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CHARLESTOWN TOWNSHIP |
Present
Call to Order:
7:06 p.m.Announcements
There was an executive session before the meeting tonight regarding legal matters.
Citizens Forum
Nothing was brought forward.
Approvals
Mr. Kuhn moved to approve the reports listed below and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
- Minutes for the Sept. 6, 2022, Business Meeting
- Sept. 2022 Treasurer’s Report
- Accounts Payable Report - All Funds for October 3, 2022
Reports
Mr. Kuhn moved to accept the Sept. 2022 reports #1-16 as submitted and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
Hearings
Conditional Use Hearing for Francis Reed Wills
The proceeds were taken by Ms. Gale Fitzpatrick, court reporter. Mr. Thompson opened the hearing for Mr. Francis Reed Wills’ property at 2220 Bodine Rd, parcel #35-3-12.1G (2.3 acres) located in the FR district. Mr. Wills sought approval for construction of a patio with a wall, spa, and walkway, in steep slopes of ≈20%.
The following Township exhibits were noted for the record:
| T-1 | The Conditional Use Application containing the Review Letter by |
Advanced GeoServices
| T-2 | Public Notice | |
| T-3 | Proof of Publication of Public Notice |
The following Applicant exhibit was noted for the record:
| A-1 | Aerial View and Plan |
Testimony was given by Mr. Wills who distributed a packet of enlarged exhibits. He described an 80’ buffer to the closest neighbor with a vegetative buffer and stormwater management. He wished to enlarge his recreational space from a 600 sq. ft. deck to a 1200 sq. ft. patio.
Mr. Thompson closed the hearing. A written decision will be provided within 45 days.
Mr. Kuhn moved to approve the Conditional Use with written conditions to be prepared by Mr. Thompson. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
Conditional Use Hearing for Greene-Marks
The proceeds were taken by Ms. Gale Fitzpatrick, court reporter. Mr. Thompson opened the hearing for Mr. Christopher Marks and Ms. Kathy Greene’s property at 4219 Howell Road, parcel #35-5-22, located in the FR district. The Applicants represented by Mr. Greg Adelman Esq., and Mr. Brynn Schaffer, P.E., of Carta Engineering, seek approval for construction of a driveway in steep slopes for a proposed 3-lot subdivision.
The following additional Township exhibit was noted for the record:
| T-6 | The confirmation of the extension by Applicant |
The following Applicant exhibits were noted for the record:
| A-1 | Conditional Use Application dated April 13, 2022 | |
| A-2 | Deed to the property | |
| A-3 | Brynn Schaffer Resume/Carta Engineering | |
| A-4 | Conditional Use (Subdivision) Plan dated April 11,2022 (10 pages) | |
| A-5 | Township Engineer May 16, 2022 Review Letter | |
| A-6 | Conditional Use (Subdivision) Plan dated August 8, 2022 |
The following Green exhibit was noted for the record:
| G-1 | Neal Camens, P.E. resume/Chester Valley Engineers resume |
Testimony was given by Mr. Brynn Schaffer, Mr. Neal Camens, P.E., and Ms. Jill Green.
Mr. Thompson closed the hearing. A written decision will be provided within 45 days.
Old Business
Office Fit-Out: Proposals from Movers
Mr. Heleniak said he received proposals from Wayne Moving and Storage and Great Valley Moving for relocating the office most likely in November. The added cost for the movers to pack the files was reasonable so he recommended accepting the proposal from Great Valley Moving for $1,693.60 as the lower of the two bids. Wayne Moving quoted $2,184.00.
Mr. Kuhn moved to accept the proposal from Great Valley Moving & Storage for $1,693.60 and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Update on Devault Basin Beautification
A representative from RES Landscaping provided an update on the project to enhance the Devault Gateway area along Route 29/Whitehorse Road/Phoenixville Pike. The aggressive invasive species have been removed. At the end of October, they will be on schedule to plant seedlings and plugs.
New Business
Justin LoPiccolo – Accessory building extending into the front yard
Mr. Justin LoPiccolo requested approval to add to an existing detached garage that will cause it to extend further into the front yard at 4134 Howell Road.
Mr. Kuhn moved to approve the request to locate the detached garage in the front yard at 4134 Howell Road and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Spring Oak Rees Road Fence
At the last Planning Commission, two residents from Spring Oak requested a matching fence (like the black wooden one along the entrance at Whitehorse Road) at Rees Road. The Supervisors discussed the request with Mr. Allen who said the DRC didn’t seem to want it. Mr. Comitta suggested plantings or boulders. The subject is going back to the DRC for further discussion. Funding would be by JPOrleans.
Great Valley Community Organization Update & Funding Request
Mr. Keith Walsh, from the non-profit Great Valley Community Organization, updated the Board on the history and progress of financing a new building. The GVCO serves the surrounding communities of East Whiteland, Willistown, and Charlestown (583 families are from Charlestown). He distributed a packet and referred to their website www.GVCO.org.
He requested a contribution of $250,000 from Charlestown Township since many residents and their children participate and receive services. They’ve already raised $2M, been awarded a $1.3M grant, and received a $2M loan. The new expected occupancy is June 2023 as they plot their progress that has resumed since the pandemic. The money from Charlestown would go towards the construction and the reduction of debt. After further discussion, Mr. Kuhn moved to contribute $100,000 per year for 3 years, increasing to $150,000 per year if the other municipalities also give that amount, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mr. Walsh is to discuss the proposal with the other two townships and the Board will, in the meantime, discuss budgeting this donation.
[Admin Note: At this time Recording Secretary Ms. Gardner left the meeting and the remainder of the meeting minutes were taken by Linda Csete.]
Letter of Intent to Include in Application for DVRPC Grant for Next Steps of Devault Trail Activation Plan
Mr. Heleniak said he and Mrs. Csete met with John Meisel and Tim Phelps of TMACC on September 22nd to discuss a DVRPC grant now available with a 11/10/22 deadline and maximum award of $100,000.00 and no match required. Mr. Meisel was present to ask if the Board would be interested in applying for funding to complete the next steps of the Devault Trail Activation Plan that would ultimately lead to acquisition of the rail-trail property.
One component of the plan is to show the project will benefit “underserved communities”, including English as second language speakers, which Charlestown can support due to the increase in our Indian population. They would also be looking for us to demonstrate a timeline of when we would obtain site control (ownership) in the future.
The grant application would be asked to cover these steps of the activation plan:
- Title Searches
- Study of environmental conditions
- Structural conditions
- Master Plan
Mr. Meisel said Bob Thomas of Campbell Thomas advised that a letter of intent from Norfolk Southern should be included in the application.
Mr. Philips moved to authorize Mr. Heleniak to sign the proposed Letter of Intent to Norfolk Southern and take the next steps toward applying for the DCNR grant funding. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Conditional Use Application Decision for Malvern General Warren Owner LLC
Mr. Thompson gave a brief description of the conditions for the Malvern General Warren Owner LLC application for a laboratory use in the NC-2 Zoning District, for which a hearing was held on August 1st. Condition #5 was discussed at length, which stated that the tenant would be required to obtain a separate conditional use approval in addition to the use and occupancy permit because the tenant, and therefore the specific lab use, have not yet been identified.
The applicant’s attorney, Gina Gerber, objected to this condition, stating that it in effect nullified the first conditional use approval if a second one was then necessary. The Board posited that further review was needed to ensure health and safety requirements. An amendment to condition #5 was proposed by the Board that was acceptable to the applicant, to read “In addition to a Use and Occupancy Permit, use of the Property may require a separate conditional use approval if the ultimate Laboratory user is not within the scope of this approval as determined by the Township Manager.
Mr. Philips moved to approve the written decision for Malvern General Warren Owner LLC with the proposed amendment to condition #5, and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
McDevitt/Dougherty Partial Easement Dissolution Due to Turnpike Expansion: Compensation Distribution
Mr. Heleniak explained that the French & Pickering Conservation Trust is working toward a settlement with the Turnpike Commission on a portion of the McDevitt easement on the Dougherty property they are condemning for their widening project.
The amount due the Township is $26,828.00, which is 70.7% of the settlement amount. This percentage is based on the Township’s initial contribution to the purchase of the conservation easement. DCNR does not want any of its grant funds return, but the county does.
Mr. Kuhn moved to place its share of the refund for the McDevitt Easement with the French and Pickering Creeks Trust, in their restricted Stewardship Fund. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
Annual MS-4 Update
Mr. Wright gave the annual update to the Township’s MS-4 Program, stating that the last annual DEP report was recently submitted by the Sept. 30th deadline. For the future, he proposed that the Township re-apply to the DEP for approval to change the currently approved street sweeping plan to a new plan to install an infiltration bed on the Township’s property at 3017 Phoenixville Pike, which would stop turnpike runoff from reaching the road and entering the Valley Creek watershed. This project would be less onorous than the street sweeping program and would be done in stages as follows:
| 2022: | Present the plan to the DEP and prepare cost estimates |
| 2023: | Finalize the design, obtain PennDOT highway occupancy approval and go out for bids |
| 2024: | Begin construction in Spring 2024 so the infiltration bed is in place by 2025. |
The Board was in agreement that Mr. Wright proceed with this alternative.
Letter of Support for Application Stream Naming
Mr. Kuhn moved to approve the Letter of Support to the U.S. Board on Geographic Names for the naming of the stream to be Mushpekat Run as requested by the EAC, and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
Appointment to HARB for unexpired term ending 12/31/2025.
Mr. Philips moved to appoint Paul Stevens to the Historical Commission/HARB for the unexpired term ending 12/31/2024, and Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
Appoint Delegate to Chester County Tax Collection Committee
Mr. Philips moved to appoint Linda Csete as Charlestown’s delegate to the Chester County Tax Collection Committee, and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
Schedule Hearing to Amend Zoning Ordinance - Conditional Use Procedures
The Board scheduled a hearing for an amendment to the Procedures for Conditional Use for November 7, 2022 at 7:00 p.m. at the Great Valley Middle School.
Schedule Hearing for Seven Stars Pharmaceuticals LLC – Lab Use in I/O District
The Board scheduled a conditional use hearing for an Seven Stars Pharmaceuticals LLC for November 7, 2022 at 7:00 p.m. at the Great Valley Middle School.
2023 Budget Matters
Schedule Budget Work Session/Business Meeting
Mrs. Csete asked the Board to schedule the Budget Work Session for review of the draft 2023 Budget along with any business matters that arise and proposed two dates for them to get back to her on so the meeting can be advertised.
Identify Projects from the Long-Term Plan to be included in the 2023 Budget
Mrs. Csete said she had previously circulated the updated long-term spending plan for the Board to provide input on and asked them to provide comments prior to the budget meeting.
Escrow Release #12 – Devault Village at Spring Oak
Mr. Piliero moved to approve Escrow Release #12 for Devault Village at Spring Oak for $192,432.50, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Adjournment
There being no other business, Mr. Piliero adjourned the meeting at 11:04 p.m. The next Business Meeting is scheduled for Monday, November 7, 2022, at 7 p.m., at the Great Valley Middle School.
Lisa Gardner
