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A beautiful part of southeastern Pennsylvania Fans of the World Series Champion Philadelphia Phillies June 5, 2000         June 19, 2000   CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS BUSINESS MEETING June 5, 2000 The first regular business meeting for June was held June 5, 2000 at the Valley Forge Christian College, Building #11. Irene W. Ewald, Chairman, Hugh D. Willig, Vice Chairman, Kevin R. Kuhn, Michael J. Rodgers, Paul J. Hogan, Thomas F. Oeste, Esq., Surender S. Kohli, P.E., Ed Theurkauf, Leah J. Campion, Asst. Township Secretary, Linda M. Csete, Secretary, and those on the attached attendee list were present. The meeting was called to order at 7:35 P.M. Presentation of Historic Preservation Award Mrs. Ewald introduced Jane Davidson of the Chester County Office of Historic Preservation and presented her with a Historic Preservation Award on behalf of the Charlestown Township Board of Supervisors for her support of Charlestown Township's own historic preservation efforts. Mrs. Davidson had been honored on May 20, 2000 in Washington D.C. as "Outstanding Woman in Historic Preservation". Janet Baldwin, Priscilla Crowell and Grace Mohler of the Charlestown Historical Commission were also present to offer congratulations. Mrs. Davidson provided a brief background on the development of historic preservation activities in Chester County and her role in encouraging municipalities to form their own Historical Commissions starting in the 1970's. Announcements Mrs. Ewald announced that the Board held an executive session with the Township Solicitor on May 25, 2000 to discuss legal matters including the Toll Brothers Tentative Plan application. Mr. Hogan announced that he and Parks & Rec Chairman Mark Connolly met at Charlestown Park with a local Boy Scout Troop that has offered to build a foot bridge over the creek as an Eagle Scout project. Mr. Hogan said this project will be incorporated into the Master Site Plan for the Park. Citizens' Forum - Non-Agenda Items Request for Public Water Diane Leslie and Tom Wolk were present to make a request to the Board to permit public water service to their property on Whitehorse Road due to their difficulty in drilling a successful well for a house now under construction. The property is Lot #12A of the Four Oaks subdivision and is approximately 4 acres in size. Mr. Wolk stated B.L. Myers Brothers Inc. drilled 400 feet without finding water and referenced a letter to this effect dated 5/31/00 by David B. Myers. Mr. Wolk also referenced a 6/1/00 letter from PSW Senior Project Engineer, Thomas M. Kiely, P.E., which indicates that PSW Co. is willing to provide service to the property provided the Township grants permission. Mrs. Ewald said the township has excellent ground water resources and encouraged the property owners to continue efforts to drill. She asked how far along the house construction is, and Mr. Kuhn responded that it's nearly completed. He said their request should be considered, especially since a nearby property had a similar problem and drilled 5 dry wells. Mr. Willig asked if the geology of the area supports their assertion that water won't be found. Ms. Leslie said that in addition to the instance described by Mr. Kuhn, one of their uphill neighbors reports very poor water flow for their home. Mr. Kuhn asked if there is a legal issue involved with this request. Mr. Oeste responded that the Zoning Ordinance makes it clear that the property in question is zoned Farm Residential, which requires both on site sewer and water. He recommended that he have an opportunity to examine the issue and advise the Board. Mr. Willig asked if any other homes are being built in the area, and Mr. Kuhn answered no, that there are still several lots of the Four Oaks subdivision up for sale. Mrs. Ewald noted that several lots of the nearby Stewart subdivision have been recently or are now under development and have succeeded in obtaining on site water. She noted that in most cases, builders install their on-site facilities before beginning the house construction in order to forestall these situations. Ms. Leslie said the original subdivider, Steven Van Vliet, assured them the lots checked out for on site water. Mrs. Ewald agreed that this would have been proven to the Township during the subdivision process. She commented that breaking the zoning by providing public water to a lot in the FR District is a very serious issue. Mr. Wolk asked if the Board can expedite their decision, and Mr. Oeste agreed to advise them by Friday morning, June 9th. Request for Grant of Building Permit Al Fuscaldo, Esq. was present on behalf of his clients, Steve and Christine Myer, equitable owners of 8 acres off privately owned Moses Lane. The Myers were denied a building permit and instructed to apply to the Zoning Hearing Board for certain relief in order to construct a single family home on the property. The Myers then sought relief from the Zoning Hearing Board requesting either (1) an interpretation that the property was non-conforming, or as an alternative, (2) variances from Section 1609 (A) and 1609 (B) of the Zoning Ordinance. Mr. Fuscaldo referenced a letter faxed this afternoon to the Township office dated 6/5/00 in which he stated that the written decision and order of the Zoning Hearing Board was inconsistent with their vote of 2/10/00. He said the vote granted relief from Sections 1609 (A) and 1609 (B) of the Zoning Ordinance, but the written decision granted relief only from Section 1609 (A). He then claims that since the written decision didn't address the 1609 (B) request, it is deemed approved due to the Board's failure to act in the required time period. Mr. Fuscaldo asserted that the property is a pre-existing non-confirming lot as it predates the enactment of Charlestown's first zoning ordinance. Mr. Oeste disagreed, stating that the Zoning Hearing Board determined it was subject to the Ordinance and the applicant did not appeal this determination. The letter requests that the Board of Supervisors direct the Zoning Officer to grant the building permit on the basis that legal access to the property through the Moses property has been established. Ellen Behrle, 11 Moses Way, stated that during the zoning hearing process, the Myers proved their right to an easement across the Behrle property, but not through the Moses property, which ties in to Sycamore Lane. Mr. Oeste advised the Board to deliberate the request in Executive Session and subsequently provide direction to the Zoning Officer. Mr. Fuscaldo requested expedition of the decision, as his clients are closing on the property on June 14, 2000. The Board recessed the meeting to go into Executive Session on this matter at 8:50 P.M. and reconvened at 9:10 P.M. Mr. Oeste said the Board will try to decide the matter within Mr. Fuscaldo's time frame, and in the meantime, suggests he meet with Mr. Moses and the Behrles and try to resolve issues with them. Mrs. Ewald added the matter to the agenda for the Executive Session scheduled for June 8th. Brooklands Plan Submission John Panizza was present to request clarification of a letter he received from the Township Secretary following his submission of plans for the Brooklands Subdivision. The letter stated that the plan would be treated as a new submission and not as a revision to the previous plan, thus triggering the requirement for 21 complete sets of all documents and a new application fee. He said that at the February 7, 2000 meeting, the Board accepted an indefinite extension on the preliminary plan and agreed to a 90 day review period for the revised plans when submitted. He said the plan is clearly a revision and not a new plan, as it addresses the conditional use decision and the consultants' review comments. He expected the plan to be reviewed at the June 11, 2000 Planning Commission meeting and instead was informed that only a completeness review would be undertaken at that time. Mrs. Ewald said the Board will confer with Mr. Oeste and Mr. Kohli in order to clarify the issue and will send Mr. Panizza a response letter. Mr. Willig said that mixing reports that accompanied the prior plan with a new submission creates confusion. He requested a list of documents that are incorporated in the latest submission. Mr. Panizza agreed to provide one. Rescheduling of July Meetings The business meetings for July were rescheduled from the standard 1st and 3rd Mondays to July 10, 2000 and July 24, 2000 due to the Independence Day holiday. Continuation - Spring Lane Farm Conditional Use Hearing The proceeds were taken by Jane Opie, Court Reporter. The hearing was continued to July 10, 2000. Minutes of May 15, 2000 Mr. Kuhn moved to approve the minutes of May 15, 2000 and Mr. Hogan seconded. Mrs. Ewald called for discussion from the Board and then the public. There being none, the vote was called and all were in favor. Treasurer's Report May 1 - 31, 2000 Mrs. Ewald moved to approve the Treasurer's Report for May 1 - 31, 2000 and Mr. Willig seconded. Mrs. Ewald called for discussion from the Board and then the public. There being none, she called the vote. All were in favor. Accounts Payable June 5, 2000 Mr. Rodgers moved to approve the Accounts Payable Report for June 5, 2000 and Mr. Hogan seconded. Mrs. Ewald called for discussion from the Board and public, and there being none called the vote. All were in favor. Reports Reports from the Planning Commission, Historical Commission, Zoning Officer, Roadmaster, Fire Marshal and Citizens' Advisory Committee are on file. There was no Parks and Recreation Report. Minutes from the last meeting of the Valley Forge Sewer Authority are on file. Zoning Officer/Engineer Mr. Kohli said the Building Permit Report for May is on file. Mrs. Ewald asked for the permit status on a Green Lane Road project, and Mr. Kohli said an application was filed but hasn't been reviewed yet. Mr. McErlane will send a letter advising on the Turnpike's tower construction within the week. Mrs. Ewald asked if the two historic structures on one of the Souder subdivision lots was being preserved according to the subdivision approval decision. Mr. Kohli said the larger house, a 17th century house, is being restored at the present time. A later addition was approved for demolition, and that process damaged a back wall of the house that is now undergoing repairs. The 18th century structure is not being addressed at this time. Mr. Willig asked if the trail walk at Charlestown Hunt has taken place. Mr. Kohli said yes, he walked the trails last Thursday with Hunt Association President Laura Neumeister. Items for correction were noted and will be addressed. Planning Commission Report Mr. Philips said the Planning Commission is continuing its work on the Comprehensive Plan and is gratified to see many of the Board members in attendance at the meetings and taking an active interest in the process. He said that numerous plans have been coming in and are being scheduled and reviewed. Roadmaster Mr. Faggioli reported that he's having great difficulties working with the Contractor. He gave the example of his work order for mowing, which was not responded to in a timely way in accordance with the contract. Meanwhile, tall grass is a sight distance hazard for motorists, and he is hearing complaints from residents, the State Police, and neighboring Townships. When the Contractor finally reported for work, the mower broke down. Later in the week, the Contractor undertook mowing without supervision. The Board directed Mr. Oeste to review the contract for a failure to perform and advise the Board. Fire Marshal Mr. Alston provided details from his May Report and said he's continuing to work with the Solicitor on drafts of hazardous materials and fire ordinances. Mr. Kuhn asked about the status of the county radio system. Mr. Alston responded that the problem is fairly serious, with many areas reporting sporadic problems with dispatching. He suspects there would be similar problem spots in Charlestown. Pennsylvania Turnpike Commission Citizens' Advisory Committee Mr. Philips said the next meeting of the Committee is June 28, 2000. The Charlestown representatives on the committee are trying to convince the Turnpike Commission that more meetings are needed in order to get their questions answered, including the questions of the County Planning Commission. Reasonable requests for impact data have been made and have gone unanswered. He believes the Turnpike Commission is aware they have a public relations problem but are compelled to move forward with their plans. Stoudt Conditional Use Application - Continuation The proceeds were taken by Jane Opie, Court Reporter. The hearing was continued to July 10, 2000. Zoning Ordinance Amendment to Include Historic Properties over 25 acres in the "Open Space Option" as a Conditional Use - Continued The proceeds were taken by Jane Opie, Court Reporter. The hearing was continued to July 10, 2000. Subdivision and Land Development Ordinance Amendment to Section 508 The proceeds were taken by Jane Opie, Court Reporter. Mr. Rodgers moved to approve Ordinance #88-2000 with one spelling correction on page 1 under 508.E from "therefore" to "therefor" and Mr. Kuhn seconded. Mrs. Ewald called for discussion from the Board and then the public, and there being none, called the vote. All were in favor. New Business Miles Conditional Use Decision Mrs. Ewald read the 9 conditions listed in the draft decision for the Miles Conditional Use Application. Mr. Rodgers moved to approve the decision subject to the conditions as written and Mr. Kuhn seconded. Mrs. Ewald called for discussion from the Board and then the public, and there being none, called the vote. All were in favor. Mr. Oeste will fax the decision in letter form to Mr. Miles' attorney Ron Nagle tomorrow. Schedule Hearings The Board scheduled hearings for the Toll Bros. Inc. May 19, 2000 applications for a Tentative Plan and Conditional Use Plan for Charlestown Meadows for July 10, 2000 at the Valley Forge Christian College, 7:30 P.M. Escrow Release #4: Commons at Great Valley Lot #16 Mr. Kuhn moved to approve Escrow Release #4 for the Commons at Great Valley Lot #16 in the amount of $42,750.00 and Mr. Willig seconded. Mrs. Ewald called for discussion from the Board and then the public, and there being none, called the vote. All were in favor. Escrow Release #4: Commons at Great Valley Lot #17 Mr. Kuhn moved to approve Escrow Release #4 for the Commons at Great Valley Lot #17 in the amount of $21,534.00 and Mr. Willig seconded. Mrs. Ewald called for discussion from the Board and then the public, and there being none, called the vote. All were in favor. Adjournment Mrs. Ewald adjourned the meeting at 9:40 P.M. The next meeting of the Board of Supervisors is scheduled for June 19, 2000 at 7:30 P.M. at the Valley Forge Christian College. Respectfully Submitted, Linda M. Csete Township Secretary     CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS BUSINESS MEETING June 19, 2000 The second regular business meeting for June was held June 19, 2000 at the Valley Forge Christian College, Building #11. Irene W. Ewald, Chairman, Hugh D. Willig, Vice Chairman, Kevin R Kuhn, Michael J. Rodgers, Paul J. Hogan, James E. McErlane, Esq., Surender S. Kohli, P.E., Ed Theurkauf, Tom Comitta (arrived later), Leah J. Campion, Asst. Township Secretary, Linda M. Csete, Secretary, and those on the attached attendee list were present. The meeting was called to order at 7:45 P.M. Announcements Mr. Hogan said he spoke to Galloway Morris about the possibility of a permanent display of military vehicles at Charlestown Park, formerly a part of the Valley Forge Army Hospital. Mr. Morris, a member of a local military vehicle association, is going to speak with the Phoenixville Area School District, the Great Valley School District, and Charlestown Township further. Citizens' Forum - Non-Agenda Items Request for Public Water Diane Leslie was present to request a ruling on her June 5, 2000 request to be permitted to tie into public water on Whitehorse Road following the drilling of a dry well on her FR-zoned lot in the Four Oaks subdivision. Mrs. Ewald said it was a difficult issue for the Board and cited Article I, Section 102 of the Zoning Ordinance, which describes the Farm-Residential (F-R) District as "entirely dependent on on-site water..." She said the Board asked the Township Solicitor for advice but hadn't had an opportunity to meet with him yet. Ms. Leslie described her recent discussions with Sen. Arlen Specter, Rep. Carole Rubley, and Sen. Jim Gerlach as well as assurances from PSW Co. that public water can be supplied to her property with no cost to the Township. She cited hardship in that each attempt to drill costs $3,000.00, and that in the meantime, she's incurring a cost of $100.00 per day to truck in water for the construction activities now underway at the property. Mrs. Ewald placed the matter on the July 10, 2000 agenda for an answer to Ms. Leslie's request. Request for Grant of Building Permit - Myer Al Fuscaldo, Esq. was present on behalf of his clients, Steven and Christine Myer, equitable owners of 8 acres off privately owned Moses Lane. He wished to update the Board following discussion at the June 5, 2000 meeting at which time the Board requested that he set up a meeting with the Behrles and Mr. Moses to try to resolve right of way issues with them. Mr. Fuscaldo reported that a meeting has been tentatively set up for this weekend and he's hoping for a resolution among the neighbors prior to the Board's July 10, 2000 meeting. Mrs. Ewald expressed her appreciation to Mr. Fuscaldo for his efforts, and reminded him that Mr. Oeste offered to be present at the site meeting if needed. Mr. Fuscaldo said he would call him if necessary. Approvals Minutes of June 5, 2000 Mr. Rodgers moved to approve the minutes of June 5, 2000 and Mr. Hogan seconded. Mrs. Ewald called for discussion from the Board and comments from the public. There being none, she called the vote. All were in favor. Accounts Payable Report - June 19, 2000 Mr. Hogan moved to approve the Accounts Payable Report for June 19, 2000, consisting of one check, #2772 to the Simkiss Agency for Township's annual insurance premiums. Mr. Willig seconded. Mrs. Ewald explained that the due date for this annual invoice routinely falls out of the Board's usual disbursement schedule and creates the need to make payment separately from the standard schedule. Mrs. Ewald called for discussion from the Board and comments from the public. There being none, she called the vote. All were in favor. Old Business Schedule Advertising for Bid - Paving Mr. Rodgers reviewed the changes to the bid specs for paving Blackberry Lane per the Secretary's memo to the Board dated 6/19/00. He said a pre-construction bid meeting will be set up following the award of the bid. Mr. Willig asked why a change was made from requiring bidders to substantiate that they paved "5 roads in 5 years" to "5 roads in 3 years" and Mr. Rodgers said this was changed in order to tighten the bid requirements. Mrs. Ewald asked if portions of other roads, can be added to the bid scope. Mr. Rodgers responded that since this is a liquid fuels project, he would prefer to keep other paving jobs separate, particularly in the interests of time. Mr. Kohli said it would be possible to add other roads or road portions to the PennDOT application if the Board wishes. Mr. Rodgers moved to advertise the bid opening for July 24, 2000 and Mrs. Ewald seconded. Mrs. Ewald called for discussion from the Board and comments from the public. There being none, she called the vote. All were in favor. Charlestown Park Master Site Plan Mr. Theurkauf provided some background on the proposed Master Site Plan for Charlestown Park. Charlestown Township has received in numerous grants under the Chester County Heritage Park program administrated by the County Parks & Recreation Department. The Township currently has an approved application for a Round Ten grant; however, the County stipulated that first a master site plan must be developed for the park in order to avoid a piecemeal development. Mr. Theurkauf reviewed.???ects of the Round Ten application, which proposes the addition of a 1 mile walking/fitness trail, elimination of an existing pond and creation of a wetland study area in its place, lighting for one of the existing soccer fields, and playground improvements. He displayed a plan depicting both current and proposed improvements at the Park. Other proposed future improvements include the conversion of an existing road to a promenade. An outdoor amphitheater, a game area, environmental education area and building, meadow areas, expanded parking facilities and pavilion improvements are also suggested. The goal would be to serve as diverse a population as possible. Pedestrian access points from Township Line Road would be created. Mr. Hogan asked if semi-permeable parking has been considered. Mr. Theurkauf responded that although some of the parking should be standard pavement, possibly with subsurface recharge, other areas could be reinforced turf parking. Mrs. Ewald liked the location of the proposed entrance road and further suggested the abandonment of the F Street entrance, which would solve sight distance problems and provide a more gracious access into the Park as well as improved traffic control. The former F Street could be partially utilized for parking. Mr. McErlane said that the property line runs the length of the road and the adjoining property owner would have to also agree to abandon the road. Mr. Hogan moved to approve the Master Site Plan for Charlestown Park as a working document subject to future modifications. Mr. Rodgers seconded. Mrs. Ewald called for discussion from the Board and comments from the public. Michael Main asked about the zoning for the site. Mrs. Ewald explained that the site was deed restricted by the federal government for recreational purposes when the land was conditionally deeded to the Township in 1976. The Township must report to the federal government on its activities and development of the site, and will own the site outright in about 5 years. Mr. Main said the Township has secured what amounts to a windfall and has dealt with it in a proactive, professional manner. Mrs. Ewald called the vote and all were in favor. She credited Parks & Recreation Board Chairman Mark Connolly with taking a big picture approach that complements the sports programs in place at the Park, and said the Township owes him its appreciation. Mr. Theurkauf said the next step will be developing cost estimates for the Round Ten improvements. Mr. Connolly said he will go to the County with an outlined Scope of Work and bid documents. He hopes the bid can be let in August with the fitness trail and field lighting work undertaken before the end of the construction year. Approximately $12,600 of existing funding remains. Mr. Willig asked if ADA requirements must be met. Mr. Connolly said they're not required to be met for the proposed improvements, but consideration for access is made project by project. The existing restroom at the park is handicapped accessible. Mr. Theurkauf said the County will communicate its own expectations in this regard as well. Mr. Hogan added that the Consumer Products Safety Commission is still debating access issues for playgrounds, and noted that the Township's existing tot lot would be accessible with the installation of a ramp to access the area. Mrs. Ewald called the vote on approving the master site plan for Charlestown Park. All were in favor. Decision: Charlestown Meadows Conditional Use and Tentative Plan Applications The proceeds were recorded by Nancy Toner, Karasch & Associates, Court Reporter. The applications were unanimously denied and the decision was signed by the Board. Decision: Great Valley Nature Center Conditional Use Application Ellen Behrle, member of the Great Valley Nature Center's Board of Directors, was present on behalf of the Nature Center. Mrs. Ewald said that the application on file and the project as now proposed are different. The Board would like to accommodate the Nature Center but notes this inconsistency. She said it was conveyed to her that the Nature Center's architect is willing to prepare new plans at no charge. Mrs. Behrle disagreed with this statement. Mrs. Behrle said that the revised plan follows Mr. Comitta's review letter dated 2/22/00 by removing the footprint from the floodplain, and noted that Board members visited the site and checked the staking of the proposed project. She suggested the Board grant Conditional Use approval with the understanding that no building permit would be issued until acceptable plans were submitted. Mrs. Ewald read the conditions of a draft denial decision in their entirety. She said a revised drawing must be submitted prior to conditional use approval. Mr. McErlane clarified the definition of "as-built plan" from the Subdivision & Land Development Ordinance, as referenced in item #7 on the draft denial decision letter. Mr. Rodgers asked for the size of the proposed maple sugaring house. Mrs. Behrle responded that the plan submitted with the application is a 10 x 12 foot structure plus ramps and a porch. Mrs. Behrle said the Nature Center's attorney marked up the plan and submitted the proposed changes to the Board; however, Board members disagreed with her statement. All said the marked up plan had not been submitted to the Township. Mrs. Behrle said that a later memo from Thomas Comitta Associates dated 6/8/00 is not part of the conditional use hearing record because it was written after the record was closed. The site was staked out as requested during the hearing, and changes were made to the plan to accommodate the 2/22/00 Comitta letter. Mr. Kuhn said these changes were not submitted. Mr. Kohli said the conditional use approval is tied to the size and location of the structure. Mrs. Behrle asked if the Board would grant approval stipulating that the plan will be submitted with the building permit application and must comply with the hearing record. Mr. Willig said the plan acts as a contract. Mrs. Ewald read the conditions of a draft approval decision in their entirety. The Board recessed to executive session at 9:05 P.M. and reconvened at 9:10 P.M. Mrs. Behrle offered an extension to the decision deadline to July 26, 2000 and will submit a revised plan prior to that date. Mrs. Ewald moved to accept the extension in writing from Mrs. Behrle, otherwise moving to deny the conditional use application. Mr. Kuhn seconded. Mrs. Ewald called for discussion from the Board and then the public. There being none, she called the vote. The motion carried, 3-2. New Business Discussion: S.P.C.A. Contract Mr. Kuhn said the proposed S.P.C.A. contract for 2000 covers stray cats and dogs only. Other board members were concerned with this limited scope and high cost of participating. Mrs. Ewald suggested contacting neighboring townships to see if Charlestown could make arrangements with one of their animal control personnel, in order to cover wildlife issues as well. She said the matter should be discussed further. No decision was reached. Schedule Hearings Mr. Hogan moved to schedule conditional use hearings for Document Solutions, Al Emma, and Pebble Pools Inc. for the July 10, 2000 meeting. Mr. Kuhn seconded. Mrs. Ewald called for discussion from the Board and then the public. There being none, she called the vote, and all were in favor. Hearings Altemose Curative Amendment Application - Continuation The proceeds were recorded by Nancy Toner, Karasch & Associates, Court Reporter. The hearing was continued to July 24, 2000. Late Spring Developers Conditional Use Application - Continuation The proceeds were recorded by Nancy Toner, Karasch & Associates, Court Reporter. The hearing was continued to July 10, 2000. Ordinance to Reduce Speed Limit on Buckwalter Road and to Add Stop Signs at Rees Road and Howells Road This matter was tabled to July 10, 2000. Other Business Mr. Kuhn referred to a letter from Grace Mohler requesting the Township arrange for PennDOT to conduct a study for a 3-way stop sign at Charlestown and Church Roads, and a speed limit study for Charlestown Road in the Historic Village. The Board agreed to request the studies. Mr. Kuhn asked the Board to consider a request from Green Valleys Association to endorse their proposed river conservation plan. The matter was placed on the July 10, 2000 agenda. Adjournment The meeting was adjourned at 11:15 P.M. The next meeting of the Board of Supervisors will be held at the Valley Forge Christian College, Building #11, 7:30 P.M. on July 10, 2000. Respectfully submitted, Linda M. Csete   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.