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CHARLESTOWN TOWNSHIP
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Present
Call to Order: 7:00 p.m.
Announcements
Mr. Kuhn announced that an executive session would be held following the meeting to discuss legal and personnel matters.
Citizens Forum
No matters were brought forward.
Approvals
Mr. Kuhn moved to approve the items listed below and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
- Minutes for the September 3, 2024, Business Meeting
- September 2024 Treasurer’s Report
- Accounts Payable Report - All Funds for October 7, 2024
Reports
Mr. Kuhn moved to accept the September 2024 reports #1-16 as submitted, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Old Business
Turnpike Devault Maintenance Facility Conservation Easement Agreement
Mr. Thompson indicated that the proposed Devault maintenance facility conservation easement agreement with the PA Turnpike has been amended to include a provision to allow a third party to conduct an annual inspection of the eased land. Initially the Board considered monitoring by the French & Pickering Creeks Trust but the finalized agreement simply states that the Township or its agents are allowed to inspect the property.
Mr. Piliero moved to approve the amended PA Turnpike Maintenance Facility Conservation Agreement, and Mr. Rubinfield seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mr. Heleniak noted that Ed Theurkauf will add this property to his inspection schedule for monitoring other open space and conservation areas. The agreement approved this evening will be recorded along with the land development plan.
New Business
Conditional Use Decision – Kurt Jablonski
Mr. Thompson gave a brief description of the Conditional Use Application decision for Kurt Jablonski. The hearing was held on September 3, 2024, requesting approval for construction of a 50 x 70 prefabricated garage which will exceed the square footage of the principal structure’s ground floor by more than 50%.
Mr. Kuhn moved to approve the written decision for Kurt Jablonski, and Mr. Rubinfield seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
Carpenter Settlement Agreement
Mr. Thompson summarized the settlement agreement for Bobby E. and Amy Louise Carpenter at 2093 Conestoga Road following a zoning enforcement notice served on June 20, 2024 for operating a commercial business from the property. The agreement requires the following:
- The business must cease operating at this location by November 30, 2024.
- A stipulated penalty of $5,000 must be remitted to the Township.
- If the business continues past 11/30/24, an additional penalty of $500 per day will be imposed.
- Permit applications must be submitted for two structures constructed without approval.
- All commercial uses must cease after 12/1/24 unless Mr. Carpenter receives Township approval for a commercial use.
Gina Gerber, Esq. said her clients are actively pursuing the necessary permits and have met with Mr. Wright. They have contracted with Wilkinson & Associates for creating the survey plan so everything is set in motion. Mr. Rubinfield asked what the purpose of the buildings will be after November 30th, and Mr. Thompson said they will be accessory to the residential use. Mr. Carpenter said he will use them to store his car collection.
Mr. Kuhn moved to approve the settlement agreement for the Carpenters, and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
Schedule Conditional Use Hearing
The Conditional Use hearing for Christopher & Meg Zaro was scheduled for December 2, 2024 at 7:00 p.m. at 11 General Warren Blvd., Suite 1, Malvern, PA. This date was per the Applicants’ request as they are not available for the November meeting. They have granted a time extension to allow for this later date.
2025 Budget Matters
Mrs. Csete asked the Board to schedule the Budget Work Session for advertising the review of the draft 2025 Budget. The Board will meet at 6 p.m. on October 21st at 11 General Warren Blvd., Suite 1, Malvern, PA. Prior to the meeting, she asked that they communicate with her on any projects from the Long-Term Plan that should be included in the draft 2025 Budget.
Other Business
Additional funding for Signal Improvements to Phoenixville Pike/Yellow Springs Road/Sidley Road Intersection
Mr. Heleniak said a matter came up just this morning regarding the 2021 state grant approved in 2021 for improvements to the intersection of Phoenixville Pike/Yellow Springs Road/Sidley Road. Although the intersection is completely located within East Whiteland Township, it was permitted by PennDOT in both Township’s names due to its initial construction being required because of the approval of Charlestown Oaks. The grant of $600,000 covered most of the estimated cost of $999,300 with each Township contributing $50,000 to cover the balance. However, PennDOT has come back citing a federal requirement that the intersection include ADA curb ramps for an additional $100,000. Each Township will now have to take on $50,000 more to cover the cost. No sidewalks are proposed and there are no plans to add them at a later date, but PennDOT insists the ramps are required in order to get the permit approved.
Mr. Heleniak said East Whiteland Township has communicated they are willing to split the cost at $50,000 apiece to move forward but are not interested in the project if there is a delay to seek additional grant funds as part of a second phase. Mr. Heleniak suggested that if the supervisors were in agreement, the remainder of the Covid Fund could go toward this project after expending the additional $100,000 committed to the Great Valley Community Center in 2025. There would be approximately $57,000 available for the intersection.
Mr. Kuhn said the improvements to the intersection are critical even though the ramp addition is not and thinks they should continue with the project.
Mr. Piliero moved to add an item to the agenda to consider approval of additional funds for the signal improvement at Phoenixville Pike/Yellow Springs & Sidley Roads, and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
Mr. Kuhn moved to approve additional funds for the signal improvement at Phoenixville Pike/Yellow Springs & Sidley Roads to cover the costs of the accessibility requirements using the remainder of unencumbered Covid (ARPA) Fund, and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
Mr. Kuhn asked about the timing of the project, and Mr. Heleniak said the plans will now be submitted for final approval. An extension for the grant, which expires 6/30/25, will be needed. He anticipates construction over the summer with completion by the end of 2025.
Mr. Kuhn asked if any land had to be taken, and Mr. Heleniak said no, although there was an easement granted from the corporate complex on the corner of Sidley Road and Phoenixville Pike for control boxes, and two temporary construction easements from East Whiteland Township property owners. PECO will not have to move any poles.
Mr. Kuhn asked for an update on the signal improvement project at Route 401 and Valley Hill Road, and Mr. Heleniak said it’s in the final design stage with right-of-way acquisitions being pursued.
Mr. Kuhn asked for an update on the traffic study for Ashenfelter Road, and Mr. Heleniak said he’ll follow up with the representative from PennDOT.
Mr. Frank Beyer asked if an application for an inground pool would be a matter for the supervisors, and Mr. Heleniak said no, unless additional approval for zoning relief or conditional use was involved in addition to a building permit.
Adjournment
There being no additional business, Mr. Piliero adjourned the meeting at 7:22 p.m. The Budget meeting, which may include general business matters, is scheduled for Monday, October 21, 2024, at 6 p.m., at 11 General Warren Blvd., Suite 1, Malvern, PA.
Linda M. Csete
Township Treasurer/Admin
