Charlestown Township
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The second business meeting for November was held November 21, 2005, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Charlie Philips, Hugh Willig, Gary Bender, Esq., Mark Thompson, Esq., Surender Kohli, P.E., Tom Comitta (arrived 9:15 PM), Linda M. Csete, Township Administrator, and those on the attached list were present.
The meeting was called to order at 7:35 P.M.
Mr. Kuhn announced that executive sessions were held before and after the November 7, 2005 meeting and at 6:30 P.M. prior to this evening’s meeting to discuss legal, personnel and employee matters.
No matters were brought forward at this time.
Mr. Rodgers moved to approve the November 7, 2005 minutes, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none called the vote. All were in favor.
Elizabeth Witmer, Esq. was present to provide an overview of the zoning hearing board application for Subdivision Services, which is an appeal from denial of three building permits for billboards on their property at the northeast corner of Phoenixville Pike and Yellow Springs Road. The permits were denied as untimely and for failure to comply with condition #2 of the conditional use approval. The applicant asserts the permits were timely and did comply with all conditions. Mr. Rodgers moved to appoint the township solicitor to represent them to oppose the appeal and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none called the vote. All were in favor.
Elizabeth Witmer, Esq. was present to provide an overview of the zoning hearing board application for Bala Investments Inc. which seeks a variance from ordinance sections 1504.B and 403.F.1. to allow for an open space configuration in which 40% of the open space must have a minimum width of 150 feet. Their space is just short of the requirement by .03 acres, yet is in the configuration preferred and recommended by the Planning Commission, as it correlates to the road alignment they prefer. Mr. Rodgers moved to take a position of support for the application, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. Four were in favor, and Mr. Willig was opposed, stating that he preferred to take a neutral position. There was some discussion on whether the stormwater management basin would be above ground or underground. Ms. Witmer said the plans show it as a pond with recharge underneath. Mr. Allen said the Planning Commission’s understanding was that the basin was to be underground, and the supervisors stated their desire to see it designed as such. Ms. Witmer will communicate their concerns to the applicant.
Mr. Kuhn announced that this matter will be tabled. He said the placement of this discussion on the agenda was not intended to be a continuation of the hearing but rather to examine feedback received at the November 7, 2005 hearing so it could be taken into consideration as the Board revises the draft ordinance. The Board promised at the November 7th hearing that the revised draft would be mailed to all property owners listed in the proposed ordinance at least 30 days prior to the January 23, 2006 hearing. New comments and suggestions were requested from those present; however, none were offered. Mr. Kuhn said instead of discussions this evening, the township solicitor will be charged with making the revisions.
Mr. Rodgers moved to approve Resolution #653-2005 approving a revision to the Charlestown Township Sewage Facilities Plan to include the Charlestown Woods subdivision, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Philips moved to approve check #3892 to Bridget Comaskey for a clean out of the Brightside Farmhouse this past weekend to prepare for new tenants, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Philips moved to approve the final escrow release for Michael Allen’s subdivision in the amount of $9,225.00, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The proceedings were recorded by Jane Opie, Court Reporter. No testimony was given as the applicant had previously requested a continuance. The hearing was continued to December 19, 2005, subject to a request to be made of the applicant for an open-ended continuance.
Mr. Thompson opened the hearing for Robal Associates, and the proceedings were recorded by Jane Opie, Court Reporter. James Tupitza, Esq. represented the applicant. Mr. Bender presented Mr. Kohli as a witness for testimony and cross examination.
The hearing was continued to February 27, 2006 at 7:30 P.M. in Room 154 of the Great Valley Middle School.
Mr. Thompson opened the hearing and marked the following Exhibits for the record:
The application is for an amendment to the Zoning Ordinance that would add lighting regulations to Article XVI, General Provisions.
Mr. Thompson asked for comments from those in attendance, and a question on whether the ordinance can be enforced retroactively was posed by Regina Notar. Mr. Kohli responded that while the newly adopted ordinance refers primarily to new construction and commercial buildings, there is existing language in the Zoning Ordinance under Section 1616.G that requires glare control and can be enforced to address concerns over existing lighting that disturbs neighboring properties. There being no further questions or comments, Mr. Thompson closed the hearing.
Mr. Rodgers moved to approve the motion with a correction of two typographical errors that reference Section 1618.D that should reference Section 1619.D. and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Thompson opened the hearing and marked the following Exhibits for the record:
The application is for an amendment to the Zoning Ordinance that would add three new definitions for “Cabana”, “Guest House” and Quarters for Guests and Servants”. It would add Cabanas and delete “bath houses” and “quarters for guests and for servants” and create a new subsection which regulates quarters for guests and servants by conditional use.
There were no comments or questions from those in attendance, and Mr. Thompson closed the hearing.
Mr. Rodgers moved to approve the motion with the addition of the word “property” before “line” in Section 2 of the proposed ordinance referencing Section 1607.A.3. Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn announced that the Board would go into executive session following the meeting. He adjourned the meeting at 10:30 P.M. The next meeting is scheduled for December 5, 2005, 7:30 P.M. in Room 154 of the Great Valley Middle School.