Charlestown Township
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The second business meeting for December was held December 20, 2004, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Hugh Willig, Charlie Philips, Surender Kohli, P.E., Tom Oeste, Esq., Glenn Diehl, Esq., Gary Bender, Esq., Linda M. Csete, Township Administrator, and those on the attached list were present.
The meeting was called to order at 7:30 P.M.
Mr. Kuhn announced an Executive Session had been held prior to the meeting to discuss legal and real estate matters.
Mr. Rodgers moved to approve the December 6, 2004 minutes, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Willig moved to approve the December 20, 2004 General Fund Accounts Payable report, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Hogan moved to approve the December 20, 2004 Open Space Improvement Fund Accounts Payable report, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The proceedings were recorded by Tom Corcoran, Court Reporter. Mr. Oeste opened the hearing and listed the following exhibits:
| • | B-1 | Copy of Resolution 635-04 of the Board of Supervisors of Charlestown Township adopted November 15, 2004 scheduling hearing on proposed zoning ordinance and amendment. |
| • | B-2 | Copies of letters dated November 16, 2004 to all property owners within the area proposed to be rezoned. |
| • | B-3 | Copy of letter of Tom Oeste with proposed Ordinance to Chester County Planning Commission dated November 18, 2004. |
| • | B-4 | Copy of Memorandum of Linda Csete to Michael Allen, Chairman, and members of the Charlestown Township Planning Commission dated November 19, 2004 enclosing draft Ordinance and requesting review. |
| • | B-5 | Copy of letter dated November 24, 2004, of Tom Oeste to Chester County Law Library enclosing attested copy of proposed Ordinance and Public Notice. |
| • | B-6 | Copy of letter of Tom Oeste dated November 24, 2004 to Daily Local News enclosing Public Notice of and the full text of the proposed Ordinance and requesting publication. |
| • | B-7 | Proof of Publication from the Daily Local News. |
| • | B-8 | Letter of Chester County Planning Commission to Linda Csete dated December 9, 2004. |
| • | B-9 | Verification of Posting of Mark Cabot. |
| • | B-10 | Copy of proposed Ordinance and Zoning Map. |
Mr. Diehl gave a presentation of the ordinance. Public comment was received from the following individuals:
There being no further comment, Mr. Rodgers moved to close the hearing and reconvene the meeting. Mr. Philips seconded, and all were in favor.
Mr. Philips moved to adopt the ordinance as written, and Mr. Hogan seconded. Mr. Kuhn called for discussion.
Mr. Willig asked if the adoption would change the status of Devault Foods to that of a non-conforming use, or was it one currently. There was some discussion on the question, with Mr. Nagel stating his position that the Township has treated it as a conforming use in the past, allowing expansion to be approved through the conditional use process rather than the zoning appeal process. He is concerned about the effect non-conformance will have on his client’s multi-year expansion plan, the first phase of which is already under consideration by the Township, which is expected to be phased in over the next 8 years. Mr. Oeste’s opinion was that the Township has treated Devault Foods as being permitted by conditional use, where additional conditional use approvals were obtained for previous expansions, so this ordinance would change its status to that of a non-conforming use. Mr. Diehl said that there are two options: one is to consider the creation of a new district for the Devault Foods properties, and the second is to deal with future expansion applications via the zoning appeals process, where the applicant would seek to obtain variance or special exception approval.
Mr. Rodgers moved to table the discussion. There was no second and he withdrew his motion. Mr. Philips was asked if he wished to withdraw his motion, and he declined.
Mr. Willig referenced Mr. Townes’ concerns that the 50 foot perimeter buffer in the proposed Residential Cluster (RC) zone doesn’t count toward the 40% open space due to a requirement that no area of designated open space be less than 150 feet in width. Mr. Diehl pointed out the 150’ minimum width is in the township’s present open space regulations. Mr. Townes suggested this matter be dealt with in subsequent amendments to the ordinance under consideration.
There being no further discussion, Mr. Kuhn called the vote, and all were in favor. Mr. Philips said the Board would now begin to look at the next phase of working with these changes, and that this new ordinance is a step in the right direction. The Board directed Mr. Diehl to provide guidance to the Planning Commission on Phase II of this ordinance process.
Mr. Oeste listed the following documents:
Mr. Rodgers moved to adopt ordinance #126-04 as written, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Oeste listed the following documents:
Mr. Oeste provided an explanation of the proposed ordinance. Mr. Rodgers moved to adopt ordinance #127-04 prohibiting demolition by neglect of historic structures and requiring a permit for demolition of historic resources by neglect.
Mr. Kuhn questioned the Planning Commission’s vote, which was 3-3 with 1 abstention. Mr. Allen said the Planning Commission members were split on the ordinance, with the three members opposed to it citing concerns that it was too restrictive.
Mr. Oeste clarified that the ordinance applies to historic structures only, not all historic resources such as ruins.
Mr. Kuhn called for further discussion, and there being none, called the vote. All were in favor.
The proceedings were recorded by Tom Corcoran, Court Reporter. Mr. Oeste opened the hearing and listed the following exhibits:
| • | B-1 | Original Conditional Use Application by Devault Foods. |
| • | B-2 | Revised Conditional Use application dated 9/28/04. |
| • | B-3 | Proof of Advertising in the Daily Local News |
| • | B-4 | Review letter from the Chester County Planning Commission dated 8/3/04 |
| • | B-5 | Review letter from Surender Kohli, P.E. dated 12/7/04 |
| • | B-6 | Review letter from Thomas Comitta Associates dated 12/9/04 |
Mr. Oeste asked if anyone would like to become a party to the proceedings. No one came forward.
Mr. Nagel called Mike Keffer, P.E. of Light-Heigel Associates as his first witness. The following exhibits were entered:
| • | A-1 | Complete copy of the Preliminary Land Development Plan, last revised 11/30/04 |
| • | A-2 | Steep Slope color sketch |
| • | A-3 | Page C-3 of the Preliminary Land Development Plan |
| • | A-4 | Page C-4B of the Preliminary Land Development Plan, Full build out of site |
| • | A-5 | Set of Photographs |
| • | A-6 | Letter from M. Keffer responding to consultants review comments, dated 12/20/04. |
| • | A-7 | Letter from M. Keffer to the Township addressing conditional use standards dated 12/20/04. |
| • | A-8 | Analysis dated 12/20/04, to be made an addendum to the application, demonstrating why the Board of Supervisors has the option of allowing encroachments onto manmade very steep slopes without requiring the grant of a variance, in part due to the fact that the encroachment is in conjunction with existing industrial operations, and in part due to the distinction between natural and manmade slopes. |
The exhibits were accepted into the record, and Mr. Oeste closed the record. The Board will make a ruling on the manmade very steep slope issue and a decision on the application, within 45 days.
The Board recessed for 10 minutes and reconvened the meeting at 10:05 P.M.
The hearing continued from November 15, 2004 and was opened by Mr. Oeste, with the proceedings taken by Tom Corcoran, Court Reporter.
Mr. Bender called the Planning Commission’s first witness, Surender S. Kohli, who testified on both the Conditional Use and PRD applications of Robal Associates. Mr. Tupitza reserved the right to rebut testimony at a later date.
Mr. Bender entered the following exhibit:
| • | PC-1 | Review letter dated 12/16/04 by Surender S. Kohli to Kevin Kuhn, Chairman, Board of Supervisors. |
Following testimony, the hearing was continued to January 24, 2005, 7:30 P.M. at the Great Valley Middle School, Room 154.
The hearing was opened and continued to January 24, 2005, 7:30 P.M. at the Great Valley Middle School, Room 154.
Mrs. Csete explained that all taxes listed on the resolution, including real estate millage, per capita, emergency management (formerly occupational privilege), real estate transfer and earned income tax, remain the same as in 2004.
Mr. Rodgers moved to approve Resolution #637-04, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mrs. Csete proposed the following actions to take place prior to year end, in order to simplify the budget for 2005.
Mr. Philips moved to direct that these changes be executed prior to 12/31/04. Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
There was some discussion over the listing of a transfer of $600,000, representing earned income tax receipts, from the Operating Account to the Open Space Account in the proposed budget. In order to avoid the confusion of listing the transfer in the budget, which gives the appearance of inflating revenue and expenditure totals, The Board agreed that the transfer will not be shown in the budget, but rather a resolution will be considered at the first meeting of 2005 that will direct the transfer of these funds from the Operating Account to the Open Space Account at the end of each quarter as they accumulate.
The 2005 Budget will be revised to reflect these agreed to changes, and in addition, the carryover figures were revised upward due to additional revenues received recently that were in excess of what had been projected.
Mr. Philips moved to approve Resolution #638-04 adopting the 2005 Budget as revised, and Mr. Hogan seconded. Mr. Kuhn called for further discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to direct the Secretary to advertise the Reorganization meeting and first business meeting for 2005 for January 3, 2005, 7:30 P.M. at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, PA. Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Kohli said everything was in order. Mr. Hogan moved to approve NVS Custom Homes Escrow Release #1 in the amount of $184,028.25, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mrs. Sue Staas, Chairman of the Charlestown Trail Committee, requested approval of two draft letters as follows:
The Supervisors agreed to have the letters prepared for signature.
Mr. Hogan moved to advertise a $1,000 reward in the local papers for information leading to the arrest and conviction of the person or persons who caused approximately $2,000 damage to the observation deck at Charlestown Park. The deck had recently been completed as part of an Eagle Scout project. Mr. Rodgers seconded the motion. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Mr. Oeste will draft the advertisement.
The Supervisors discussed several structures whose property owners should be notified of the new Demolition by Neglect Ordinance, as they are allowing their structures to deteriorate.
Mr. Kohli displayed the Jenkins Sketch Plan for the Board, and indicated suggested changes, including the increase of a buffer line to 75 feet from abutting property owners. The Board agreed this would be an improvement to the plan.
The meeting was adjourned at 11:15 P.M. The next Board of Supervisors meeting will be held at 7:30 P.M. on January 3, 2005, in room 154 of the Great Valley Middle School.