Charlestown Township
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The second business meeting for September was held September 18, 2006 at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Michael Rodgers, Vice Chairman, Paul Hogan, Hugh Willig, Mark Thompson, Esq., Surender S. Kohli, P.E., Gary Bender, Esq., Linda M. Csete, Township Administrator, and those on the attached list were present.
The meeting was called to order at 7:31 P.M.
Gail Stewart, Union Hill Road asked if the Township has a noise ordinance that applies to the operations at the asphalt plant, which has been running through the night in recent weeks. Mr. Kohli said the restrictions on the Quarry portion of the property are not in place on the asphalt side, and their operations are grandfathered and can’t be regulated for noise or hours of operation under the zoning ordinance. They are producing asphalt for PennDOT’s overnight paving operations. Marc Kaplan, Esq., representing the Allan A. Myers Co. said PennDOT requires the plant to operate at specific times during the night.
Mr. Rodgers moved to approve the September 11, 2006 minutes and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Thompson opened the hearing to consider an ordinance to enter into a franchise agreement with Verizon Cable TV, and the proceedings were recorded by Tom Corcoran, court reporter.
The following items were entered into the record by the Township:
| • | Public Notice |
| • | Proof of Publication from Daily Local News |
| • | Draft Ordinance Authorizing the Township to Enter into a Cable Franchise Agreement with Verizon Pennsylvania Inc. |
| • | Cable Franchise Agreement with Verizon Pennsylvania Inc. |
The hearing was closed. Mr. Rodgers moved to adopt Ordinance #135-06, An Ordinance to Enter into Verizon Cable TV Franchise Agreement, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Thompson opened the hearing for the Leon and Carol Altemose Curative Amendment application, and the proceedings were recorded by Tom Corcoran, court reporter.
The following items were entered into the record by the Township:
| • | T-1 | Public Notice |
| • | T-2 | Proof of Publication from Daily Local News |
The following items were entered into the record by the Applicant:
| • | A-1 | Transcripts from the 2005 Conditional Use Hearing |
An appearance was entered by:
No testimony was given. The hearing was continued to October 16, 2006, 7:30 P.M. at the Great Valley Middle School.
Mr. Thompson opened the hearing for the Robert Joos conditional use application and the proceedings were recorded by Tom Corcoran, court reporter.
The following items were entered into the record by the Township:
| • | T-1 | Public Notice |
| • | T-2 | Proof of Publication from Daily Local News |
The following items were entered into the record by the Applicant:
| • | A-1 | Deed |
| • | A-2 | Property Owners’ Notice of Hearing |
| • | A-3 | Aerial Photograph |
| • | A-4 | August 21, 2006 Surender S. Kohli Review Letter |
| • | A-5 | Site Plan |
| • | A-6 | Curriculum Vitae of Neal J. Camens, P.E. |
| • | A-7 | D.E.P. General Permit |
The following witness gave testimony:
Following the completion of testimony, the hearing was closed. A decision will be rendered within 45 days.
Mr. Thompson opened the hearing for the Allan Myers Curative Amendment Application and the proceedings were recorded by Tom Corcoran, court reporter.
The following items were entered into the record by the Township:
| • | T-1 | Copy of Public Notice |
| • | T-2 | Proof of Publication from the Daily Local News |
| • | T-3 | Letter from J. Marlowe, Esq. dated 9/7/06 requesting entry of appearance |
| • | T-4 | Letter from G. Adelman, Esq. dated 8/7/06 |
The following individuals entered an appearance:
No testimony was given, but Mr. Kaplin opened a dialogue with the Board stating that he wished to meet with them to try to work out an alternative plan.
The hearing was continued to October 16, 2006, 7:30 P.M. at the Great Valley Middle School.
The Board indicated they would schedule a date to meet with Mr. Kaplan.
Mrs. Stewart said that in 1988, Ross Meyers knew what he was doing when he accepted the restrictions on the quarry property, which included converting the excavated quarry into a lake as part of the reclamation of the site. She suggested converting the property into a park after the quarry closes.
Dr. Stewart said he discussed with Vincent Kling and the other two supervisors at the time that his sale of property to the quarry company was to protect the community and keep it from becoming a landfill and to protect their water source. Mr. Kling guaranteed the land would never become a landfill as he would ensure that language was included in the covenants. Mr. Kaplan said he asked Mr. Myers about this previously, and Dr. Stewart’s recollection is not Mr. Myers’. He said if that was the understanding, the Stewarts could have protected themselves, but the recorded document doesn’t give them the right to prohibit anything on the adjacent property.
Mr. Thompson opened the hearing for the Giuliani conditional use application and the proceedings were recorded by Tom Corcoran, court reporter. No testimony was given. The hearing was continued to October 16, 2006, 7:30 P.M. at the Great Valley Middle School.
Mr. Thompson opened the hearing to consider a zoning ordinance amendment to Article XI, Floodplain Regulations, and the proceedings were recorded by Tom Corcoran, court reporter.
The following items were entered into the record by the Township:
| • | T-1 | Public Notice |
| • | T-2 | Proof of Publication from the Daily Local News |
| • | T-3 | Review letter from the Chester County Planning Commission |
| • | T-4 | Letter to the Chester County Law Library enclosing draft ordinance |
| • | T-5 | Draft Ordinance Amending Article XI Floodplain Regulations |
The hearing was closed. Mr. Willig moved to adopt Ordinance #136-06, Zoning Ordinance Amendment – Article XI Floodplain Regulations, and Mr. Kuhn seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Thompson opened the hearing to consider a zoning ordinance amendment to Article XVII, Expansion of Non-Conforming Use, and the proceedings were recorded by Tom Corcoran, court reporter.
The following items were entered into the record by the Township:
| • | T-1 | Letter to the Chester County Law Library dated 8/31/06 enclosing proposed Ordinance |
| • | T-2 | Public Notice |
| • | T-3 | Proof of Publication from Daily Local News |
| • | T-4 | Review Letter from the Chester County Planning Commission dated 9/1/06 |
| • | T-5 | Draft Ordinance Amending Article XVII – Nonconforming Buildings, Structures, Uses and Lots |
The hearing was closed. Mr. Rodgers moved to adopt Ordinance #137-06, Zoning Ordinance Amendment – Article XVII Expansion of Non-Conforming Use, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to authorize funding the employee pension plan for 2007 in the amount of the minimum municipal obligation to be provided by Trustees Insurance, and including this amount in the budget for 2007. Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to authorize payment of the September 1-30, 2006 payroll in advance of the meeting on October 9, 2006 since the meeting is being held a week later than usual. Mr. Kuhn seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The meeting was adjourned at 9:25 P.M. The next meeting is scheduled for October 9, 2006, 7:30 P.M. in Room 154 of the Great Valley Middle School.