CHARLESTOWN TOWNSHIP PLANNING COMMISSION MINUTES 11 General Warren Blvd, Suite 1 Malvern, PA 19355 Tuesday, January 14, 2025

Present

Call to Order:

7:00 p.m.

Announcements

Mr. Rogers announced to the audience that anyone making public comment needs to go to the podium so that it can be recorded for the minutes. Mr. Richter announced that everyone needs to sign in on the sheet on the table outside the meeting room.

Reorganization

1. Chairperson and Vice-Chairperson of Planning Commission

   Mr. Motel nominated Mr. Matt Rogers as Chairperson of the Planning Commission and Mr. Von Hoyer seconded the motion. All were in favor. Mr. Rogers nominated Mr. Dan Walker as Vice-Chairperson of the Planning Commission and Mr. Richter seconded the motion. All were in favor.

2. Appointment of Planning Commission Solicitor

   Mr. Richter moved to appoint Ms. Wendy McLean as Planning Commission Solicitor and Mr. Rogers seconded the motion. Mr. Rogers called for discussion and there being non, called the vote. All were in favor.

3. 2025 Meeting Schedule

The Planning Commission agreed to continue meeting at 7 p.m. on the second Tuesday of every month.

Approvals

Approval of Minutes

Mr. Churchill moved to approve the December 10, 2024 meeting minutes and Mr. Richter seconded. Mr. Rogers called for discussion and there being none called the vote. All were in favor.

Plan Reviews

Bodine Properties LLC Minor Subdivision Plan – 3^rd Review

Mr. Wright stated that his office issued a review letter on January 6^th that the majority of comments had been addressed by the applicant. However, there were additional stormwater management details and design calculations he wanted before being able to support the application. He met with the applicant’s representatives and they provided additional plans and calculations in response to the items in his January 6^th review letter. He issued an updated review letter earlier today stating that they had addressed the outstanding items from his previous review letter and that his office was now in a position to support the application and a favorable recommendation by the Planning Commission.

Mr. Jack Robinson, P.E. from JMR Engineering, was present to discuss the subdivision plan for 2081 Bodine Road.

Montrose Environmental Review letter dated 1/14/2025

2. Will comply and enter into all required agreements. His office is already drafting the legal descriptions.

5. The builder is working on the on-lot well and septic system approvals.

7. This item has been resolved.
8. A waiver request has been added to the plans. Mr. Wright is in favor of this waiver. Mr. Motel questioned how large the above-ground basin is. Mr. Robinson stated that it is approximately 1,500 square feet. Mr. Motel further questioned whether it would be just a mowed grass basin. Mr. Robinson stated that the plan is the bottom to be mowed grass and potentially some small shrubs, but you do not want trees or anything with a large root system with the fabric and stone beneath the surface. Mr. Robinson displayed the landscape plan with the buffer plantings around the basin. He further explained that the basin is a combination of above and below ground and that it was designed this way to maximize the capture of stormwater and infiltration. Mr. Churchill questioned what percentage of the area with tree removal will be captured by the basin. Mr. Robinson said the entirety of the area of tree removal will be captured by the basin. Mr. Wright shared that his biggest concern with the application was the stormwater runoff and that he pushed hard for the applicant to design a system that will address his concern so that downstream neighbors are not impacted by the development and that they have done that with the current design. Mr. Robinson described how the stormwater management design has changed from the original plan.

29. The calculations for the inlet have been provided to Mr. Wright.
30. This item was resolved.

38. The BMP detail has been updated and this item is resolved.
39. Will comply.
40. Will comply. A note has been added to the plan.

Thomas Comitta Review Letter dated January 8, 2025

Mr. Comitta explained how the ordinances do not specifically stated that the Planning Commission should decide whether evergreen trees are fine to plant instead of deciduous trees. He further commented on a previous version of the plans that showed deciduous trees and shrubs as tree replacements. The plan now shows 45 deciduous trees and 21 evergreen trees instead of the shrubs. He further commented that he recently visited the site after a heavy rain and observed that the properties downslope of the property have remedial or mitigative stormwater management from previous rainfalls. He questioned whether the proposed rolled curbs on either side of the driveway is okay or whether they need trench drains. Mr. Wright stated that the rolled curbs are fine since the driveway has been super elevated so that the drainage sheets across the driveway to the stone trench adjacent to the driveway.

Mr. Robinson stated that the evergreen trees provide a better year-round buffering.

Mr. Churchill questioned whether the Township ever considered acquiring the property for better access to the McDevitt Trail. There was a discussion regarding the location of the existing McDevitt Trail.

Ms. Green commented on the survival rates of replacement trees.

Mr. Motel questioned the planting buffer and the tree removal. Mr. Robinson displayed the landscape plan and described the tree removal and tree replacements.

Mr. William Struebing, 2095 Bodine Road, shared his concerns he submitted in his letter from November, including the following:

• The proposal conflicts with the Township’s stated goals of preserving green open spaces.
• The potential impact on the ground water and his well water supply.
• Wildlife habitat destruction.
• The change in the historical and rural character of the neighborhood.
• The Township should purchase the property and create an access point for the McDevitt Trail.

Ms. Jill Green, 4221 Howell Road, shared her experience with stormwater runoff issues on her property and her agreement with the things Mr. Struebing stated. She questioned why an above-ground basin is permitted on this property and not on other properties. Mr. Heleniak explained that the Stormwater Management Ordinance requires basins to be below ground and that the applicant is requesting a waiver of this requirement from the Board of Supervisors. Mr. Wright further explained the reasons for this requirement and why he supports the waiver for this application.

Ms. Divya Struebing, 2095 Bodine Road, questioned if the stormwater basin will connect to the creek bed that runs along the back of the property. Mr. Robinson explained that there isn’t a creek, but a spring fed depression, and their responsibility is to maintain the flow as it is today. Ms. Struebing further shared her and her husband’s concern regarding their well.

Mr. Motel moved to recommend approval of the waiver for the above-ground stormwater basin and Mr. Walker seconded. Mr. Rogers called for discussion and there being none called the vote. All were in favor.

Mr. Richter moved to recommend approval of the subdivision plan for Bodine Properties LLC subject to compliance with the staff review letters, and Mr. Walker seconded. Mr. Rogers called for discussion and there being none called the vote. All were in favor.

Mr. Von Hoyer commented that the public comments do not fall on deaf ears, however you cannot oppose a plan just because you do not want it.

Devault Village at Spring Oak Sidewalk

Mr. Allen explained that JP Orleans had questioned whether they could eliminate the sidewalk from Spring Oak Drive next to Lot 13 and over to the tennis court and Lotus Lane. Commission members discussed the access to the tennis court and the access to the basketball court above the area of this sidewalk. Mr. Wright stated that the plan already has final approval and any requested changes would have to be agreed to by JP Orleans. The Commission decided they think that the sidewalk should remain and be constructed as indicated on the plans.

There was further discussion regarding additional crosswalks on Spring Oak Drive. Mr. Allen stated that he would discuss with JP Orleans and make that request.

There was further discussion regarding the proposed mailbox pavilion for Devault Village. Mr. Westhafer commented on the layout and orientation of the pavilion. He shared his opinion that the pavilion should be rotated and moved closer to the pavilion’s parking area. There was discussion regarding the use of the pavilion as a gathering place for residents. The Planning Commission decided they would like the DRC to discuss moving the pavilion with JP Orleans.

Steve Shin, HOA President, commented on the need for a stop sign and crosswalk at the connection point between Spring Oak and Devault Village and the walking path.

Kirk Simmon, 504 Major John Way, commented that it is one big community and no one considers themselves residents of separate neighborhoods. He further commented on the mailbox pavilion will not be used as a gathering place and people just get their mail and leave.

General Planning Items

1. Draft Ordinance Reviews
   1. Accessory Dwelling Units

      Mr. Comitta commented on the minor change to the proposed ordinance removing the attainable housing language from the ordinance. Mr. Heleniak gave an overview of the planned adoption schedule for the ordinance by the Board of Supervisors. Mr. Churchill questioned whether the ordinance would be enforceable against existing accessory dwellings. Mr. Heleniak stated that it would only apply to newly proposed accessory dwellings.

      Mr. Rogers moved to recommend approval of the Accessory Dwelling Unit Ordinance and Mr. Richter seconded. Mr. Rogers called for discussion and there being none called the vote. All were in favor.

   2. Agritainment

      Mr. Heleniak explained that there have been no changes to the proposed ordinance since the last time the PC reviewed it. Ms. Jill Green requested that a ban on balloon releases be added to the ordinance. Ms. McLean commented that there is no way to enforce a balloon release ban via a zoning ordinance. It would have to be through a special events ordinance.

      Mr. Richter moved to recommend approval of the Agritainment Ordinance and Mr. Churchill seconded. Mr. Rogers called for discussion and there being none called the vote. All were in favor.

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. Walker adjourned the meeting at 8:33 p.m. The next meeting will be held on January 14, 2025, at 7:00 p.m. at the Township Building, 11 General Warren Blvd, Malvern, PA.