CHARLESTOWN TOWNSHIP PLANNING COMMISSION MINUTES 11 General Warren Blvd, Suite 1 Malvern, PA 19355 Tuesday, January 10, 2023

Present

Call to Order:

7:03 p.m.

Announcements

Mr. Heleniak reminded attendees to please sign in and present any comments from the podium.

Reorganization

Vice Chairperson, Planning Commission

Mr. Richter opened the floor to nominations. Mr. Richter nominated Matt Rogers as Vice Chairman of the Planning Commission and so moved and Mr. Westhafer seconded. Mr. Richter closed the nominations. Mr. Richter called for discussion and there being none, called the vote. All were in favor.

Chairperson, Planning Commission

Mr. Richter opened the floor to nominations. Mr. Westhafer nominated Michael Richter for the position of Chairman of the Planning Commission and so moved. Mr. von Hoyer seconded. There were no further nominations. Mr. Richter closed the nominations. Mr. Richter called for discussion and there being none, called the vote. All were in favor.

Appoint Planning Commission Solicitor

Mr. Richter appointed Ms. Wendy McLean as Planning Commission Solicitor and Mr. Rogers seconded. Mr. Richter called for discussion and there being none, called the vote. All were in favor.

2023 Meeting Schedule

Mr. Richter moved to set the 2023 meeting schedule for the second Tuesday of the month at 7 p.m. at the Township Office. Mr. Rogers seconded. Mr. Richter called for discussion and there being none, called the vote. All were in favor.

Approval of Minutes

Mr. Richter moved to approve the December 13, 2022, meeting minutes and Mr. Motel seconded. Mr. Richter called for discussion and there being none called the vote. All were in favor.

Alleva Lot Consolidation Plan

Mr. Heleniak stated that the Township is working through some zoning matters before the applicant comes before the Planning Commission with their lot consolidation plan. He further stated that the purpose of the lot consolidation is so the Township can purchase a conservation easement on the property.

Greene-Marks Preliminary/Final Subdivision Plan

Mr. Greg Adelman, Esq., and Mr. Brynn Schaffer, PE, PLS, presented revised plans for the Greene-Marks subdivision at 4219 Howell Road. The applicant was looking for Preliminary Plan approval from the PC. Mr. Adelman began with a list of changes and accomplishments in response to the consultant review letters and waiver requests.

• He stated the subsurface facilities per Township requirements, have been replaced therefore the waiver request is withdrawn. These rate and volume figures were recalculated satisfactorily.
• Mr. Shaffer has removed the level spreaders and utilized swales.
• They have tweaked the stormwater calculations.
• The waiver request for embankment slope modifications is withdrawn.
• They have tweaked the lot line.
• There is no discharge onto the Green property and stormwater will travel around it to a culvert on Howell Road.
• There was a lot line adjustment on the easement area.
• They have complied with Mr. Comitta’s request for more plantings.

Comments from the Township

Mr. Wright stated the conservation district and neighbor wanted the applicant to eliminate level spreaders which was the biggest concern. He was pleased that they have been eliminated.

Mr. Westhafer asked for a softening of the grading over the beds. Mr. Shaffer will remove the plateau look.

Mr. Allen suggested a pull-off but the driveway curve has been widened from 12’ to 14’.

Mr. Churchill asked about absorption vs. underground facilities on a slope/plateau.

In response, Mr. Wright conferred the testing, calculations, infiltration, and yearly evaluation by an engineer going forward.

Mr. Richter and Mr. Wright discussed lots 2 and 3 having smaller facilities. This will reduce erosion since less water will travel toward the steep slope after construction.

Montrose Review letters

The Montrose review letter dated 9/1/22 listed the 44 items that are now resolved, yet 2 new comments appeared on the 12/7/22 version. Mr. Wright said calculations for comment #45 worked. The two remaining outstanding comments in the Montrose review letter dated 12/7/22 are now resolved. Mr. Wright said that the applicant has performed the required infiltration testing and has updated the stormwater management calculations accordingly. In addition, the stormwater model has been revised to properly account for tailwater effects from the Howell Road cross pipe.

Mr. George Asimos, Esq., represented Ms. Green and Mr. Beyer of 4221 Howell Road. His points and answers are listed below:

1. The lot coverage was exceeded but he was told there was a lot line moved to attain 17.1%.
2. The Horse-shoe Trail has a 20’ wide trail allocation and he asked about hiring a landscape architect and/or a maintenance plan. Mr. Shaffer said he met with HST reps at the site to discuss cleanup. Carta Engineering staked out the equestrian path for the HST reps. Ms. Ingrid Cantarella-Fox, President of the Horse-shoe Trail Conservancy, asked for the easement to be marked and said Ms. Green requested some debris to be moved. She stated the care and funding of the work on this section will continue. She would like to negotiate with a nearby landowner not yet interested in allowing the HST to pass through their property. She would like to obtain an easement to make that property and then the next property accessible for HST visitors.
3. He asked how much space is left for the trail space after grading. Mr. Shaffer stated between 15’-17’ is left. Mr. Asimos’s concern prompted Mr. Comitta to offer to visit the site. Mr. Asimos was concerned that the trail would become unusable/unstable post-construction. Ms. Green added it is not usable at this time because it is wet. Mr. Wright assured them that the water will flow away from the HST. He stated 15’ is wide enough.
4. Mr. Asimos asked about a tree or stump count and Mr. Shaffer said a sample count was on a prior plan but was not valid since it included 6” trees.

Questions from the audience

Ms. Green asked why samples were done on a deforested area near her border and Mr. Wright said they wanted more testing/data. (Test sites were marked on the drawings displayed by Carta Engineering)

Ms. Green stated that a review letter dated this March 22^nd, from the CCPC, used data from 2017 when the property above her was still heavily forested. The recommendations from the Commission did not take into consideration the “clearing” of the mature trees that happened since and she feels she was given irrelevant recommendations. They have offered to re-review. But the Township must request on her behalf. She asked Members if they would suggest a re-review. Members said they rely on the expertise of the Township consultants and use the CCPC in an advisory manner. Mr. Richter and Mr. Churchill said it would not alter the next steps in the approval process. She stated that the Chester County Planning Commission had the wrong identity of the property, it was not a 9 acre maturely wooded lot. Therefore, the recommendations regarding erosion and sediment control were not valid. The CCPC also had given recommendations regarding trees and stormwater but most of the trees were no longer there, especially the larger ones. Mr. Asimos said he will comment later on this part of the discussion.

Thomas Comitta Associates Inc., memorandum dated 9/27/22

Mr. Comitta said most of his comments had been addressed. He received a will comply for the addition of Norway Spruce trees. Mr. Comitta asked why the earlier submission listed an area of 4.5 acres and now is listed at 4. Mr. Shaffer said the area of disturbance had been trimmed. Any disturbance beyond the 4-acre fence perimeter will require a DEP permit.

Questions from the audience

Ms. Green said Mr. Kellenberger of Kellenberger Excavating LLC, said that more than 75% of trees were removed as a clear-cut, and there was nothing over 12’ left.

Mr. Camens of Chester Valley Engineers discussed stormwater calculations for a poor woodland area in comparison to letters dated October 22, 2022, and early January of this year.

Mr. Goodman found out that a 50-year or 100-year storm would give a minor discharge from this proposed engineered stormwater design.

Closing Comments

Mr. Asimos reviewed aspects covered in minutes from prior meetings and reminded the audience that the entire development was above and behind his client. In 1996 the properties were combined but the Township opposed the split as requested for a flag lot. At that time, the Horse-shoe Trail was established, 12” trees needed to be replaced and driveways could serve 2 lots. Since the clear-cut, Ms. Green has dealt with flooding, and temporary fixes (a berm of chips), and spent $42,000 on this issue.

1. Mr. Asimos said the subdivision ordinance requires protection of environmental features. The new homes are not even being built where the trees came down. There is no forest preservation and the stormwater facilities are “huge”. Yet 40% of the trees were removed and 40% more will come down with this proposed development.
2. Mr. Asimos asked Members how to change a flag lot into 3 lots. One of the lots has no frontage, wouldn’t this require a new street? The ordinance requires complying with street construction, then he listed the non-compliant aspects. Mr. Asimos said the development has landlocked lots, connected by a driveway that is too narrow, and has no turnaround (and no required frontage).
3. Mr. Asimos said waivers require proof of hardship. There was no basis for a waiver.
4. Mr. Camens talked about the drainage from the design at Howell Road. He discussed a problem due to a 30” pipe with a 12” pipe above it, hydrologic calculations, and the flaws in the current design.
5. Mr. Camens discussed the waiver for curbing. Mr. Wright followed with an explanation of capturing stormwater with a series of inlets from an elevated road and the control of runoff. He explained that since it is a flag lot and there is not much width near the entrance to the property, there is not enough land to have the concentrated flows from inlets flow to an area for infiltration. Using the flush curb and swales allows for stormwater to flow evenly off the road surface and allows for better control of the water and infiltration.
6. Ms. Green was told that an inlet was to be replaced on Howell Road by the Township in 2022.
7. Mr. Bryan Wood, a neighbor downhill from the proposed development on the other side of Howell Road, discussed stormwater coming towards his property now vs. post-construction. He described how water drains onto his property, 2 storm drainage pipes and inlets, and erosion problems. He also stated that the drainage easement on the plans for Spring Meadow Farms was not correctly drawn. Mr. Wright said the recorded Plan shows a proper width drainage easement that is to be maintained by the homeowner.

Waivers being requested by the Applicant

SALDO Section 503.3.B(3) - Cartway Width to be modified to 14′ for the driveway

SALDO Section 503.3M - Intersection Triangle to 50′

SALDO Section 503.3G - Intersection Approach Slope to permit 5% slope

SWMO Section 302.1B(1)(h) - Infiltration Volume to permit recharge volumes per state requirements

Mr. Richter moved to recommend Preliminary Conditional Approval of the Green-Marks Subdivision Application subject to the consultant review comments and the 4 waivers requested (listed above). Mr. Motel seconded. Mr. Richter called for discussion, and there being none, called the vote. Mr. Westhafer and Mr. Churchill were not in favor. Mr. von Hoyer, Mr. Rogers, and Mr. Walker were in favor.

General Planning Items

Mr. Westhafer welcomed Ms. Ingrid Cantarella-Fox to the Planning Commission meeting. Members suggested she contact the Township Office to list events in the Newsletter and perhaps recruit experienced volunteers.

Mr. Churchill gave an update on the Rails-To-Trails project. This summer TMAC announced opportunities for funding and presented scenarios for ownership. TMAC submitted a grant to the DVRPC. Mr. Heleniak continued saying he has not received word on the grant that was submitted late in 2022. The money will be used towards the title search of the properties that run the length of the trail and for the preliminary design if there are residual funds.

Administrative Note

Any documents referred to in the minutes are available to the public upon request at the Township office.

Adjournment

There being no further business, Mr. Richter adjourned the meeting at 8:38 p.m. The next meeting will be held on February 14, 2023, at 7:00 p.m. at the Township Building, 11 General Warren Blvd, Malvern, PA.