A beautiful part of southeastern Pennsylvania

November 4, 2002    November 18, 2002   CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING November 4, 2002 The first business meeting for November was held November 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, Thomas F. Oeste, Esq., Ed Theurkauf, Linda M. Csete, Township Administrator and those on the attached list were present. The meeting was called to order at 7:32 P.M. Announcements Mrs. Ewald remembered long time resident Johanna Reed, who passed away on October 21st at the age of 85. She was a township resident since 1940 and world known for her horticultural contributions. Her property in Charlestown, Longwood Farm has been compared to a Cézanne painting. Mrs. Reed also gave time to the community and was a member of the Consolidated School Board for six years. Mrs. Ewald shared several anecdotes. Mr. Kuhn added that approximately 1,500 people attended her memorial service on Saturday. Mr. Willig announced that the Board met in Executive Session with the Solicitor on October 31, 2002 to discuss legal matters, and they also held a brief session at the Township office prior to the meeting this evening. Citizens' Forum - Non-Agenda Items Jacob Merriwether asked if there is a map or any guidelines for new residents with regard to horseback riding as he had an inquiry sent to the website recently. Mrs. Ewald suggested putting new residents in touch with Sally Dixon, Alix Coleman, Bob Roggio, or Marcia Solda who could share information on horse trails. She also suggested finding out where the new residents live and trying to pair them up with someone nearby who rides. Margie Crawford added that the Horseshoe Trail is over 8 miles long in Charlestown and there is a map available in the Township office. Approvals Minutes of October 21, 2002 Mr. Kuhn moved to approve the minutes for 10/21/02 and Mr. Rodgers seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor. Minutes of October 29, 2002 Mr. Hogan moved to approve the minutes for 10/29/02 and Mrs. Ewald seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor. Treasurer's Report October 1 - 31, 2002 Mrs. Ewald moved to approve the Treasurer's Report for October 1 - 31, 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 11/4/02 - General Fund The Treasurer said there is one check, #1426, to add in the amount of $518.00 to cover postage for the upcoming Open Space Commission newsletter. Mr. Rodgers moved to approve the Accounts Payable for November 4, 2002 including check #1426 and Mr. Kuhn seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor. Reports Zoning Officer Mr. Kohli said his building permit report for October is on file. Mrs. Ewald asked for confirmation of the right of way along Whitehorse Road from Route 29, which she thought to be 33 feet according to some drawings on file. Mr. Kohli said PennDOT has provided a plan showing a 50 foot right of way along the property owned by Tom Fillipo. The drawing stops short of showing the right of way in front of the 6.2 acre Township property. Planning Commission Mr. Davison reported that the Planning Commission met on October 8, 2002 to review various plans and discuss the Official Map. Recommendations were made on the Dixon, Scipione, and Goodman subdivision plans. At their second meeting on October 22, 2002, discussions continued on Transfer of Development Rights, the Official Map, and alternate uses for historic property. Historical Commission Rosemary Philips reported that work is progressing at the Charlestown Woolen Mill with all vines and underbrush removed from the structure. The Commission received word on October 24th that a grant award of $90,000 has been approved by the Pa. Historical and Museum Commission, with related paperwork expected to be completed by February 2003. The funds should therefore be available early in 2003 for restoration efforts to begin. Mrs. Philips said PennDOT responded quickly to problems at the Baughman General Store, which had several vehicles crash into its porch from Charlestown Road recently. PennDOT has installed a guardrail barrier and is arranging to clear bamboo that is obscuring warning signage approaching the Historic Village in that area. Mr. Kuhn and Mrs. Ewald expressed concern over a copy of the letter received at the Township office from PennDOT that was addressed to the property owner stating they would remove and spray herbicides on this bamboo from her property even outside their right of way. Mr. Kuhn was concerned about chemicals leaching into the flood plain. Mrs. Ewald said the letter had no PennDOT letterhead and was unsigned by its author Andrew Warren. She said the letter is offensive and threatening in tone and asked what might have generated such a response. She read aloud the Township's initial letter to PennDOT requesting a speed study and review of signage, and said it shouldn't have prompted such a response. Mr. Willig tabled this matter for further discussion until later in the meeting. Mr. Hogan said the Mill area has been fenced in to prevent trespassing. He said he has been asked by the Historic Commission to be their liaison to the Board of Supervisors. Mrs. Philips added that Mr. Kuhn has been their liaison but is unable to attend their Tuesday meetings due to an ongoing scheduling conflict. The Board was in agreement with Mr. Hogan acting as liaison to the Historical Commission. Mrs. Ewald asked if the Pierce painting has been brought to the Township office yet as previously discussed. Mr. Merriwether said the Historical Society will be meeting on Wednesday to discuss the matter. Open Space Commission Mr. Kuhn said the Open Space Commission is working diligently in its efforts to reach out to township residents on open space matters. They are setting up a display at the polls tomorrow and will be handing out complimentary "No Trespassing" and "No Hunting" signs, as well as conducting an open space survey. Roadmaster The Roadmaster's report for October is on file. Fire Marshal/EOC Mr. Alston read his report for October in its entirety. There were four automatic fire alarms, one smoke detector activation, one transformer fire and twelve vehicle accidents, three of which were at the "S" Bend on Coldstream Road. He said that the burning ban is lifted effective immediately, but reminded the public the county is still under a drought emergency and to follow water conservation measures. He outlined burning regulations in Charlestown: leaves and waste papers only may be burned in approved containers during daylight hours and at least 30 feet from dwellings and property lines. The Fire Board must be called before and after burning at 610-644-1224. Other permitted burning includes fire for cooking, ceremonial purposes, and agricultural burns. Parks & Recreation Board Mr. Hogan said the issue of basketball standards has been resolved, and complimented Parks & Rec Chairman Mark Connolly on his research leading to the selection of square standards. Mr. Hogan said he still plans to look at the footbridge over the Pickering Creek near Peaks Pike and Pickering Dam Road. Mrs. Crawford said this bridge has some graffiti on it, and Mr. Hogan said he'll check it out as well. He offered the use of his power washer to the Brightside Farm Committee to use in their clean up efforts. Brightside Farm Committee Mr. Merriwether reported that Newell Burdick, Ben Bingham and Alix Coleman have been cleaning the lower level of the dairy barn, all by hosing and scraping. They will also do the two smaller connecting rooms. The Committee no longer anticipates hiring anyone to do this work. Cat odor remains a problem and will be looked at after the cleaning is completed. Mr. Merriwether said Tim Townes of J. Loew and Associates met with committee members to check out the lower bank barn cleaning needs, as his company donated the time of four men for two days to do the cleanout along with providing a 30 cubic yard dumpster. If they finish early, they'll also clean the Quonset hunt. Work is planned for November 7th and 8th, and a member of the committee will work with them. Mr. Merriwether said hay and straw still need to be swept from the upper level. He envisions the lower area as a good place for small art shows, as the stalls will make nice display areas. Mr. Merriwether said the Brightside Farm Committee approved the expense of approximately $300 for Plexiglas that will be cut to size for the downstairs windows in the farmhouse. The Plexiglas, along with installation of some insulating board under the living room floor between the rafters, should improve the cold and drafts experienced during winter months. Mr. Bingham will perform the necessary labor. Mr. Merriwether said the next meeting of the Brightside Farm Committee will be held November 7, 2002 at 7:30 P.M. at the farmhouse. Mr. Hogan expressed appreciation for the Committee's efforts, and Mrs. Ewald noted the Township is fortunate to have volunteers with their farming experience. Valley Forge Sewer Authority Mr. Rodgers said the VFSA is reviewing its Act 537 Plan, which requires expansion or other action when 80% capacity is reached. The VFSA is at this capacity now. One option aside from expansion is to divert capacity to the Phoenixville plant, as they are only at 45% capacity. An agreeable fee must be reached, however. The Phoenixville plant is asking for $2.56 per 1,000 gallons when the VFSA can handle this amount for $.86. Mr. Rodgers said they must either come to terms or the VFSA will have to expand its own plant within four years. Mr. Rodgers also reported that odor control equipment was recently purchased and is now being installed, which should alleviate recent odor complaints. The VFSA is also considering the proper pipe sizing to service Charlestown Meadows. A 4" pipe would be sufficient, but a 6" pipe would save money on power for pumping. Old Business - None New Business Toll Bros, Inc. Charlestown Meadows Revised Final Plan - Route 401 and Newcomen Roads Chris Schubert, Esq., Glenn Andrews and Dan Lutz of Chester Valley Engineers, and Bruce Panczner, Toll Bros Inc. ("Toll") were present for the Charlestown Meadows Revised Final PRD Plan dated 9/26/02. Mr. Schubert said the final plans had been submitted and reviewed by the Township Consultants per the Settlement Stipulation Agreement. Toll then revised and resubmitted the plans, and two further review letters were received from Mr. Kohli and Mr. Theurkauf, also per the Agreement. During this process, several follow up meetings were held with the consultants to work out details. Mr. Schubert stated that, per his letter to Mr. Theurkauf dated 11/4/02, Toll will comply with his suggested revisions. With regard to Mr. Kohli's last review letter dated 10/23/02, there are four outstanding issues to discuss. Mr. Schubert said Toll will comply with all other items. Mrs. Ewald said the Board can't be prepared to discuss the items since they were only presented to the Board in a letter dated 11/4/02 at the beginning of the meeting. The Board members need time to go over the letter. Mr. Oeste said that the settlement stipulation provides for a decision this evening, and that Mr. Schubert's letter, which was written intending to simplify the process, may have inadvertently caused a problem. He was under no obligation to provide his issues in written form. Before discussing the outstanding items, Mr. Schubert requested that Charlestown Meadows be permitted as a gated community. Mr. Schubert said this item came up after both parties signed the agreement, and that Toll is looking for input from the Board. They are willing to forgo this if necessary. Mr. Kuhn said gated communities were discussed at the recent "Countryside Exchange" during their presentation on "livable communities". Gated communities segregate the residents from the rest of the community and alienate the new residents as an island unto themselves. Mrs. Ewald asked what the Charlestown Meadows would be gated from, as Charlestown is not a high crime urban area. A gated community contradicts the character of the semi-rural, friendly community of the Township. She doesn't believe this would serve the new residents' interests. Mr. Schubert said the board members' responses are acceptable and Toll will keep the plan open as agreed. Mr. Schubert presented the four issues for discussion as follows. Mr. Schubert referenced item #8 on page 3 of his 11/4/02 letter regarding Route 401 Flooding Improvements. Mr. Kohli said the existing pipe, which will remain in place, can only handle a 2-year storm, pre-development. Toll needs to design the additional proposed 36" pipe to handle a 5-year storm, pre-development, and to demonstrate how they would do so. Mr. Andrews distributed sets of 11 x 17 drawings dated 11/4/02 entitled "Infiltration Test Pit Locations", "Culvert Plan', "2-Year WSEL", "5-Year WSEL" and "10-Year WSEL" to address this issue. The existing 30" culvert overflows at 40 CFS (Maximum Runoff) and creates a condition of standing water on Route 401 for a rain event somewhere between a two-year and five-year storm. The proposed additional 36" culvert will alleviate standing water for both pre-developed and post-developed conditions for a ten-year storm. There will be minor flooding during a 50 year storm. Michael Dixon, a resident downstream and across from the existing and proposed culverts, questioned the design of the new culvert, making reference to his video of a storm event on May 2, 2002. He said that it doesn't appear that the proposed culvert would alleviate the flooding onto his property and into his pond. Mr. Schubert provided a description of the proposed culvert construction and the easement area, which will allow access for periodic maintenance by PennDOT. Mr. Kohli added that the culvert design is in the review process with PennDOT now and will be constructed using their guidelines. Assuming PennDOT issues the Highway Occupancy Permit, PennDOT will be responsible for maintaining the culverts within their right of way. Mr. Kohli and Toll representatives plan to meet with Mr. Dixon on November 7th to videotape his property. Mr. Oeste said the Township is responsible for obtaining an easement from Mr. Dixon per the settlement agreement. Mr. Kuhn asked what will happen if the design fails at some future time, and Mr. Kohli said the Township would go to PennDOT and they would re-design. Mr. Kuhn asked who would be responsible for downstream property damage. Mr. Oeste said this is addressed by the agreement. If the damage is found to be Toll's fault, they will be responsible; however, if the damage occurs despite their attempt to correct the existing conditions, the Township will be responsible. Mrs. Ewald asked how the water will be filtered as it heads toward the creek. Mr. Kohli said it will be filtered through the double detention basin systems and will have to comply with their NPDES permit, therefore the DEP will be the regulatory body. Mr. Lutz added that the native grasses and wildflowers planned for the basins will also help filter the water. Mr. Kohli added that the outlet structure could be retrofitted for a bag system if necessary. Mrs. Philips asked if the basins will create a mosquito problem. Mr. Kohli said no, the basins are designed to drain within 24 hours of a rainfall event. Mr. Schubert referred to item #9 on page 5 of his letter of 11/4/02 with regard to controlling the rate of runoff. Mr. Andrews said that reducing the 10 year post development rate to the 5 year predevelopment rate is as good as they can provide due to the topography of the site. Mr. Schubert added that calculations have been submitted to demonstrate this limitation. Mr. Schubert referred to item #10 on page 8 of his letter of 11/4/02 and requested that Mr. Oeste provide the language for the Township to send a letter to the Philadelphia Suburban Water Company to provide for a franchise extension to service Charlestown Meadows. Mr. Willig said to make sure the letter specifies the pipe is to be sized for that area only. Mr. Schubert referred to item #11 on Page 9 of his letter of 11/4/02 with regard to percolation testing in the area of the proposed detention basins. Only two areas have been found to be feasible, and are located between Units 163 and 176 and Units 167 and 172. Toll is willing to provide recharge areas at those locations, however Mr. Kohli said they're too small to make any appreciable difference and not to bother constructing them. Mr. Kohli said the Township wanted infiltration between the buildings and in the perimeter area but tests show the soil is unsuitable. Mr. Schubert said it could only be done in wooded areas, which would be undesirable due to destruction of trees. Mr. Panczner said drip irrigation in the woods was initially proposed; but infiltration beds are deeper, and the soils are less permeable at those levels. Mr. Lutz said only 2 of the 33 test pits worked for recharge. Various options were proposed, including water storage under roads, larger underground storage pipes, and other areas to test. However, alternate areas were found to be unsuitable, and Mr. Schubert said the other options suggested wouldn't make an appreciable difference. Mr. Lutz said the underground pipes are too recent a development to know the long term performance, and the topography doesn't lend itself to pipes at the bottom of the basins. Mr. Oeste said there is some flexibility in the settlement agreement on this issue. The developer was required to explore options, and they've demonstrated difficulty finding perc areas and state that underground piping is not cost effective. Mrs. Ewald said the Board was left out of this process and that she needed an opportunity to discuss this with the consultants. Mr. Oeste suggested that the applicant allow the Board two weeks to digest the volume of information produced this evening and to meet with their consultants, with a decision to be made at the November 18, 2002 meeting. Mr. Schubert requested time for Mr. Panczner to confer with his office to respond with this request. In the meantime, Michael Dixon and others present were given an opportunity to ask questions and comment. Mr. Dixon said he submitted a series of questions to Mr. Kohli via e-mail on 10/29/02 and provided a copy to the Board. He asked what the sewage pump station will look like since it will be across the street from his property. He distributed a picture of a pump house designed by Buchart-Horn Inc. that he took off the Internet. It was designed to look like a barn and to blend in with surroundings. Mr. Panczner agreed to work with Mr. Dixon to ensure the result is aesthetic. He suggested a springhouse design constructed of stone. Mrs. Ewald asked about the effects of lighting on neighboring properties. Mr. Kohli suggested that restrictions on flood lights be handled in the Homeowners documents. Joe Nimifro, West Pikeland Township, said the concern of his neighborhood expressed at the hearings a year ago is water cascading down the new street across Newcomen Road to Stonecroft Lane. Mr. Kohli said all run off from the street is designed to be handled on site. Mr. Andrews said it drains to low points and basins on site. Mr. Nimifro asked if there will be berms and buffers for Newcomen Road. Mr. Andrews said a buffer of street trees mixed with evergreens is proposed. Mr. Nimifro said his neighborhood would like to see a berm as well, and gives an example of one at Ship Road and Swedesford Road. Mrs. Ewald asked for the drop in elevation from the top of Charlestown Meadows toward Newcomen Road, and it was estimated at 140 feet. Mr. Kuhn said he dislikes berms and that a drop of 140 feet can't be hidden by a berm. Mr. Theurkauf said there should be no clear view through the proposed mixed buffer, but he'll look at the plans again. Mr. Panczner said Toll would be willing to build a berm if the Township waived its provisions against them in the open space area due to cut and fill grading. Mr. Dixon asked what phase the culvert improvements would be constructed in for Route 401. Mr. Kohli said most likely they would take place along with the improvement of the Route 401 entrance after obtaining the Highway Occupancy Permit from PennDOT. Mrs. Ewald asked if this will include the traffic signals. Mr. Kohli said the traffic signal plans have been sent to PennDOT for review as well as the applications for highway occupancy for both entrances. The Township needs to obtain one easement before the signal can be constructed. Mr. Dixon asked if the storm basins will be fenced. Mr. Kohli said no, a vegetative screen would be used. Mr. Theurkauf described this as a thorny, prickly barrier to discourage access. This type of vegetation is flowering and some have fruits. Mr. Kohli said there would have to be emergency spillway locations that must be gated. Mr. Schubert stated that Toll agrees to extend the decision deadline to November 18, 2002, and signed a note to that effect drafted by Mr. Oeste. Mr. Willig then placed the matter on the agenda for November 18th. Budget 2003: Authorize Advertising of Proposed Budget Mrs. Ewald moved to direct advertising the draft budget for adoption at the December 2, 2002 meeting with a date of December 16, 2002 in the event of an emergency cancellation of the December 2nd meeting due to snow or other event. Mr. Kuhn seconded, and Mr. Willig called for discussion. Mrs. Ewald asked what the $22,000 for regional planning would be used for, and Mr. Kuhn said this is the estimate given for the Delaware Regional Planning group to develop a regional comprehensive plan over the next two years. The entire cost is estimated at $250,000, or approximately $40,000 per member per year. Mr. Willig called the vote and all were in favor. Discussion: Parking on Public Streets Mr. Willig tabled this matter to November 18th. Execute Pennsylvania Historical & Museum Commission Grant Contract for Charlestown Woolen Mill Restoration - $90,000 Award Mrs. Ewald moved to enter into a grant contract with the Pennsylvania Historical and Museum Commission (PHMC) for a $90,000 Keystone Historic Preservation Grant for restoration of the Charlestown Woolen Mill. Mr. Kuhn seconded, and Mr. Willig called for discussion. He asked if this is a matching grant, and Mrs. Philips said yes. Mr. Kohli noted that the work will be performed under the Scope of Work prepared by Dale Frens that was submitted with the grant application. Mr. Kuhn asked what the Township would have to do if the scope changed, for example, if they decided not to undertake restoration of the 3rd section, which was a more recent addition to the Mill. Mr. Kohli said the restoration plans were designed to be performed in stages, so the scope could be revised. Mrs. Philips said in order to do this, the Township would have to go back to the PHMC for approval. Mr. Willig called the vote and all were in favor. Proposal for Temporary Stabilization of Charlestown Woolen Mill - 18th Century Restorations Mr. Kohli explained that prior to restoration efforts beginning in 2003, some temporary stabilization is needed for the Charlestown Woolen Mill immediately, for which the Board had earlier allocated $18,000. So far, C.M. Jones Inc. has taken care of the de-vegetation necessary, and Mr. Kohli and Mr. Frens were able to view the roof structure using their bucket truck to determine its condition. The roof is more intact than had been expected, and one bad area has been temporarily tarped for protection over the winter. One temporary measure remaining is the need to stabilize four window openings on the side of the mill opposite Charlestown Road. The lintels are rotted away, and the remaining stone is in immediate danger of collapsing. Mr. Kohli obtained a quote from 18th Century Restorations, Inc. to construct wooden frame boxes and fill gaps with loose mortar to keep the openings intact until the full restoration can take place. Mr. Kuhn moved to execute the contract with 18th Century Restorations Inc. for the stabilization of four window openings in the southwest side of the mill for $3,900. Mr. Hogan seconded, and all were in favor. Mr. Kohli will notify Wesley Sessa of 18th Century Restorations, and the Secretary will obtain a Certificate of Insurance from the company prior to work beginning. Execute Chester County Landscapes 21st Century Fund Municipal Grant for Acquisitions along the Horseshoe Trail - $40,000 Award Mrs. Ewald moved to enter into a grant contract with Chester County for a $40,000 Landscapes 21st Century Fund Municipal Grant for the Horseshoe Trail project. Mr. Kuhn seconded, and Mr. Willig called for discussion. Mr. Willig called the vote, and all were in favor. Escrow Release #9 - Commons at Great Valley Lot 15 Mr. Rodgers moved to approve Escrow Release #9 for the Commons at Great Valley Lot #15 in the amount of $42,990.70 and Mrs. Ewald seconded. Mr. Willig called the vote and all were in favor. Other Business Bamboo on Private Property - Charlestown Road The Board directed Mr. Oeste to write a letter to PennDOT, with a copy to the property owner, that the Township asks for clarification on why Andrew Warren's letter was sent to Ms. Bumeder. The letter should also state that the Township requests no herbicides be used in dealing with the bamboo obscuring signs approaching the Historic Village on Charlestown Road, and that the property owner should be provided an opportunity to take care of the matter before they proceed with any removal of vegetation. Collateral Escrow - Solda Property Mr. Rodgers moved to authorize entering into a Collateral Escrow Agreement with First Financial Bank and to authorize the Township Treasurer to wire $400,000 from the Obligation Bond Note Series 2000 into an escrow account at First Financial Bank to act as collateral for the Solda's Citibank mortgage as an interim measure prior to the Township's receipt of a County Grant to provide partial funding for the purchase of Open Space Covenants on the Solda property. Mr. Kuhn seconded. Mr. Willig called for discussion. He asked for the Township's ultimate exposure and Mr. Kuhn stated that the grant funding is expected within 4-6 months, while the Solda mortgage is for a full year; therefore, there should be no exposure. The purchase price of the Open Space Covenants is $700,000, with some contribution by the property owners, $200,000 via the County Grant, and the remainder due from the Township unless additional contributors can be found. The Township Solicitor will approach East Pikeland Township on this matter. Mr. Willig called the vote, and all were in favor. Authorize Advertising for Independent Auditor Mrs. Ewald moved to direct the Secretary to advertise the Board's intention to appoint an independent auditor at the January 6, 2003 Reorganization meeting to audit the books for 2002. Mr. Kuhn seconded and all were in favor. Traffic Calming: Union Hill and Rees Roads This item will be addressed at the November 18, 2002 meeting. Schedule Executive Session The Board scheduled an Executive Session for November 7, 2002, 5:00 P.M. at the Township office to discuss legal matters. Adjournment The meeting was adjourned at 10:30 P.M. The next meeting will be held on November 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 November 18, 2002 The second business meeting for November was held November 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., Ed Theurkauf, Linda M. Csete, Township Administrator, Melanie Lammers, Recording Secretary, and those on the attached list were present. Executive Session Mr. Willig announced that a brief executive session would take place prior to the meeting to discuss personnel matters. Call to Order The meeting was called to order at 7:46 P.M. Announcements Mrs. Ewald remembered long time resident Walter Lamb, who passed away last week. She described him as a developer and builder who restored his historic stone barn and home near Pikeland and Merlin Roads and generously offered its use to the Historical Society for parties and other events. He placed all his land under conservation easement with the French & Pickering Creeks Trust. He was a former director of the French and Pickering Creeks Trust and was a leader in the establishment of the Middle Pickering Rural Historic District in Charlestown. Mrs. Ewald wished a Happy Birthday to Catherine Jenkins, who will be 96 years old next week. She encouraged people to send cards and visit her at St. Martha's Manor, Room 109, in Downingtown. Appointment The Secretary introduced Melanie Lammers and recommended her for the position of Recording Secretary. Mr. Hogan moved to appoint Ms. Lammers at an hourly rate of $13.00, and Mr. Kuhn seconded. Mr. Willig called for discussion, and then the vote. All were in favor. Citizens' Forum - Non-Agenda Items Robert Devlin, 3149 Phoenixville Pike, was present to request approval from the Board to permit public water service for his home due to a steadily dropping water level from his well that can be attributed to Glasgow's expansion of quarry operations nearby. Even though water levels have improved due to recent rains, his well level continues to drop. Mrs. Ewald clarified that Mr. Devlin's home is in the LI-2 District, where public water is permitted. Mr. Kuhn moved to approve the request to permit public water service for Mr. Devlin's property at 3149 Phoenixville Pike, with service restricted to that property. Mr. Willig seconded and called for discussion. They're being none, Mr. Willig called the vote, and all were in favor. Bill Hochwind, 5 Lindsay Lane, asked for clarification on a letter he received from the Zoning Officer regarding his outstanding building permit, for which the project remains uncompleted after the deadline. The letter states that the permit has expired and a new permit must be submitted. Mr. Kohli agreed to look at the property and resolve the issue directly with Mr. Hochwind. John Pittock, Wells Road, was present on behalf of the Chester Valley Grange organization. He said he is a member of the Historical Society, which has worked cooperatively with the Grange for many years. Charlestown Historical Society President Phil DeFranco has proposed a joint effort such as a dinner or auction to help the Grange raise funds. Mr. Pittock said the Grange is not tax exempt, and requested that the Board consider refunding their 2002 tax payment as a donation in support of the organization. He said the Grange has been part of the Township's heritage and history for over 200 years, and the Grange building needs a lot of attention at present. Mrs. Ewald suggested the Grange Board of Directors look into filing as a 501-C3 Organization to acquire a tax-exempt status. Mr. Oeste said the Township does not have the authority to rebate taxes, and also suggested they pursue tax exemption status. Approvals Minutes of November 4, 2002 Mr. Kuhn moved to approve the minutes for 11/4/02 and Mr. Hogan seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor. Hearings Official Map Ordinance The hearing was opened and proceedings were taken by Tom Corcoran, Court Reporter. Tom Comitta briefly testified, citing the need for further consideration of the Ordinance by both the Planning Commission and Board of Supervisors. Among other considerations, the Naylor property will be removed from the map due to its degree of constraints, and other properties will be examined to see if they should be removed for the same reason. The hearing was continued to January 27, 2003 at the Great Valley Middle School, Room 155 at 7:30 P.M. with an inclement weather/emergency date of February 3, 2003. Zoning Ordinance Amendment The hearing to consider an ordinance titled "Zoning Ordinance Amendment to Update Article I, Revise Definition of 'Net Lot Area' in Section 201, to revise Section 1611 'Stream Valley Restrictions' and to add Section 1617 'Wetland Buffers'" was opened and proceedings were taken by Tom Corcoran, Court Reporter. Following testimony, the hearing was closed. Mr. Rodgers moved to approve Ordinance #105-02 and Mr. Hogan seconded. Mr. Willig called for discussion and then the vote. All were in favor. Old Business Toll Bros, Inc. Charlestown Meadows Revised Final Plan - Route 401 and Newcomen Roads Chris Schubert, Esq., Ray Gamble, Glenn Andrews and Dan Lutz, P.E., Chester Valley Engineers, and Bruce Panczner, Toll Bros Inc. ("Toll") were present for the Charlestown Meadows Revised Final PRD Plan dated 10/10/02. The Applicant had agreed at the November 4, 2002 Board of Supervisors meeting to allow the Board two weeks to digest the volume of information produced at that meeting and to meet with their consultants, with a decision to be made at the November 18, 2002 meeting. The proceedings were taken by Tom Corcoran, Court Reporter. Mr. Oeste provided copies of a revised draft Resolution to approve the Application for Charlestown Meadows, subject to 16 conditions. The revisions included those made by both himself and Chris Schubert, Esq. Mr. Oeste outlined the changes to each of the 16 conditions, after which Mr. Schubert went through each item with explanations of his changes. Changes to Items 1 - 6 were minor and agreed upon by both parties. There was some discussion on limiting use of herbicides and pesticides to environmentally friendly compounds in Item #7. A phrase stating "which cause no soil or groundwater contamination" was stricken, as Mr. Schubert said while the intention is to be environmentally friendly, the possibility of slight run off cannot be eliminated altogether. For Item #8, Mr. Schubert added that the pump station will be appropriately sized to construct and house the necessary equipment, and this was acceptable to the Board. There was considerable discussion on Item #9 with regard to landscaping issues. Language was changed for the provision of evergreens to headlight-impacted neighbors on the north side of Newcomen Road to allow them a 30 day period in which to notify Toll Bros they would like to have plantings on their properties. Toll will send these neighbors a letter with an accompanying landscape plan after Phase I has occupancy of 75% of its units and they will have 30 days to respond. There was discussion about where these trees will come from, whether it will reduce the number of trees in the interior of the Charlestown Meadows site or if there would be surplus trees. Questions were raised over the proposed caliper-exchange rate (i.e., one larger tree being worth a certain number of smaller trees). With regard to tree removal, Mr. Theurkauf said the quantity of trees to be removed was recently changed to match a change in the limits of disturbance. Because of this, an exact tree count is not yet available and so it's not known whether there will be a surplus of trees. Mr. Schubert said if there are surplus trees, they will be used, and if they can't all be used, a fee-in-lieu will be determined. Joe Nimifro, Stonecroft Lane, West Pikeland Township, said he is insulted that Toll is taking away trees from the Charlestown Meadows residents to give to his development when both should have them. Mr. Theurkauf said the tree count won't be ready until the final plan is prepared. For Item #10, Mr. Kohli provided language to add to the Resolution indicating that all lighting shall be effectively aimed so as to shield from direct glare, light radiation or pollution, or light that creates a safety hazard or nuisance. Only a "typical plan" needs to be available now. Item #11 was revised in order to clarify that the water pipe serving Charlestown Meadows shall be sufficient to serve the development and subject to the Township Engineer's review and approval. For Item #12, Dan Lutz, P.E. outlined four best management practices to be used in designing and constructing the outlet structures for the stormwater management basins. These include: Plantings at the bottom of the four basins to include a mix of wildflowers, native grasses and other natural vegetation for a filtering effect. Mr. Theurkauf explained that over time, the ratio of these plants changes to suit the dryness or wetness of the environment. Basin #1 will have a four bay system to act as a sediment trap. The Homeowners Association will be responsible for maintaining the basins. There will be two end wall structures at the outlets of Basin #2 and Basin #4. The basins will be modified to include a sand filter bed under the riprap. Parking lots C & D will have oil separator filters to drain through before reaching the outlets. Mr. Oeste summarized all the changes made during the discussions this evening. Mr. Nimifro asked why undulating berms weren't considered further after the meeting two weeks ago. Mrs. Ewald said the one buffering Charlestown Hunt from the Bell and Clapper works well. There was some discussion but no further support for berms. The Board expressed its concern about voting on the Resolution without reviewing a clean copy after all the changes this evening. Mr. Willig called for a brief executive session, after which the meeting was reconvened. Mr. Rodgers moved to approve Resolution #596-02 approving the Application of Toll Bros Inc. for tentative approval of the planned residential development to be known as "Charlestown Meadows" subject to 16 terms and conditions as outlined in the Resolution as revised this evening and summarized by the Township Solicitor, and further subject to the Board of Supervisors' review and approval of the final language of the revised document. Mr. Kuhn seconded. Mr. Willig called for discussion and then the vote. All were in favor. Traffic Calming: Union Hill and Rees Roads Mr. Kohli referred to his letter providing Traffic Calming Recommendations for Union Hill and Rees Roads dated November 1, 2002, which are in compliance with PennDOT specifications. The recommendations call for 3 speed humps and one speed table on Union Hill Road, and one relocated and two new speed tables on Rees Road. He said the down side to installing speed bumps are that it slows emergency vehicles, increases noise levels, and creates a need for extra maintenance costs and potential difficulties with snow plowing. Mr. Kuhn asked about the liability aspect. Mr. Oeste said some protection is afforded the Township due to the use of the PennDOT standards. In addition, there is a considerable burden to prove liability, and in such a case the Township is well covered by insurance. He said he's unaware of any claims in West Pikeland Township, which employs speed bumps for traffic calming. Mr. Kohli said the specifications for warning signage, line painting, and construction must be strictly followed. John Pittock, Wells Road, said the fact that speed bumps slow emergency vehicles is enough to disqualify this idea. If EMT personnel are working on someone having a heart attack, slowing for speed bumps and being jostled by them could make a difference in life or death. He is also concerned with the cost to taxpayers. He suggested rumble strips as an alternative, saying they have none of the downsides and work well for slowing down traffic. Mr. Kuhn said speed bumps have been very effective for Sidley Road in East Whiteland Township. He feels the situation on Union Hill Road calls for strong measures, stating that over 600 cars can be counted in a 1 1/2 hour period at rush hour. There have been numerous witnesses to school buses being passed when flashing their red lights. Dr. Stewart, Union Hill Road, said he spoke to an EMT driver who couldn't think of one instance where the few seconds caused by slowing for speed bumps would make a difference. He said the Supervisors would be doing the residents a great service by approving speed bumps. Mr. Kohli asked whether it would make sense to wait until the Route 29 improvements are finished to see what the impact will be on traffic. Mrs. Stewart said the main goal is to slow the traffic, and even if there is less traffic, speed is still the primary concern. Mr. Kohli said the signal improvements are scheduled for completion at the end of the month, and in order to avoid going through all the signals, traffic on Union Hill Road could actually increase. Mr. Willig said he doesn't think he can support speed bumps, seeing then as punitive to the residents of the roads. Mr. Kuhn moved to approve the construction of speed bumps on Union Hill Road when paving work resumes in the Spring, and to review their efficacy before deciding on bumps for Rees Road. Mr. Hogan seconded. Mr. Willig called for discussion. Mrs. Ewald suggested working with PennDOT with another attempt to gain approval for a "no left turn sign" on Route 29 to prohibit turning onto Union Hill Road from the north. Then the road could be posted "closed" during rush hours. Mr. Kuhn said posting a "one way" on Union Hill Road would be too dangerous due to the curve in the road. At Mrs. Ewald's request, Mr. Kohli will speak with the District Engineer on this issue. Mr. Kuhn amended his motion to include that if the Township is successful in getting approval by Spring for the "no left turn sign" so it can then close the road during rush hour, the approval for speed bump construction will be rescinded. Mr. Rodgers seconded the amended motion. Mr. Willig called the vote. Mr. Willig and Mrs. Ewald were opposed. Mr. Kuhn, Mr. Rodgers and Mr. Hogan were in favor. The motion carried. New Business Baldwin Minor Subdivision Plan Mr. Kohli provided a summary of Mrs. Baldwin's Minor Subdivision Plan for a 2 lot subdivision of her property on Bodine Road into a 2.26 acre lot to include the existing home, and a new 14.5 acre lot. There is a 50 foot driveway easement located parallel to Beatty Lane for a future driveway. The plan indicates no construction will take place and requests a non-building waiver. Mrs. Ewald asked if the lots would be deed restricted, and Mrs. Baldwin said no, she preferred to leave them unrestricted for her children. Mr. Rodgers moved to approve the Baldwin Minor Subdivision Plan last revised 10/21/02 and Mr. Hogan seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor. Shackleton Zoning Hearing Board Application Jim Shackleton gave a brief presentation of his application to the Zoning Hearing Board to request a variance to permit the construction of an accessory structure in the sideyard setback. He explained that a sports court has already been constructed and was found to encroach on the sideyard setback. A small triangular piece of the underground retainage pit is located on their neighbor's property. Mr. Shackleton said he accepts responsibility for the error, since he didn't obtain a survey of the property when he submitted his building permit for the structure. The error came to light when the neighbor had the property surveyed for his house construction permit. Mr. Shackleton said he seeks a variance for the portion of the court in the side yard setback and intends to remove the piece of the retainage bed on the neighboring property. Mr. Kohli suggested working out an easement with the neighbor, but Mr. Shackleton said he'd rather resolve the issue entirely. There was some discussion on whether the removed portion would need to be installed elsewhere or whether it would be insignificant enough to omit. Mr. Kohli said this can be worked out later at or after the Zoning Hearing. The Board indicated they did not intend to oppose this application with the Zoning Hearing Board, for which the hearing has yet to be scheduled. Brightside Farm Lease Expiring 11/30/02 Jacob Merriwether read the recommendation of the Brightside Farm Committee in its entirety, which recommends that the Board renew the lease with Ben and Jenny Bingham for a one year period at the current rent of $200.00 per month. The low rent amount is due to the large amount of work the Binghams continue to put into the farm in the way of maintenance, clean-up and improvements. Mr. Hogan moved to renew the lease for a one year period at the same monthly rent amount of $200.00. Mrs. Ewald seconded, and Mr. Willig called for discussion. Mr. Kuhn said he's comfortable with the rent remaining the same but said he would object to covering the cost of installing storm windows to lower heating costs, which has come up in the past. He said he would expect the Binghams to put some funds toward this type of improvement, as he feels the Township shouldn't cover the full cost considering there have been no decisions on the future use of the property. Mr. Merriwether said this issue has been resolved with an interim plan to install Plexiglas sheeting on the first floor windows. He reported that Mr. Bingham has already installed some and is pleased with their effectiveness. Mr. Merriwether said the Township is extremely fortunate to have the Binghams as caretakers of the Brightside Farm, and noted that they kept themselves available on Chester County Day in case any visitors to the Rapp House wished to tour the farm and farmhouse. Mr. Pittock agreed that the Township is exceedingly fortunate to have them. Mr. Willig called the vote, and all were in favor. Escrow Release #5 - Sal Lapio Homes Inc. Mrs. Ewald moved to approve Escrow Release #5 for the Sal Lapio Homes Inc. in the amount of $86,672.70 and Mr. Hogan seconded. Mr. Willig called the vote and all were in favor. Discussion: Parking on Public Streets Mr. Willig tabled this matter until the meeting on December 2, 2002. Other Business Roadmaster Mr. Willig said he received a phone call from Dorando Faggioli, Roadmaster, on Saturday November 16, 2002 resigning from his position. Mr. Kuhn moved to accept Mr. Faggioli's resignation with salary to be paid to the last date of employment, and Mr. Hogan seconded. Mrs. Ewald proposed an amendment to the motion to state "with regret". Mr. Kuhn accepted the amendment. Mr. Willig called for discussion. Mrs. Baldwin asked what the Board will do until another Roadmaster can be appointed. Mrs. Ewald said the Board will be able to cover for the position. Mr. Shackleton asked why the Roadmaster resigned, and Mr. Kuhn said it was for personal reasons. Mr. Willig called the vote, and all were in favor. Roadside Maintenance - PennDOT Mr. Kohli said Mr. Munly from PennDOT has spoken with Ms. Bumeder and they have worked out a solution to the bamboo that is obscuring portions of Charlestown Road. He said PennDOT will not agree to refrain from the use of herbicides. Mrs. Ewald suggested he monitor the maintenance work closely. Adjournment The meeting was adjourned at 11:12 P.M. The next meeting will be held on December 2, 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.