CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS MINUTES Charlestown Township Municipal Building 11 General Warren Blvd., Suite 1, Malvern, PA Tuesday, December 5, 2022

Present

Call to Order:

7:00 p.m.

Announcements

Mr. Kuhn announced an executive session that happened before tonight’s meeting to discuss legal and real estate matters.

Mr. Heleniak introduced a protocol for meetings at the new office. Comments are to be made at the podium to capture the comment on the mic and camera.

Citizens Forum

There were no comments.

Approvals

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

1. Minutes for the November 7, 2022, Business Meeting
2. November 2022 Treasurer’s Report
3. Accounts Payable Report - All Funds for December 5, 2022

Reports

Mr. Philips moved to accept the November 2022 reports #1-16 as submitted and Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Hearing

Conditional Use Hearing for Seven Star Pharmaceutical Services LLC

The proceeds were taken by Mr. Mark Hagerty, court reporter. Mr. Thompson opened the hearing for Seven Star Pharmaceutical Services LLC, which was continued from November 7^th. The following exhibits were entered into the record.

A-1	Seven Star Pharmaceutical Services LLC’s EIA (Environmental Impact Assessment Report)
A-2	List of chemicals used in drug development by Seven Star Pharmaceutical Services LLC
A-3	Supplemental Information Sheet

Mr. Thompson closed the hearing and told the audience that a written decision would be provided within 45 days. David McFadden, Esq. requested a vote this evening since the applicant wanted to be operational by the end of January 2023.

Mr. Kuhn moved to approve the Conditional Use Application for Seven Star Pharmaceutical Services LLC subject to review comments by the consultants and governmental permitting information to be provided. Mr. Philips seconded. Mr. Piliero called for discussion and there being none called the vote, all were in favor.

Old Business

Resolution to Adopt Initiatives to be Recognized as a PA “Bird Town”

Mr. Kuhn moved to adopt Resolution #1018-2022 to apply to the PA Audubon Council to recognize Charlestown Township as a Bird Town Pennsylvania community, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

New Business

Waiver Request for Martellucci Subdivision

Mr. Miller was present with a request for a waiver from the stormwater management ordinance requirements for subsurface facilities. Mr. Wright supported the request.

• The stormwater maintenance agreement is executed and a schedule is set.
• The disturbance is much less than if the entire structure was underground.
• A revision will be printed on document sheet #1.
• Mr. Wright described an out of the way and out of sight small above ground basin.

Mr. Philips moved to approve the waiver request subject to engineering comments and the waiver showing on the plans before recording. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Beyond Meat Land Development Plan

Mr. Keffer, P.E., Mr. Tim Dietrich Esq., and Mr. Davis were present to discuss the land development plan for Beyond Meat. After a brief history, Mr. Dietrich portrayed the alternate plan and covered (1) what has been done, (2) what remains to be done, and (3) what the Planning Commission wants to be done and is not resolved. Handouts referencing these items were circulated and are on file.

The first five are considered resolved by the applicant.

1. Recorded/Listed Planning Commission Conditions of Approval, including 3 modifications and 1 waiver.
2. Note to add trees to the berm at the Spring Oak boundary including 20 additional Norway Spruces. Includes a maintenance schedule (asked about by Mr. Philips).
3. Modified drawings (suggested by Mr. Wright) to provide an inverted T-wall. Discussed drawings portrayed for the audience.
4. Note 85 on the Plan is regarding façade/appearance stemming from discussion with the Planning Commission and Mr. Comitta. The building’s appearance and views from Spring Oak and Devault Village, are to be considered at permitting. It is not yet mutually agreed upon.
5. Resolved the question regarding the height of parapet wall. The building is 38’ with a parapet 8’ above the 38’ flat roof. It is not in violation of the height standards in the ordinance.
6. Turnpike approval regarding stormwater and drainage or discharge onto Turnpike property is still being addressed but close to approval.
7. Receipt of NPDES permit is approved but not yet released due to sewage capacity issue.
8. Progress in drafting the Financial Security agreement.
9. Stormwater Management Agreement is being finalized.
10. Need to execute and obtain seals on plans.
11. As a closing action, reps need to complete a property sale to vacate Devault Lane.
12. Reps need to come to an agreement with Mr. Fillippo regarding the condition of the shared access drive which may include paving and lighting.

Modifications and Waivers-Mr. Wright stated he supported all waivers below.

1. Depth of the covering of the drainage pipe from Devault Lane to Whitehorse Road.
2. In the same area, the slope to Whitehorse Road comes into the parameters of the stormwater plan due to the new utilities between Devault Lane and Whitehorse Road. Applicants want a minor lenient adjustment of the discharge percentages since structures are already in place at the parking lot.
3. Request to consider the shared driveway as “restored” regarding impervious amounts.
4. The applicant requests a waiver that not all dimensions be measured within a 100^th of a foot.

Other points discussed:

1. Portrayed pictures of the current facade and building position from the viewpoints of Pine Lane and other areas of Spring Oak.
2. Mr. Kuhn had the applicant clarify that the plantings in the rendering were physically present but the new and additional plantings would not be on the same scale. They plan on saving trees that can be removed and replanted. Any that do not survive will be replaced with new trees.
3. Truck traffic, parking lighting, wastewater, and cell tower access were discussed.
4. Sharing Devault Lane and making it private was shown on a map as a shorter dead-end road.
5. Ms. Lorraine Fillippo wanted a denser buffer and was told there would be trees from Spring Oak coming around the building to her home. Mr. Kuhn suggested the plantings moved for the construction could be placed around Ms. Fillippo’s property and Mr. Keffer agreed.
6. Timing of the demolition of one home is tied to the electrical demolition of building #2.
7. The abandonment of Devault Lane was discussed. Timing would be set by ordinance.
8. There is continued discussion with the PC regarding Mr. Fillippo’s property and future improvement but the applicant maintains the inability to complete this step as it is not property in their possession.

Public comment:

• Mr. Rubenfield spoke about the term used by the applicant “consensus” not including Spring Oak residents.
• Mr. Rubenfield was concerned about the construction following the noise ordinance start and finish times since the plant has a history of monthly lists of noise violations.
• Mr. Rubenfield commented about the building being 38’ high plus the 8’ of the parapet. In consideration of neighborhood home values and views, he felt it should not exceed in its entirety, the 38’ limit.
• Mr. Zubers said the media reports Beyond Meat is on the verge of bankruptcy and was concerned about where that could leave neighbors if construction was halted. Mr. Thompson said the safety of the construction area would come first. Mr. Wright said next the escrow money would be used to finish the public improvements including berms, roads, and utilities. The approval for the land development is viable for 5 years.

Appointment to Environmental Advisory Committee Unexpired Term ending 12/31/22

Mr. Philips moved to appoint Ms. Stephanie Yocum to the Environmental Advisory Committee to fill an unexpired term ending 12/31/22, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Resolution for Tax Levy 2023

Mrs. Csete gave an overview of the Tax Levy Resolution and noted the proposed real estate millage as remained the same at .75 mils for the last 18 years. She also listed the Local Services Tax, Real Estate Transfer Tax, and Earned Income Tax for 2023, which will all remain the same as in 2022.

Mr. Philips moved to approve Resolution #1019-2022 setting the taxes for 2023, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Adopt 2023 Budget

Mrs. Csete stated that input has been received from the Township boards, commissions, and committees, therefore, the 2023 budget is proposed for consideration this evening.

Ms. Bednar moved to approve Resolution #1020-2022 adopting the 2023 budget, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Schedule and Authorize Advertisement for Reorganization Meeting

Mr. Kuhn moved to approve advertising of the Reorganizational Meeting to be held on Tuesday, January 3, 2023, at 7:00 p.m. at the Township Building, 11 General Warren Blvd. Suite 1, Malvern, PA. Mr. Philips seconded. Mr. Piliero call 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 8:28 p.m. The Reorganization Meeting and next Business Meeting are scheduled for Tuesday, January 3, 2023, at 7 p.m., at 11 General Warren Blvd., Suite 1, Malvern, PA.