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A beautiful part of southeastern Pennsylvania Fans of the World Series Champion Philadelphia Phillies March 4, 2002    March 18, 2002   CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING March 4, 2002 The first business meeting for March was held March 4, 2002 at the Great Valley Middle School, Room 154. Hugh D. Willig, Chairman, Paul J. Hogan, Vice Chairman, Irene W. Ewald, Kevin R. Kuhn, Michael Rodgers, James E. McErlane, Esq., Ed Theurkauf, Linda M. Csete, Township Administrator and those on the attached list were present. The meeting was called to order at 7:35 P.M. Announcements Mrs. Ewald announced that Miss Betty Stonorov's 96th birthday is tomorrow and extended her felicitations. Mr. Willig announced that an executive session was held February 25, 2002 after the business meeting. Rosemary Philips announced that resident Lee Raden has again been awarded ribbons at the Philadelphia Flower Show. Citizens' Forum - Non-Agenda Items No items were brought forward at this time. Approvals Minutes of 2/25/02 Mr. Kuhn moved to approve the minutes of 2/25/02 and Mr. Rodgers seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor. Treasurer's Report February 1 - 28, 2002 Mrs. Ewald moved to approve the Treasurer's Report for February 1 - 28, 2002 and Mr. Kuhn seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor. Accounts Payable Report for 3/4/02 Mr. Kuhn moved to approve the Accounts Payable Report for 3/4/02 and Mr. Rodgers seconded. Mrs. Ewald asked for information on check #3905 for $214.18 made payable to J. N. Calvecchio. Mr. Kuhn said he is a computer consultant the new tax collector contacted to transfer the computer records from the previous tax collector's computer. Mrs. Ewald asked who the individual is and what are his qualifications. Mr. Kuhn suggested she ask the Tax Collector for clarification. Mrs. Ewald said she would not approve check #3937 to Melchiorre Construction for $12,800.00 because work was done without the Roadmaster present to supervise, as he was out of town. The work was not emergency work, and cost and quality control are compromised without the Roadmaster to oversee the job. Mr. Rodgers said the Roadmaster told him he could oversee the work in his stead. Mr. Kuhn said the Board approved that the work be done, and although an irregularity occurred in having alternate supervision, the contractor shouldn't be penalized for following one of the Board members' instructions. Mr. Faggioli said he inspected the work today with the Contractor and they did a marvelous job. Mr. Willig said he wants the check approved, although he'd have preferred to have the work done when the Roadmaster is supervising. Mr. Willig moved to approve check #3937 and Mr. Kuhn/Mr. Rodgers seconded. There was no vote. Mr. Kuhn repeated his first motion to approve the Accounts Payable Report for 3/4/02 as presented. Mr. Rodgers seconded. Mrs. Ewald called for a role call vote. The Secretary called the vote as follows: Mr. Willig - aye, Mr. Hogan - aye, Mr. Kuhn - aye, Mr. Rodgers - aye, Mrs. Ewald - nay, for the reasons stated. Presentation Schorr DePalma - Condition Assessment Survey of the Pyle Farmstead (Brightside Farm) Bob D'Orio, Vice President of Schorr DePalma, was present with Tom Langan, P.E., to present their report dated August 6, 2001 on a condition assessment of the Brightside Farm performed on June 14, 2001. Mr. D'Orio said the brief report was provided at no cost to the Township. Mr. Langan provided a brief overview of the report and called for questions. Mr. Willig asked how difficult it would be to transform the pole-building barn into a use such as an assembly hall. Mr. Langan said it would be relatively simple and might be worth running an engineering analysis on it. The roof would need insulation and ventilation, and for performing arts improvements better acoustics would be needed. Mr. Hogan questioned the use of the term "pole barn", which he said he wouldn't apply to this type of structure. Mr. Langan said that the timbers cantilever up to support the roof and are tied in by the second level, which are properties of a pole barn. He did acknowledge that it is not a typical, true pole barn. Mrs. Ewald asked about alternative ingress and egress, and whether one of the walls could be converted to glass with decking and a ramp for ADA compliance. Mr. Langan said altering any wall in this way would create the need for re-stabilizing of the structure and wood bracing. He noted that it's possible that two additional openings would be required due to the size of the barn. Mrs. Ewald asked if the historic barn would be difficult to restore. Mr. Langan said stone structures of this nature are somewhat complicated and costly. He said the stone is in good condition for the most part, except a portion that was damaged by a fallen tree. It may be more cost effective to remove this wall and rebuild it with a matching fa�ade. He said there are some problems with the structure but they're not insurmountable, and the Township should be able to do something with it. Mr. D'Orio said his firm assists municipalities in seeking funding for use conversions as discussed this evening, particularly with historic structures. He asked if the Board wanted any further information. Mr. Willig responded no, and said the Board is undertaking a visioning process for the Farm and this preliminary report indicates the main structures are suitable to consider for adaptation. Discussion: Transfer of Hollow Road from State to Township Mr. Rodgers began a discussion on the work PennDOT is planning for Yellow Springs and Hollow Road. Many trees are marked along Hollow Road for removal, and residents of the road were present to discuss the situation. Mr. Rodgers said he spoke to representatives at PennDOT, who said Charlestown Township can choose to take the road ownership back from them. PennDOT will turn the road back after performing base repairs, repaving, and replacing pipes as needed. Any bridges on the road would remain PennDOT bridges. To begin the transfer arrangements, PennDOT needs a letter from the Township stating its intent. Mr. Kuhn asked the Solicitor if Charlestown might incur liability if it takes over the road and downgrades PennDOT's plan to widen and remove trees. Mr. McErlane said, conceptually, yes. Mrs. Philips said she attended a meeting at Pine Creek Park this morning where a PennDOT representative met with Yellow Spring Road residents. He said if the road is widened to 22 feet, it will take the stress off the edges of the pavement and it should last 10 years before major resurfacing will be needed. Mrs. Ewald said Yellow Springs Road can't be widened uniformly due to the narrower bridges. Wider roads causes more traffic at higher speeds and this condition would be unsafe. Bill Aaronson, a Hollow Road resident, said he doesn't want the road to be repaved and asked if this is going to happen regardless of who owns the road. Mr. Rodgers said yes. Mr. Aaronson stated his concern for school children waiting for buses along Hollow with the increase in traffic volume and speed that will result from an improved road. He suggested the paving include the installation of speed bumps. He is in favor of the Township taking over the road if it means speed bumps can be utilized. Mr. Rodgers said that by following PennDOT's traffic calming methods, modest speed bumps can be installed that would slow traffic to 25-30 MPH. Mrs. Ewald said there may be downsides to taking ownership of the road. It's shady and has poor drainage. The shade accelerates the deterioration of asphalt. She thinks the estimate that the Township would have significantly reduced maintenance costs for the first ten years is overly optimistic. She recommends that Mr. Kohli review the road from an engineering standpoint. Mr. Willig said that the cost may be secondary to maintaining the charm and character of the road. He said he'd like to better control speed, and would consider various calming methods. Mr. Kuhn said that Hollow Road from Route 29 to Pikeland Road is the more critical section and suggested taking just that section over. Maintenance issues would be more severe on the other section. Mr. Rodgers said the entire road should be taken over due to traffic concerns. Mr. Staas asked the Board to consider the residents of the road and not concern themselves with traffic. Mr. Rodgers and Mr. Hogan said they are in favor of taking over the road. Regina Fried asked if Township ownership of Hollow Road would avoid a repeat of the type of damage done by Asplundh two years ago, and Mr. Willig said yes. Mrs. Philips pointed out that anything in the road right of way is removable, however. Mr. Kuhn asked the Roadmaster for a rough estimate of the cost to pave Hollow Road from Pikeland to Yellow Springs, and he responded $15,000-$20,000. Mrs. Ewald suggested getting specific data on the road length and width along with an assessment from both Mr. Faggioli and Mr. Kohli on the condition of the road. She proposed that the Township send a letter to PennDOT asking them to hold off on any work on the road for 2-3 weeks until the Township could decide this matter. Mrs. Ewald moved to direct the Solicitor to contact PennDOT and request that all work on Hollow Road be postponed until the Township has time to investigate the possibility of taking back ownership of the road. Mr. Kuhn seconded. Mr. Willig said the letter should express a genuine interest in entering into negotiations with PennDOT. Mrs. Ewald amended her motion to include Yellow Springs and Foster Roads and allowing the Township a 90 day period to consider the matter and Mr. Kuhn seconded. Mr. Willig called the vote and all were in favor. Reports Zoning Officer The Zoning Officer was not present. Planning Commission Mr. Davison reported that the Planning Commission met on February 12th and 26th. On February 12th, the Commission recommended two lot line change plans submitted by G. Michael Main for approval. A lot line change plan for Seibert-Winnich was also recommended. On February 26th, the Planning Commission held a joint meeting with the Board of Supervisors to discuss implementation of the Comprehensive Plan. He thanked the Board and said the Planning Commissioners felt the meeting was very productive. He asked if another joint meeting could be held on March 26th. Three Board members indicated their availability. Mr. Willig will be away, and Mrs. Ewald will check her schedule and respond back. Mr. Davison added the recent site meeting held at the Scipione property was informative. He said the applicant was very accommodating. Historical Commission Mrs. Philips said the Historical Commission didn't meet last month. The next meeting is March 19, 2002. Roadmaster Mr. Faggioli said he followed up on a complaint of a car parked continuously on Benburb Road. He and Mr. Rodgers spoke to the owner, who said he moves it regularly. There was some dispute between two neighbors on Benburb Road soon after this discussion. The Board advised Mr. Faggioli to refer such matters to the State Police in the future. Fire Marshal/EOC Mr. Alston read his February report. There were two automatic fire alarms, one odor investigation, one woods fire, one trees/wires fire, two dwelling fires, and three vehicle accidents. He reported that the county is under a drought emergency and asked the public to follow the water conservation measures outlined by the county and state. The burning ban remains in effect. The new situation status monitors for the EOC are installed and operational. Mr. Alston also reported that he met with representatives of Norfolk Southern Railroad with regard to railroad issues. Parks and Recreation Board Mr. Hogan reported that Jean Martin called him with concerns over a swale she said was redirected from the adjacent Brightside Farm. Mr. Hogan told her it was simply bridged and not redirected. He said Mrs. Martin told him the tree from the Farm that fell onto her property last year has still not been removed. The Secretary will check the 2001 invoices to see if the work had been billed, as the Board members were under the impression this tree had been taken care of. Mr. Hogan said he plans to do a temperature check of his geothermal playground at Charlestown Park tomorrow morning, since the temperature is supposed to drop well below freezing. With regard to fencing at Charlestown Park, Mr. Hogan said the Valley Forge Christian College plans to remove the chain link fencing along Coldstream Road. Mr. Hogan suggests the Township remove 30-40 feet of fencing along Township Line Road, or perhaps all of it. A post and rail fence might be considered as an alternative. Brightside Farm Committee Mrs. Ewald said the Committee hasn't met since the February 10th reception. Valley Forge Sewer Authority Mr. Rodgers reported that the project for extending the sewer line in East Pikeland is on hold and has been removed from the March 22nd agenda. There have been several odor complaints recently from one individual, and she was encouraged to report this problem each time it occurs so the VFSA can investigate. Mr. Rodgers also reported that the hourly workers are planning to join the Teamsters Union. The VFSA Board is meeting with a labor attorney for advise on how to conduct negotiations. Old Business Horseshoe Trail Relocation - Union Hill Road Mr. Theurkauf referred to his memo and attached plan dated 2/27/02, which proposes a re-routing of the Horseshoe Trail around the Moskowitz property. He's sent the plan to the Moskowitzs, and two neighbors, the Shahs and the Charlestown Historical Society. There have been no responses so far. Mr. Kuhn will attend the Historical Society meeting Wednesday night to review the plan with them. Mr. Kuhn asked if rerouting the trail along Whitehorse Road had been looked at as he suggested at a prior meeting. Mr. Theurkauf said he looked at the area but determined that there was no way to work it out with the Quarry. One benefit of the proposed plan is that it adds length to the trail. He said the Horseshoe Trail Club is hoping for a solution before their trail marking walk on March 10th, but Mrs. Ewald suggested that they bide their time, as the rerouting solution must be a long term one and will take some time to work out. Charlestown Park - Round 10 Grant Proposal Mr. Theurkauf referred to the Facilities Improvement Plan, including the Landscaping Plan, for Charlestown Park. There is approximately $18,000 left to expend for the Round 10 grant. The Parks and Recreation Board held a brief meeting on February 27th to select portions of the Landscaping Plan that could be implemented under the Round 10 grant without conflicting with future proposed improvements. This would include 19 shade trees, 10 evergreen trees, and 5 flowering trees for an estimated cost of $10,300. Seeding on the ADA compliant loop of the walking trail, to include edging and a bench, are estimated at a cost of $2,500. An alternative to the landscaping would be the installation of a basketball court at an estimated cost of $15,000 plus a design fee of $2,000-$3,000. Mr. Connolly gave details on the landscaping selected for consideration. He said the Landscape Plan was divided into three phases: Phase I is the area already agreed upon to include landscaping the hillside along Coldstream Road and buffering of Township Line Road. Phase II would have no impact on other proposed improvements at the Park, and Phase III would impact on other proposed designs. Mr. Connolly said the Parks & Rec Board has discussed the VFCC plans with Bill Werkheiser, which requires a decision from the Township on stormwater management. The VFCC would like to work out a stormwater discharge plan that would either be captured in wetlands at the park or by means of a pond. The Planning Commission will discuss this next week. Mrs. Ewald said the VFCC is already planning a basketball court as part of their indoor facilities, and this will be available to the public. Mr. Connolly said the PMYC may be interested in running a basketball program on the outdoor court. He said this would be a different category of amenity that what is there now, namely the fitness trail, playground and a variety of playing fields. This would provide an activity for court players. Mrs. Ewald said she doesn't want the expansion of the playground eliminated and is against the basketball court because it will encourage a congregating of too many people in an unsupervised setting. Mr. Hogan said he thinks the playground is big enough. He said he wants the landscaping put into place, and Mrs. Ewald agreed. She also suggested paving the parking lot. Mr. Theurkauf said the parking lot can't be done for under $18,000, which is the balance of the available grant money (including the Township's match). Mr. Rodgers moved to install the basketball court. There was no second. Mr. Connolly said the Parks & Rec Board recommendation is to go ahead on the project in order to expend the funds before the deadline, either by installing a basketball court or through the installation of the Phase I trees. Either proposal fits in with the Master Site Plan. He suggested that if the court is selected, that the engineering be done for both that court and the future second court as shown in the Master Site Plan. Also, the VFCC may be willing to cooperate on installing the second court. Mrs. Ewald said installing the basketball court will take additional playground away from the younger children. Mr. Connolly said both are shown on the Master Site Plan. Mr. Hogan said a chain link fence could be placed around the court due to its proximity to the existing playground. Mr. Connolly suggested waiting for the court to be put in and then deciding if a fence is needed. Charlie Philips said he's in favor of the basketball court, and that there is already a lot at the Park for younger children. Mr. Rodgers moved to use the remainder of the Round 10 grant funds to install a basketball court at Charlestown Park. Mr. Hogan seconded. Mr. Willig called for further discussion, and there being none, called the vote. Four were in favor, and Mrs. Ewald was opposed. New Business Memorandum of Agreement for Off-Site Spring Oaks Improvements Mrs. Ewald moved to table in order to discuss the matter first with the Solicitor. There was no second. Tim Townes of J. Loew & Associates stated his firm has an offsite improvement package relative to their Preliminary Plan Approval for Spring Oaks Business Park. PennDOT's approval is imminent, and waits only for the resolution of an outstanding right of way issue across from the Commons at Great Valley on Route 29, which affects the 4 acre Grillo property. The right of way, or as an alternative, a retaining wall in that area, is needed in order to widen Route 29 at that location. Mr. Townes explained that this is a substantial road improvement plan tied to Spring Oaks. Trammel Crow's Atwater complex has already begun construction, and as they can't obtain any occupancy permits prior to the road improvements, they approached J. Loew and Associates with a proposal to get them done sooner. Trammel Crow proposes to undertake the improvements themselves acting as a contractor to J. Loew and Associates. J. Loew would turn over all funds they have escrowed for the project, including the funds held by Charlestown Township. Before making an agreement with Trammel Crow, J. Loew wishes to confirm the understandings between themselves and Charlestown Township by way of a Memorandum Agreement as presented this evening in draft form. Mrs. Ewald expressed her concern that the proposed Memorandum Agreement does nothing to protect Charlestown or answer the large question of traffic impacts from the Atwater project. Mr. Willig asked how Charlestown can be assured that the traffic improvements will accommodate them. Mr. Townes said J. Loew & Associates has the obligation to mitigate the effects of the Spring Oaks Business Park. This arrangement will meet this obligation, and will benefit J. Loew by having the improvements done much sooner than they would be if they waited for the Spring Oaks project to get started. Mr. McErlane clarified that according to the terms of the Spring Oaks Preliminary Land Development approval, J. Loew & Associates can put those improvements in whether or not Spring Oaks has broken ground. The only permit required from the Township would be for Warner Lane. All other affected roads are state roads and need PennDOT approval. Trammel Crow's share of the improvements, escrowed in accordance with a tri-party agreement among the developer, East Whiteland and Tredyffrin Townships, has been approved by Mr. Kohli as East Whiteland's engineer. Mr. McErlane said J. Loew & Associates is asking for protection from Charlestown by ensuring that this is sufficient to mitigate the impact of Spring Oaks. Mrs. Ewald said Trammel Crow should speak with the Charlestown Board of Supervisors. They need approval to occupy and improve Warner Lane, a Township road. They haven't performed any traffic studies for Charlestown. She said she had no objection to what J. Loew & Associates was trying to do, but said the Board must look after their constituents. Mr. Townes said PennDOT has made these decisions on design for the intersections and signal improvements. He added that the Trammel Crow study incorporates Spring Oaks' by reference. Mr. McErlane asked if Trammel Crow is undertaking only the improvements specified for Spring Oaks and that this is being considered adequate to cover their traffic impacts as well. Mr. Townes said no, in addition to the Spring Oaks improvements, Trammel Crow will be widening the Charlestown Saloon side of Route 29 in front of Warner Lane. They will also widen Charlestown Road beyond the scope required for Spring Oaks. Mrs. Ewald said Charlestown has never seen this plan and has had no input into the approval process. Mr. Willig said the Board needs time to confer with Mr. Kohli and the Solicitor to ensure that the proposed improvements are what Charlestown needs. He will schedule an executive session as soon as possible after Mr. Kohli returns next week. Resolution to Expend Liquid Fuels Funds - Paving of Howell Road Mr. Rodgers moved to approve Resolution #591-02, which Mr. Willig read in its entirety, authorizing the expenditure of funds from the Liquid Fuels account for the resurfacing of Howell Road. Mr. Kuhn seconded and all were in favor. Other Business Mrs. Ewald brought up two items of Other Business. First, she said she'd like to take charge of organizing a Memorial Day Celebration at the Revolutionary War Cemetery. Mr. Willig suggested she provide an outline of what she intends to do. Mr. Kuhn said he wasn't interested in this event, and there were no other comments. Mrs. Ewald proposed re-naming Bridge 178 over the Pickering Creek in honor of Miss Betty Stonorov. The Board decided on a small bronze plaque that would read: "The Elizabeth Foster Stonorov Bridge" and "Miss Betty" on the second line. The Secretary was asked to contact Creative Sign Crafters and request a mock-up and pricing for review and approval. Mr. Hogan will provide her with dimensions. Adjournment Mr. Rodgers moved to adjourn and Mrs. Ewald seconded. The meeting was adjourned at 10:30 P.M. The next meeting will be held on March 18, 2002, 7:30 P.M. at the Great Valley Middle School, room 154. Respectfully Submitted, Linda M. Csete, Township Secretary     CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING March 18, 2002 The second business meeting for March was held March 18, 2002 at the Great Valley Middle School, Room 154. Hugh D. Willig, Chairman, Paul J. Hogan, Vice Chairman, Irene W. Ewald, Kevin R. Kuhn, Michael Rodgers, Thomas F. Oeste, Esq., Gary Bender, Esq., Surender S. Kohli, P.E., Ed Theurkauf, Linda M. Csete, Township Administrator and those on the attached list were present. The meeting was called to order at 7:35 P.M. Announcements Mr. Hogan said he met with Parks & Rec Chair Mark Connolly, Planner Ed Theurkauf, Bill Werkheiser of the Valley Forge Christian College, and the Assistant Vice Principal of the Renaissance Academy to discuss recreation needs. A tentative agreement was reached among the parties, with Charlestown Township to provide one basketball court, the Renaissance Academy a second basketball court, and the VFCC to provide 2 tennis courts opposite the parking lot. He said the Renaissance Academy was very amenable to the discussions. Mr. Willig announced that an executive session was held March 13, 2002 at the Township Office to discuss legal matters. Citizens' Forum - Non-Agenda Items John Harbison, 116 Three Ponds Lane, recommended that the Board consider requiring abutting landowner notifications at the sketch plan phase of new projects so the residents can be involved in the process at the beginning and hopefully work more cooperatively with developers. He was speaking specifically of the proposed Dixon subdivision, which abuts Three Ponds. Mr. Davison said the Planning Commission has directed their Solicitor, Gary Bender, to look at drafting an ordinance to require this notification, in addition to that required at the Conditional Use and Preliminary Subdivision Application phases. He said the Dixon subdivision is a unique situation where the sketch plan phase has gone on for nearly two years. He noted that all the Planning Commission and Board of Supervisors' minutes are posted on the website, so information is available, but the Commission will see what it can do to fill the gap. Mr. Willig said this subject was discussed months ago, and the Board's concern was that the sketch plan process is meant to provide an informal sounding board for applicants and shouldn't be too burdensome. Mrs. Ewald said the Board wants the residents included in the process and that solutions are often brought forward from the community. Approvals Minutes of 3/4/02 Mr. Kuhn moved to approve the minutes of 3/4/02 and Mr. Rodgers seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor. Accounts Payable Report for 3/18/02 The Treasurer explained that the report consisted of one check to Kohli & Associates to supplement the payment made on 3/4/02 for an amount less than shown on the invoice. Mrs. Ewald moved to approve the Accounts Payable Report for 3/18/02 and Mr. Kuhn seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor. New Business Seibert- Winnich Subdivision Abby Schiff, Esq. and Mike Murray of Riley, Riper, Hollin & Colegreco, and Carl Wright, P.E. were present to seek approval for a minor lot line change for two parcels on the south side of Pikeland Road. The proposed change would increase Lot #1 from 6.4 to 15.53 acres, and reduce Lot #2 from 13.4 acres to 4 acres. Ms. Schiff said a feasibility study had been provided for on-site septic. Mr. Murray addressed the outstanding items in Mr. Kohli's review letter dated March 12, 2002 as follows: Mr. Murray produced a copy of a letter dated 2/13/02 from the Chester County Health Department verifying the soil testing for Lot #2 to satisfy item #1. A note will be added to the plans indicating that a shared maintenance agreement will be proposed as part of any future subdivision of Lot #2, to satisfy item #2. With regard to the Horseshoe Trail, Mr. Oeste will provide language for an easement to be included on the plans. Mrs. Ewald asked if the existing driveway to Lot #1 had been considered as the future shared driveway for both lots. Mr. Davison said the Planning Commission looked at it but determined the site lines were better if the existing driveway continue to serve just Lot #1, with the second driveway located to the west. Mrs. Ewald said she was pleased that provisions would be made to maintain the Horseshoe Trail. Mr. Kuhn moved to approve the subdivision plan entitled "Winnich Property Subdivision" dated 8/24/01 and last revised 3/6/02, subject to the completion of the Horseshoe Trail agreement and a note to be included on the plans indicating that no building permit will be approved for Lot #2 until a sewage permit is obtained. Mrs. Ewald seconded and all were in favor. Hearings Altemose Conditional Use Application Jane Opie, Court Reporter, took the proceeds. The hearing was opened and continued to April 15, 2002 per Mr. Ryan's request in a letter dated 3-18-02. Pomanti Conditional Use Application Jane Opie, Court Reporter, took the proceeds. The hearing was opened and continued to April 15, 2002 per Ms. McLean's request in a letter dated 3-14-02. S.G. Souder Conditional Use Application Jane Opie, Court Reporter, took the proceeds. The hearing was opened and continued to April 15, 2002 per Ms. McLean's request in a letter dated 3-14-02. Spring Oaks Business Park Conditional Use Application Jane Opie, Court Reporter, took the proceeds. The hearing was opened and testimony given. The hearing was continued to April 1, 2002. Scipione Conditional Use Application Jane Opie, Court Reporter, took the proceeds. The hearing was opened and continued to May 20, 2002 with an emergency date of June 3, 2002. Dixon Conditional Use Application Jane Opie, Court Reporter, took the proceeds. The hearing was opened and testimony given. The hearing was continued to April 15, 2002. Old Business Baughman Mill Mr. Willig announced that the Board has received a signed Agreement of Sale from the Bartschi Foundation agreeing to sell the Baughman Mill and approximately 60,000 square feet of area to the Township for consideration of $10.00. Mr. Willig said the mill is in a state of disrepair and is listed on the National Register for historic structures and reportedly provided woolen blankets for George Washington's troops at Valley Forge. Last year, the Bartschi Foundation submitted a request for a Demolition Permit, which was reviewed by the Charlestown Historical and Architectural Review Board. Their decision was to deny the permit, after which time the Township entered into negotiations to seek ownership of the mill. The Township intends to preserve and ultimately restore the structure. Mrs. Ewald commended the generosity of Bartschi Foundation manager Henriette Bumeder, who is making the mill and land available to the Township for $10.00. Mr. Willig thanked the HARB for standing firm in its convictions that the Mill should be saved. Mr. Kuhn disagreed with Mrs. Ewald's statement that Ms. Bumeder's actions were generous. He said the deterioration of the mill was a violation of Township Ordinance and this agreement of sale is the result of 1 1/2 years of trying to uphold the ordinance. Mr. Davison asked if the Mill property is under a restrictive covenant, and Mr. Kuhn said there is a covenant against building, but the sale will not be a violation of the easement, and the French & Pickering Creeks Trust, which holds the easement, is aware of the Agreement. Mr. Willig moved to execute the Agreement of Sale between the Bartschi Foundation and Charlestown Township, and Mr. Rodgers seconded. Mr. Willig called for comments, and there being none, called the vote. All were in favor. New Business Toll Bros. Inc. - Charlestown Meadows Settlement Agreement Mr. Oeste provided a review of the Charlestown Meadows application and events leading to tonight's consideration of a Settlement Agreement with Toll Bros Inc. Toll Bros. filed an application in January 2000 for a Planned Residential Development (PRD) consisting of townhouses on a 76 acre tract at the corner of Newcomen and Conestoga (Route 401) Roads. After a series of hearings, the Board of Supervisors denied the first application in June 2000. Prior to the denial date, Toll Bros. submitted a second application on 5/19/00, referred to as Charlestown Meadows II. After another round of hearings, the Board approved the plan on 10/30/00 subject to 41 conditions. Toll Bros. appealed 14 of those conditions named in the decision to the Court of Common Pleas. These 14 conditions primarily focused on stormwater management, open space, landscaping, the recreation center, and traffic improvements. In August of 2001, settlement discussions commenced between the Township and Toll Bros. and including consultants for both parties. Several drafts of a proposed settlement document were reviewed at numerous meetings in order to develop the settlement agreement under consideration this evening. Mr. Oeste briefly outlined the proposed Settlement Agreement, which includes negotiated changes that bring the Agreement very close to what the Board sought in its original decision. The Settlement Plan displayed at the meeting will be attached to the Agreement as part of the Agreement. Items in the Proposed Settlement Plan include the following: With regard to the existing flooding conditions over Route 401, Toll Bros. agreed to control post-development flows to a 5 year pre-development flow while trying to reach a 2 year pre-development flow using best management practices. With regard to recreation and open space, the proposed recreation center will be more centrally located with unstructured open space behind it that will include a handicap-accessible trail with benches, gazebos and similar accoutrements. An 8 foot wide macadam trail will circumnavigate the plan. With regard to tree replacement, trees will be replaced in accordance with the Township Ordinance to the extent possible. A monetary contribution will be given the Township to use for parks and recreation purposes for those trees that are required by ordinance but won't physically fit on the site. With regard to traffic, the existing intersection of Newcomen Road and Route 401 will be signalized, with all necessary lane markings and improvements and an advanced signal warning approaching the vertical curve on Route 401. He indicated that a phrase on Page 12, end of the first paragraph should be stricken, reading, "subject to use of such amenities for reserve parking as set forth above". Mr. Willig said that the 41 conditions imposed in the original decision were the most the Board felt could be included. He described the Settlement as something the Township can live with, although not as desirable as no development at all. Mr. Oeste said all the other conditions of the original decision must be complied with, including the requirement to leave 50% of the tract as open space and to landscape and screen the perimeter of the tract adjacent to residential areas. Residents of West Pikeland and Charlestown Townships made the following comments and asked questions on the Proposed Settlement Plan. A Resident asked how much property will be taken on the West Pikeland side of Newcomen Road in order to install the traffic signal? Mr. Oeste said this won't be known until PennDOT designs the signal. However, the majority of the widening will take place on the Toll Bros. property. A Resident asked what if the land to be taken is part of her drainage field? Mr. Kohli said the tiles would be relocated or otherwise adjusted as needed. She asked if the setback lines on the Toll Bros. site would change as the result of any widening, and Mr. Oeste said the 100 foot buffer would be adjusted. Joe Nimifro said that his view will be of the backs of townhouses and asked about landscaping. Mr. Oeste said that the landscaping plan will be subject to the review of Thomas Comitta Associates and the approval of the Board. Stephanie Skerchok said that the West Pikeland citizens were forgotten in the settlement agreement. She wants more berms and evergreens to buffer their properties on Stonecroft Lane. Mr. Oeste said the landscaping language in the settlement agreement is very broad and should serve to provide the landscaping desired. Mr. Kuhn said there will be a surplus of trees and that they can be used in this area if needed. He said he personally thinks berms are unattractive. You see both the unnatural landscape and the backs of townhouses instead of just the townhouses. Joe Nimifro said that the new access road is directly across from Stonecroft Lane, which is a narrow cul-de-sac street. He is concerned that people will see it as a throughway. Mr. Kuhn suggested the homeowners on this private lane put up signage. Mr. Nimifro said he wants suggestions from Toll Bros as to the possibly of fencing and gates, and a role for them in producing sketches and financing for same. Michael Dixon read from a prepared statement, which will be incorporated into the minutes in its entirety. He also provided a copy of his Deed of Grant of Conservation Easement and Declaration of Restrictive Covenants for his property known as Newcomen Valley Farm. He said there is a conservation easement on his 10.024 acre property that may have bearing on any plans to widen Route 401. Mr. Kuhn said the Township would like to have an opportunity to videotape a portion of the Dixon property to use as a reference in stormwater management planning. Mr. Dixon was noncommittal but indicated this would probably not be a problem. He asked why the stormwater management basin near his property can't be underground. Mr. Oeste responded that the soils don't perc for this. Mr. Dixon said he hasn't seen any studies on the stormwater management plans and would like to have an opportunity to review them and determine their impacts. Mr. Willig said the design must comply with township, county and state regulations once the plan is in the Final Subdivision and Land Development stage. Mr. Dixon asked what the next step in this process is. Mr. Oeste said that assuming the agreement is signed, a final plan will be prepared in terms of the agreement. An opportunity for input will be provided at one or more public meetings before the Board. He explained that the review process for a PRD is different from standard subdivision and land development review in that the plans don't fall into Preliminary and Final categories. Instead, the applicant first appears with a Tentative Plan, which is presented over the course of a series of public hearings. In this case, the Board of Supervisors approved Toll Bros. 2nd Tentative Plan with 41 conditions, of which Toll Bros. appealed 14. The two parties negotiated to resolve these fourteen conditions, bringing them to this settlement agreement under consideration tonight. The Final Plan will be prepared under the terms of the Settlement Agreement, all applicable Township ordinances, and in compliance with the review letters of the consultants, including their comments on stormwater management. All of the conditions will be addressed and resolved prior to Final Approval. He added that the Settlement Agreement provides for certain timeframes in which the Township must respond. The Plan will not return to the Planning Commission prior to Final Approval, but will be reviewed at the Supervisors level. After the Settlement Agreement is in place, Toll Bros. has an unlimited period of time with which to return with the submission of a final plan. The Township consultants are then obligated to issue review letters within 30 business days. Then the plans will be revised in accordance with those reviews and resubmitted. The consultants will then have 10 business days to re-review. After this, the Final Plan will be placed on the next Board of Supervisors agenda for consideration of approval. Mr. Kuhn said the PRD zoning for this tract was put into place many years previously, before any of the current members of the Board were involved. He said the Charlestown Meadows plan is a frustrating experience for the Board and the members are not excited at the prospect of approving it. Mr. Dixon asked how the Board can approve a settlement document without understanding the total impacts of the intersection. Mrs. Ewald said the Board has met with PennDOT before and during the settlement phase and that Toll Bros. is aware of the basic requirements for the improvements. Now they will plan the improvements as part of the final plan. Mr. Kuhn added that the parameters are in the settlement agreement, but that it acts as a framework with the details to be filled in. Mr. Dixon said the vista entering the Township will detract from the historical and cultural significance of the area. Mr. Kuhn said the Board has limited power over aesthetics with no right to dictate the appearance of the townhouses. He acknowledged that this can be very frustrating. Aliena Gerhard, Newcomen Road, asked who drafted the settlement agreement and Mr. Oeste responded that he did. She requested a copy and it was provided to her. She asked if the concerns raised tonight fall under the requirements of the ordinances. Mr. Oeste suggested that those with specific concerns put them in writing and sent to the Township office. Mrs. Ewald said the stormwater management and landscaping issues will be addressed per the Settlement Agreement, with control and guidance in the hands of the Township consultants. Mr. Willig said most of the concerns raised tonight fall within the framework of the Settlement Agreement. Ms. Gerhard asked who monitors compliance, and Mrs. Ewald answered the consultants do. Ms. Gerhard suggested the Township take a video of the open space areas on the site following completion of the plan to avoid any future disagreements over its use. Joe Nimifro asked what the houses will look like. Mr. Oeste referred him to the Toll development in West Whiteland, "Whiteland Woods". Rick Reis asked if all 14 items are now addressed, and Mr. Willig responded yes. A resident asked about the sewage plan. Mrs. Ewald said the development will be on public sewer leading down Route 401 into East Whiteland Township. The water service will be down Newcomen Road. Mrs. Skerchock asked how tall the lights will be for the Rec Center and Pool area. Mr. Kohli said there are requirements in the ordinance, and that the Homeowners Association will be required to abide by their approved plan. Mrs. Ewald added that the Township will also review the Homeowners Documents. Mr. Theurkauf noted that the Charlestown Meadows plan doesn't have as much lighting as either Charlestown Oaks or Charlestown Hunt. Mr. Dixon referred to page 7 of the settlement plan, stating his concern that some of his property could be taken to deal with stormwater management. Mr. Oeste said the language is included in the event this becomes necessary. Mrs. Ewald said the current flooding on Route 401 is a health, safety & welfare issue that needs to be addressed. Mr. Kuhn said the goal is to have more stormwater infiltrate on the site and make the Dixon's situation better, not worse. Mr. Nimifro said the Board is acquiescing to Toll Bros. to avoid the lawsuit. Mr. Willig responded emphatically that this is not the case. He said the Board was very confident in its Decision with the 41 conditions, and that this Settlement Agreement is very close to that Decision. Mrs. Ewald said Toll Bros. agreed to 27 of the conditions up front, and that the two parties were able to come together on the last 14. She said the plan meets the Township ordinances in a minimal fashion without grace. Ms. Gerhard said the Board did an amazing job with this application. They worked hard and did as much as possible within the law. She hopes that in the future, the Open Space Commission can educate landowners in alternates for the land other than selling to developers. Mr. Dixon asked what the Board is contemplating if Toll Bros. can't fix the drainage problem on Route 401. Mr. Kohli said the current pipe under Route 401 is known to be undersized and can't handle a 10 year storm. The Township will look into this matter. The Township originally wanted the basins to be sized to control a 2 year pre-development to 10 year post development flow. Toll came back with a proposal for 5 year pre- and 10 year post-development flow, with an attempt to reduce the pre-development flow to the greatest extent possible at the final design stage. A Resident asked if Route 401 will be closed while the sewer line is installed, and Mrs. Ewald said, probably. Mr. Hogan made a motion to execute the Settlement Agreement. Mrs. Ewald said the Board is sworn to uphold the law, and she regrets if people feel the Board let them down. Mr. Nimifro said Toll Bros. will get what they want, and Mr. Kuhn responded that Toll Bros. builds what the market demands. A resident asked how this plan compares to the other two PRD's in the Township. Mr. Oeste said it probably compares more with Charlestown Hunt. Mr. Willig noted, however, that both Charlestown Oaks and Charlestown Hunt ended up in court, and he said that negotiating a Settlement Agreement is preferable to court, where all decisions are taken out of the Township's hands. Mr. Kuhn seconded Mr. Hogan's motion. Mr. Willig called for further discussion, and there being none, called the vote. All were in favor. Great Valley School District - Request for Increased Pipeline Size for Public Water Service Mr. Willig referred to a letter dated March 4, 2002 from Schoor DePalma, Engineers for the Charlestown Elementary School Land Development project, which requests an increase in line size from 8" to 12" for the new water service to the school. He asked if calculations had been submitted to substantiate the need for the larger pipe, which PSW Co. said is needed to meet the domestic and fire protection demands of the school. Mr. Kohli said no calculations had been supplied. Mrs. Ewald said she would like Mr. Kohli to have an opportunity to review calculations before the Board makes a decision, and Mr. Kuhn agreed. Mr. Willig tabled the matter until this information can be obtained and reviewed. Mr. Kohli will contact Schorr DePalma to request the calculations. Other Business Site Meeting - Hollow and Yellow Springs Road The Board requested that the Secretary try to reschedule a meeting with PennDOT officials proposed for March 21st to either April 2nd or April 9th to allow fuller participation by Board members. PennDOT's widening projects on Hollow and Yellow Springs Road, which will require some tree removal, will be discussed, along with the possibility of the Township taking back ownership of Hollow Road. Adjournment The meeting was adjourned at 11:20 P.M. The next meeting will be held on April 1, 2002, 7:30 P.M. at the Great Valley Middle School, Room 154. Respectfully Submitted, Linda M. Csete, Township Secretary   Home      Site Overview      Contact Us Please report any problems with this site by clicking here. Site development, maintenance and funding by Township resident Jacob D. Merriwether. Hosting by PLH Worldgroup Communications, Inc.