Charlestown Township
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The first business meeting for December was held December 4, 2006 at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Charlie Philips, Paul Hogan, Hugh Willig, Mark Thompson, Esq., Surender S. Kohli, P.E., Linda M. Csete, Township Administrator, and those on the attached list were present.
The meeting was called to order at 7:32 P.M.
Mr. Kuhn said he, Mr. Hogan, Mr. Rodgers and their wives attended the Valley Forge Christian College President’s dinner and concert on December 2nd and it was a wonderful event. He said the VFCC is a great asset to the community.
No matters were brought forward.
Mr. Rodgers moved to approve the November 20, 2006 minutes and Mr. Willig seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.
Mr. Rodgers moved to approve the November Treasurer’s Report and Mr. Willig seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.
Mr. Rodgers moved to approve the December 4, 2006 Operating Fund Accounts Payable report and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.
Mr. Rodgers moved to approve the December 4, 2006 Open Space Fund Accounts Payable report, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to accept the monthly reports as submitted, and Mr. Philips seconded. Mr. Kuhn called for discussion. Mr. Hogan said he had an update on work at the Brightside Farm, and Mr. Kuhn suggested discussing this under New Business. Mr. Philips asked for an update on the Traditional Neighborhood Design (TND) Ordinance under review by the Planning Commission, and Mr. Kuhn said they last met on Saturday and are moving forward as fast as possible.
Mr. Kuhn called the vote and all were in favor.
Mr. Thompson opened the hearing for Denyce Rhoad’s 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 |
The following items were entered into the record by the Applicant:
| • | A-1 | Conditional Use Application |
| • | A-2 | Booklet of Information Dated Nov. 20, 2006 entitled “Proposal for Bed and Breakfast Inn”, 31 pages |
Mrs. Rhoad gave testimony.
The hearing was closed. Mr. Willig moved to approve the conditional use application to permit the operation of a Bed & Breakfast as an adaptive reuse of the Bell & Clapper, subject to any additional approvals for ADA compliance required by Pa. Labor & Industry. In addition, his motion included the Township’s support of any petition to L & I. Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor. A written decision will be provided within 45 days.
Mr. Kuhn said he spoke with Manager Terry Woodman from East Whiteland Township about the possibility of joining their inter-municipal UCC Board of Appeals. The Board agreed to look into this further and directed the Secretary to contact Ms. Woodman to determine the next step.
Mr. Philips asked for the status of the Township’s request for a historic resources report on Spring Oaks Farm. Mr. Townes of J. Loew and Associates was present, and said he has requested a proposal from Frens & Frens but hasn’t heard back yet. He will follow up.
Mr. Philips asked for the status of this ordinance. Mr. Thompson said he is still working with the Planning Commission on how to proceed with a draft.
Mr. Philips asked for the status of several potential open space easements. Mrs. Gerhard said she’s been working with Frank Piliero and has spoken to Michael Bowell. Mr. Kuhn said both he and Mrs. Gerhard have spoken to George Bullard about the former Lindgren property. He said he will follow up.
Mr. Kuhn said the bids on the interior walkway have been advertised, and the Secretary confirmed that four people picked up bid packages. Mr. Kohli said only one of them attended the pre-bid meeting at 2:00 PM today, but noted the meeting was not mandatory. Bids will be opened on December 18th. Mr. Kuhn asked if the lights had been installed yet, and Mr. Willig said yes, they are in working order.
The Applicant, Frank Butler was not present. He is seeking approval for the construction of a single family home on an undersized lot in the R-1 district on Benburb Road. The creation of the lot predates the current zoning regulations for lot size. Mr. Kohli said it’s uncertain whether this is a separate building lot or was combined with the adjacent lot. Mr. Rodgers made a motion to send representation to the Zoning Hearing on December 14th to oppose the application. Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Tim Townes of J. Loew & Associates was present to provide an overview of his Zoning Hearing Board Application seeking approval for the construction of a non-residential driveway through very steep slopes at the corner of Charlestown Road and State Road (Route 29) for a proposed office building. He said whether or not they go forward with this particular plan or some alternative, they would need this access. Mr. Townes said originally they had also applied for conditional use approval for traversing steep slopes but were able to reconfigure their plan in such a way they were able to avoid the slopes and withdraw that application. However, they can’t avoid crossing the very steep slope area for the driveway access from Charlestown Road as there is no viable alternative. Moving further up the hill would place their access too close to the Elementary School entrance, and further down the hill would be too close to the intersection with Route 29. The driveway will be at the same level as Charlestown Road, with the proposed building about seven feet below road level. The driveway will be 15 feet wide and 260 feet long. Mr. Townes explained that most of the slope was manmade by PennDOT.
Mr. Philips asked how far the proposed access is from the intersection with Route 29, and Mr. Townes approximated 400 feet. Mr. Philips asked for the location of the power lines, and Mr. Townes said the access point is just below them.
Mr. Kuhn asked how this access would apply if the area was changed to a TND. Mr. Townes said they would need this second access regardless. Mr. Kuhn asked why two access points are needed, and Mr. Townes said that the proposed building is 150,000 square feet, and for a building that size, the Township would want a second access for emergency services. Mr. Kuhn was concerned about egress, particularly at the afternoon rush hour when a left turn onto Charlestown Road would be virtually impossible. Mr. Townes said PennDOT may disallow left turns at certain hours of the day, but this access would still serve as ingress from both directions and an egress for those turning right.
Mr. Kuhn asked for the Planning Commission’s assessment of the zoning hearing application. Mr. Townes said he hasn’t discussed it with them to receive a recommendation, although Mr. Kohli noted they did see the sketch plan. The zoning hearing is scheduled for December 14th.
Mr. Rodgers asked if J. Loew & Associates has eliminated the possibility of an age restricted community on this site, and Mr. Townes said no.
Mr. Philips moved for the Board to take a neutral position toward this application and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Wendy McLean, Esq., Dave Beideman, P.E., Father Joseph Butz and members of the Parish Council were present to provide an overview of a Zoning Hearing Board Application seeking approval for the construction of a church in the Industrial/Office District, a non-permitted use that will also encroach on very steep slopes. Ms. McLean said they have been to the Planning Commission several times. The property is located on Phoenixville Pike across from Spring Mill Drive and the future Pet Hotel. There are two existing warehouses on the adjacent property to the Northwest. She described the site as heavily wooded. The following variances are requested:
Mr. Philips asked if there isn’t a better property available with less constraints. Ms. McLean said they have been searching for about two years, and had another possibility but couldn’t meet the price. She said churches aren’t a permitted use in many zoning districts now. In Charlestown, they are only permitted in the NC district, and there’s not much land available, and even if there was, the price would be too high. She said the site they have in mind is about 10 acres in size, and little can be used without obtaining variances. Mr. Beideman said they propose a linear design to the building that tries to minimize impacts on slopes. The use variance being sought is the only variance that any other proposals wouldn’t also need. Mr. Philips said he has no problem with the use, but is concerned with the number of other variances. A good deal of the site will be destroyed. Ms. McLean said the lot is nonconforming, and such a lot wouldn’t be created today under current ordinances. Mr. Kuhn said he agreed with Mr. Philips, but noted that the variances will dictate the intensity of use. Mr. Kohli agreed.
Mr. Beideman said the building would have two components. The sanctuary is oriented east-west, which is customary for the faith, and is connected to a fellowship hall/Sunday school area by a two-story corridor. Each building is about 80-85 feet long. The height is fifty feet from the lowest elevation to the peak, which is an octagonal cupola. There will be 26% impervious surface coverage on the site.
Mr. Philips said he is opposed to above-ground basins and this one will be particularly unsightly in the front yard near the street. Ms. McLean said the basin has to handle not only the water from the proposed construction but also water coming from the Turnpike. Even a building half the size as that proposed would need the same size basin. Mr. Kuhn asked if future widening of the Turnpike would impact this site, and Ms. McLean responded no, that the Turnpike has sufficient right of way for widening. Mr. Kohli said the Turnpike Commission would be required to handle any additional water run off caused by improvements, but would not have to address existing conditions. Ms. McLean said they will have some stormwater management under the parking lot, but can’t manage all of it that way.
Mr. Churchill noted that the Planning Commission saw the plan three times, and they modified the parking considerably per the Planning Commission’s recommendations, in order to minimize impact.
Ms. McLean said the entrance cut is the only location that meets sight line distances because of vertical curves in Phoenixville Pike.
Mr. Hogan asked how many parishioners there are, and Father Butz said there are 30 families, with an average of 70-75 attendees per Sunday.
Mr. Kuhn asked if Mr. Kohli had any major issues with the application, and Mr. Kohli responded, just a general concern over the number of variances, requiring more control in the design. He recommends reducing the parking. Ms. McLean said they’d be glad to stage the parking as much as possible. They could use shuttle buses from other nearby lots if there was a special event requiring more parking. Mr. Rodgers asked if the Planning Commission was concerned with the number of variances, and Mr. Churchill said yes, but added they felt this was an excellent use for the site and they recommended it. Their main concern was for the number of parking spaces, although the church representatives assured them they wouldn’t construct more parking than they needed.
Mr. Philips moved to express the Board’s support of the use for the site and remain neutral on the other variances requested. Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Dave Gifford, Esq., Dave Fiorello, Eddie Scott and Michael Churchill were present to provide an overview of their Zoning Hearing Board Application seeking approval to allow an existing springhouse to be closer than 20 feet to a proposed lot line. Mr. Gifford distributed notebooks outlining the application as well as the conditional use application that has also been submitted for this two lot subdivision. He said the lot line change is proposed in order to create a more logical lot configuration. It would extinguish a strip of land alongside lot 6 that now belongs to lot 1, and move one line back to include the existing meadow up to the woodland for a visual break that coincides with the property line. He said the springhouse, which houses a well, is presently located on Lot 1 but actually serves Lot 6. In the past, it also served the two “Stonorov” steel houses that have since been removed from Lot 1. The Churchill’s, owners of Lot 1, had an easement allowing them use of the well. The lot line change will place the springhouse on Lot 1, but will be within the side yard setback. The prospective buyers of Lot 1 preferred the proposed configuration because they want a larger area around their driveway for landscaping. Both lots have conservation easements limiting development. Mr. Rodgers said there is already an easement in place for the well and asked why it should be changed. Mr. Gifford said the easement is a limited easement, for the use of the well only, not the springhouse. It creates a maintenance issue. The Churchills also felt there would be more historic continuity to keep the springhouse with their house on Lot 6.
Mr. Philips moved for the Board to recommend approval to the Zoning Hearing Board and Mr. Kuhn seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn referred to the Certificate of Appropriateness drafted by HARB Chairman Rosemary Philips, in which the HARB supports the proposed demolition and reconstruction of the circa 1926 center section of the former Armstrong house and removal of a shed and single car garage attached to the barn on the property at 35 Charwyn Lane. Mr. Kuhn said the proposed replacement is designed in the Oakie style and asked if the original was. Mr. Philips said yes.
Mr. Kuhn moved to approve the Certificate of Appropriateness for Charwyn Farm and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The Secretary stated that on May 25, 2006, the Township received an application from Michael & Carolyn Desfor requesting that their 46 acre property at Merlin and Yellow Springs Roads, tax parcel #35-3-7, be added to the Township’s existing Agricultural Security Area. The Board had previously indicated their agreement that the land is suitable for inclusion and opted against initiating the formal hearing process for the application and instead took a second option permitted under the Act, which is to wait 180 days before adding the property to the ASA map.
Mr. Rodgers moved to approve Resolution #670-06 adopting and approving a modification to the Agricultural Security Area to include Parcel #35-3-7 owned by DB Real Estate LP and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The Secretary noted 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 2006.
Mr. Philips moved to approve Resolution #671-06, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to approve Resolution #672-06 adopting the 2007 Budget and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The Secretary stated that the Township received a letter dated 11/28/06 requesting that, as participants in the Pension Plan, the Board of Supervisors ratify the appointment of a new Trustee of the Pa. Municipalities Pension Trust Fund, Edward C. Goodhart, III. Mr. Kuhn moved to ratify the appointment of Mr. Goodhart to the Pa. Municipalities Pension Trust Fund Board as a Trustee, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The Secretary indicated that due to the various timelines required by the MPC for the amendment of the Official Map Ordinance, the hearing cannot move forward on December 18th as scheduled. There is a 45-day review period provided to the Chester County Planning Commission and the neighboring townships, which won’t begin until after the township Planning Commission makes a recommendation on December 12th. The hearing was rescheduled for February 26, 2007, 7:30 P.M. at the Great Valley Middle School.
Mrs. Gerhard provided an update on her inquiries with Pennsylvania Rail Lines, the County Planning Commission and neighboring townships to coordinate efforts on a rails-to-trails conversion. She confirmed that the Railroad has not started the abandonment process yet, but the Township will have to decide ahead of time how much cost they are willing to put into the effort to acquire these parcels. There will be survey costs, bridge inspection and valuation, title searches and engineering costs. She has a meeting this Thursday with Phoenixville Borough, Schuylkill Township and East Whiteland Township to discuss forming a coalition. Mr. Philips asked if county grant money is available for this project, and Mrs. Gerhard said yes. The County will look for a resolution from the Township indicating it will set aside funds for it.
The Secretary explained that the reorganization meeting is mandated by the State to be held on the first Monday of the New Year, unless that date is a holiday. This year, Monday, January 1st is the official New Years Day holiday. Therefore, the mandated reorganization date for 2007 is Tuesday, January 2, 2007. The Board directed her to advertise the Reorganization meeting and first business meeting for 2007 for Tuesday January 2, 2007, 7:30 P.M. at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, PA.
The Secretary indicated that the Planning Commission recommended the Sound Barrier/Noise Ordinance for adoption at their November 28, 2006 meeting. Mr. Kuhn asked the solicitor if he’s comfortable with the draft ordinance, and Mr. Thompson responded yes. Mr. Kuhn said that he looked into the cost of a decibel meter and they are inexpensive. Mr. Kohli noted he needs one, and also should have a light meter to enforce the lighting ordinance. The hearing for the Sound Barrier/Noise Ordinance was scheduled for January 22, 2007 at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, PA at 7:30 P.M.
Mr. Philips asked for the status of the Jenkins subdivision. Mr. Kuhn said he owes Mr. Diehl a return call and will let the Board know the status after he speaks with him.
The Board reviewed a report from Alix Coleman listing work to be done at the Brightside Farm. The roofing for the manure pit will be ordered next year, closer to the time installation can be scheduled. The barn doors will be repaired this year and a fuse box will be replaced in the pump room. Two estimates have been received for the electrical work.
The meeting was adjourned at 9:50 P.M. The Board held an executive session following the meeting to discuss personnel matters. The next meeting is scheduled for December 18, 2006, 7:30 P.M. in Room 154 of the Great Valley Middle School.