Charlestown Township Board of Supervisors Business Meeting Minutes of January 3, 2022

The first business meeting for January was held on January 3, 2022, at the Great Valley Middle School, 255 N. Phoenixville Pike, in Malvern, PA.

Present

Call to Order:

7:10 p.m.

Announcements

Mr. Philips announced that about 250 students from Downingtown East and West High Schools represented the area by performing in the Rose Bowl Parade. Also Mr. Jerry McGinn, a resident, was a referee at the Fiesta Bowl.

Citizens Forum

Mr. Rubenfield asked for an update regarding Beyond Meat. Mr. Wright is pleased with the actions taken toward compliance.

• Sound buffering blankets are being installed for the rooftop to reduce noise.
• The nitrogen area will be moved to the back of the plant before March 30, 2022. This date has been pushed back a few weeks due to manufacturer restraints.
• All improvements, along with the associated contractors and schedules, are being provided in a report closely monitored by Mr. Wright.
• Mr. Thornton’s December update only listed 2-3 exceedances.
• The trailer management has resulted in quieter operations, although for now, the number of trucks does not appear to have decreased (per Mr. Rubenfield).
• The construction application has arrived complete and on time.

Approvals

Mr. Kuhn moved to approve the below reports. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

1. Minutes for the December 6, 2021, Business Meeting
2. The December 2021 Treasurer’s Report
3. The Operating Fund Accounts Payable Report for January 3, 2022
4. The Capital Fund - Open Space Projects Payable Report for January 3, 2022

Reports

Mr. Philips moved to accept the December 2021 reports #1-17 as submitted and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Old Business

Hearings

Zoning Ordinance Amendments to the NC Districts

Mr. Thompson provided background on the amendments and asked if there were any questions from those present. No one came forward. He stated that the changes made to the Ordinance were zoning changes already allowed in adjacent zones, and also there was a minor name edit. The exhibits were entered into the record.

T-1	Zoning Ordinance draft
T-2	Letter from Mr. Thompson to Daily Local News requesting public notice
T-3	Proof of Publication
T-4	Review letter from the Chester County Planning Commission dated 12/10/21

Mr. Thompson closed the hearing.

Mr. Kuhn moved to adopt Ordinance #219-22 Amending Chapter 27 of the Charlestown Township Code by amending the regulations for the NC-1 Zoning District to permit “Flex Space” as a Conditional Use, and in the regulations for the NC-2 Zoning District to permit “Laboratory for Scientific Research and Development” by Conditional Use. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Hearing to Expend Open Space Funds – Berry Property

Mr. Thompson stated that a public notice was placed for tonight’s hearing to consider acquisition of a conservation easement with the French & Pickering Creeks Trust. The Berry property easement in Charlestown Township, if obtained, will be a gain to our total percentage of protected township lands.

He stated that the 71.6-acre Berry property is comprised of parcels 35-1-13.2, 13-1-14, 35-1-15, 35-3-49.2, and 35-3-49.3 along Merlin and Pikeland Roads. He asked for public comment and there was none.

Mr. Philips moved to adopt Resolution #1004-22 to authorize the expenditure of Open Space funds to acquire an easement on the Berry property, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Old Business

Open Space Monitoring Program

Mr. Wright, Mr. Theurkauf, and Ms. Kelsey Stanton Murphy met to determine how to enforce the stormwater management ordinance in response to deficiencies noted in the latter’s inspection reports.

1. 6 of the HOA’s that have not responded quickly in the past will be contacted by Mr. Wright.
2. Specific properties are covered by the MS4 program and will not be monitored by TDP.
3. Eastwick and Whitehorse Meadows will be discontinued since they are small and low risk.
4. The Ashford development will be reduced to a yearly inspection.

Mr. Philips requested Mr. Wright submit a report to the BOS after contacting the 6 HOA’s.

Noise Monitoring Proposal Extension

Mrs. Csete referred to a proposal to extend the noise monitoring contract with Thornton Acoustics using a month-to-month contract basis. Cancelation would be obtained with a Township notice by the 20^th of the previous month. The Board suggested the contract be valid until the Township ends it.

Mr. Kuhn moved to approve the proposal with Thornton Acoustics terminating at the Township’s request, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

New Business

Request for Amendment to Approval for Commons at Great Valley Lot #1 Parking Plan

Ms. Gina Gerber, Esq. from Riley Riper Hollin & Colegreco was present to request an amendment to the land development plan for the Commons at Great Valley Lot #1 Parking Plan.

Ms. Gerber stated that due to a portion of the project being located in East Whiteland Township, the applicant was unable to meet that Township’s requirements for a 25-foot drive aisle without reducing the size of 10 of the parking spaces by one foot in length (to 17 x 9’). While Charlestown’s Subdivision & Land Development Ordinance permits this as a waiver, East Whiteland’s does not. The applicant, therefore, proposed to reduce 10 of the spaces that are located on the Charlestown side.

Mr. Willig suggested reducing two rows by half a foot, a less drastic measure, thus making 20 spaces 17.5 x 9’.

Mr. Philips moved to approve an amendment to the land development plan for the parking at Commons at Great Valley Lot #1 to allow a waiver of Section 27-1304.1.E, reducing 20 of the parking spaces to 17.5 x 9 feet, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

SMF Properties Land Development Plan

Mr. Frank Boyle discussed his Preliminary/Final Land Development Plan proposing construction of a residential apartment with a 1,248 sq. ft. commercial space and 4 parking spaces at his property on the north side of Yellow Springs Road, south of the PA Turnpike.

A note is required on the Plan to reserve parking for future needs in unimproved space per the Advanced GeoServices letter dated December 28, 2021.

The new concern of the Board was that Mr. Boyle’s project did not have a sidewalk along the road. His alternative was to use the pathway within his property, not establish an additional one along the road. But, TND3 rules were triggered when apartments were added above the garage/accessory structure. This requires a roadside sidewalk.

Therefore, this issue must come before the DRC where Supervisors hope a resolution can be found. Mr. Allen discussed TND3 requirements and Mr. Wright suggested the sidewalk be a future condition. The Board suggested Mr. Boyle and Mr. Allen finish the discussion after the meeting. His next step is to discuss the project with the DRC.

Authorize Offer to Acquire Easement of Alleva Property and Authorize Epstein Property Appraisal

Mr. Kuhn stated that the appraisal on the 2.5-acre Alleva property was comprised of parcels 35-1-13 and 35-1-13.1 at 1 & 2 Honeysuckle Lane. It led to two options for acquiring an easement. The options are dependent on the number of building rights.

Also, Mr. Kuhn said he spoke with Mr. Charles Epstein who is interested in negotiating an easement acquisition his 10-acre property along Charlestown Road, parcels 35-2-142 and 35-2-142.1.

Mr. Philips moved to authorize Mr. Kuhn to send a letter to Mr. and Ms. Drew and Marjorie Alleva offering to acquire an easement on their property, and to authorize an appraisal on the Epstein property. Mr. Piliero seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Revised Design Manual for Devault Village at Spring Oak

Mr. Allen stated that the revisions to the Devault Village at Spring Oak Design Manual were reviewed and recommended by the Planning Commission on December 14^th. There were a few housekeeping items to discuss tonight. He is confident that the aesthetics can be worked out and JPOrleans is in agreement. Ms. Sanders, of JPOrleans, confirmed this from the audience. Mr. Allen would like the Board to approve the Manual so that the developer may proceed.

Mr. Kuhn moved to approve the Design Manual for Devault Village at Spring Oak dated 11/3/21. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, call the vote. All were in favor.

Resolution to Set Fee-in-Lieu Schedule for 2022-2026

Mrs. Csete explained that the Planning Commission reviewed the schedule prepared by Mr. Comitta at their December meeting.

Mr. Kuhn moved to approve Resolution #1005-2022 updating the fees under the Recreational Fee-in-Lieu Ordinance, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Authorize Advertising for Zoning Ordinance Amendment to Section 1809, Instructions for Conditional Use Application

Mr. Thompson stated that during editing, the Ordinance had not successfully listed procedures as well as they should.

Mr. Philips moved to authorize the advertising of a hearing to consider an amendment to the Zoning Ordinance, Section 1809, Instructions for Conditional Use Application. It is to be held on February 7, 2022, at 7:00 p.m., at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA. Mr. Willig seconded. Mr. Piliero called for discussion and there being none, call the vote. All were in favor.

Authorize Advertising for Amendment to Recycling Ordinance

Mrs. Csete said that during the yearly review of the Township’s Recycling Ordinance, the DEP found some points for improvement. To receive grant money from Act 101, the DEP recommended these additions to the ordinance:

1. Add the requirement to separate leaf waste from residential, commercial, industrial, and municipal (CIM) entities to the ordinance.
2. Require haulers by ordinance to:
   1. Collect curbside and CIM recycling at a specified timeframe.
   2. Collect leaf waste once a month.
   3. Submit schedule of leaf waste collection to Township.
   4. Take leaf waste to a DEP approved facility.
   5. Add provision that all collected recyclable materials must be recycled (taken to a MRF or market).
   6. Add requirement for community events to recycle.
   7. Submit draft ordinance for approval by DEP before passing ordinance, and then pass the updated ordinance.
3. Mrs. Csete must also notify haulers of updated requirements under the ordinance.
4. Update education materials and submit proof it is on an approved schedule.
5. Submit proof of an enforcement program.

Mr. Kuhn moved to authorize advertising of a hearing to consider a revised Recycling Ordinance for February 7, 2022 at 7:00 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, call the vote. All were in favor.

Escrow Release #11 Final Cedar Run and Escrow Release #3 Devault Village at Spring Oak

Mr. Philips moved to approve escrow release #11 for Cedar Run and #3 for Devault Village at Spring Oak. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

Mr. Philips stated he received a draft for the Tree Preservation Amendments. Mr. Wright will receive comments to be included for the next draft to be reviewed by the Planning Commission. It will be on the Planning Commissions January agenda. The EAC will also review it at their January meeting.

The Roadmaster answered questions about Union Hill patching.

A complaint received from a resident of Rees Road was discussed relative to construction at Devault Village. Mr. Wright will follow up with the contractors, who should not be using the Rees Road construction access for parking and idling.

There will be a short executive session after tonight’s meeting.

Adjournment

Mr. Piliero adjourned the meeting at 8:25 p.m. The next Business Meeting is scheduled for Monday, February 7, 2022, at 7:00 p.m. at the Great Valley Middle School.