the project is complete with the exception of a few landscaping issues.
Mr. Willig moved to approve Escrow Release #10 Phase I for Charlestown Hunt and Mr. Rodgers seconded. Mrs. Ewald called for questions from the Board and then the public. There being none, she called the vote and all were in favor.
Mr. Kuhn moved to approve Escrow Release #4 for the Recreation and Fitness Center and Mr. Rodgers seconded. Mrs. Ewald called for questions from the Board and then the public. There being none, she called the vote and all were in favor.
Mrs. Ewald moved to approve Escrow Release #4 Phase 4 and Mr. Kuhn seconded. Mrs. Ewald called for questions from the Board and then the public. There being none, she called the vote and all were in favor.
Mrs. Ewald moved to approve Escrow Release #4 Phase 4 and Mr. Kuhn/Mr. Willig seconded. Mrs. Ewald called for questions from the Board and then the public. There being none, she called the vote and all were in favor.
Mr. Kuhn asked if all issues with the emergency access road had been worked out, and Mr. Kohli responded yes.
Saul Kun made a request that the Board request permission from PennDOT to erect a stop sign at the intersection of Whitehorse Road and Ashenfelter. Mr. Kuhn said the Board looked into this earlier, and since the intersection is partially in Schuylkill Township, their agreement must be obtained as well. At the time of this earlier inquiry, Schuylkill Township was not in favor of a stop sign at this location. Mrs. Ewald said she’d contact Schuylkill to ask if they have any alternative suggestions for improving safety conditions at this location.
Saul Kun said that painted white crosses have appeared on Whitehorse Road, including one in front of his driveway that he’d like to see removed. They’re used for positioning during aerial photography. Mr. Kohli said there’s no way of knowing who is responsible as there could be any number of possibilities.
The meeting was adjourned at 10:00 P.M. The next meeting will be held on December 18, 7:30 P.M. at the Great Valley Middle School.