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November 7, 2005    November 21, 2005   CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING November 7, 2005 The first business meeting for November was held November 7, 2005, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Charlie Philips, Hugh Willig (present for the hearing only), Mark P. Thompson, Esq., James E. McErlane, Esq., Surender Kohli, P.E., Linda M. Csete, Township Administrator, and those on the attached list were present. The meeting was called to order at 7:30 P.M. Announcements - None Citizen's Forum/Non-Agenda Items No matters were brought forward at this time. Hearing Ordinance to Amend the Official Map Mr. Kuhn opened the hearing for the ordinance to amend the Official Map of Charlestown Township and the proceedings were recorded by Tom Corcoran, court reporter. The following residents commented on the proposal: John Hausladen William Kronenberg Lisa Scottoline Deborah Hausladen Lee Haller Kathy Barry Guntram Weissenberger Robert Joos Susan Naylor Michael Desfor Russ Naylor Michael Allen Jim Bruder Angela Montgomery William Stewart Andy Motel Gail Stewart Bob Davis The hearing was then continued to Monday, January 23, 2006 at 7:30 P.M. at the Great Valley Middle School, Room 154. Mr. Willig excused himself from the meeting at this time to leave for a business trip. Approvals Minutes of October 17, 2005 Mr. Rodgers moved to approve the October 17, 2005 minutes and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none called the vote. All were in favor. Treasurer's Report - October 1 - 31, 2005 Mr. Rodgers moved to approve the October 1 - 31, 2005 Treasurer's report, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Accounts Payable Reports - November 7, 2005 - Operating, Open Space and State Funds Mr. Rodgers moved to approve the November 7, 2005 Operating, Open Space and State Fund Accounts Payable reports, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Reports Rosemary Philips presented a summary of the HARB's review and recommendation for the Stonorovs' demolition permit for two modular steel houses, numbers 9 and 10 on the Charlestown Historic Resources Map. David Gifford, Esq. was present on behalf of the Stonorov family. Mr. Gifford proposed an agreement dated 10/28/05 that allows a specified time period for the HARB to dismantle and salvage the houses, and if that is not accomplished, the demolition can proceed. Mr. Philips moved to approve the Certificate of Appropriateness for the Stonorov houses, which incorporates the 10/28/05 agreement, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Mr. Rodgers moved to accept the monthly reports as submitted, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Old Business Tree Contribution Proposal - Charlestown Oaks Mr. Kohli referenced a letter from U.S. Homes offering a contribution to the Township in lieu of relocating 129 trees from the sewer easement area on Charlestown Oaks to places elsewhere on the site. The Secretary confirmed that the Township was agreeable to the contribution amount of $150.00 per tree and that the funds would be turned over to the Charlestown Oaks Homeowners Association after receipt by the Township to be used to supplement the landscaping at both entrances to Charlestown Oaks and to complete two other landscaping improvement projects. Mr. Kohli will contact U.S. Homes regarding the contribution. New Business Overview - Charles & Roslyn Epstein Zoning Hearing Board Application Charles Epstein was present to provide an overview of his zoning hearing board application, which seeks an exception in order to permit a subdivision to separate two existing dwellings with one of the lots having a non-conforming side yard of five feet for an existing accessory garage. This side lot line is proposed in order to place the shared driveway entirely on the larger of the two lots with an easement allowing its use by the smaller lot. Mr. McErlane advised that the variance request is deminimus, and the supervisors requested that the Secretary advise the Zoning Hearing Board that they are in favor of granting the request. Pam & Mike Walsh - request for waiver to allow accessory structure (pool house) in a side yard abutting the street Pam Walsh was present to seek a waiver to allow a pool house to be constructed in their side yard, which abuts Foster Road since it is a corner lot with frontage on Bodine Road. Mrs. Walsh provided photos and displayed a site plan showing that the structure would be well screened from the road. Mr. Philips moved to approve the waiver subject to the property owner maintaining the buffer from Foster Road. Mr. Kuhn seconded, and all were in favor. Great Valley Pet Hotel - Land Development Plan Gregory J. Davis, Esq., Brett MacKay, P.E. of Chester Valley Engineers, and the applicants, Bradley and Deirdre Francis, were present to discuss the preliminary/final land development plan for the Great Valley Pet Hotel. Mr. Francis displayed color renderings of the proposed project. Mr. Davis said two waivers are requested. One is for planting of the street trees outside of the right of way in order to avoid power lines, and the second is to permit the slope of the detention basin to be greater than 4:1. Mr. Philips moved to approve the Preliminary/Final Land Development Plan for the Great Valley Pet Hotel subject to Mr. Kohli's review letters of 10/6/05 and 11/3/05. Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Request from Site I.D. Inc. for lease of Township property for cellular tower The Secretary referenced a letter received by the township 10/18/05 from Site ID, Inc. which expresses interest in leasing a portion of Township owned property containing about 2,500 square feet along the Pickering Creek for a wireless telecommunications facility. The letter describes the typical facility as consisting of a 12-antenna tower, an estimated 150 feet high, and 240 square foot equipment shelter at the base. The Board directed the Secretary to respond that the township has no interest in leasing its property for this use as it is not permitted in that zoning district. Spring Lane Farms - Revised Stipulation and draft Conservation Easement Agreement This matter was tabled until the Secretary receives a request from the Applicant to be scheduled on a future agenda. Burgoon Appraisal Mr. Rodgers moved to authorize an appraisal of the Burgoon property with the understanding that the cost will be reimbursed 100% by the Burgoon family following its completion. Phoenixville Area Soccer Club and Phoenixville Area Youth Club contracts The Solicitor advised that he would accept the liability insurance coverage limits that were specified in the previous contracts that recently expired. The Secretary will prepare the contracts and see to their execution. Extension of Scenic Byway to include PA Turnpike in Charlestown - (ref. House Bill 1801) Mr. Rodgers moved to authorize the Solicitor to contact Rep. Bob Flick to request an amendment to House Bill 1801, which designates portions of Route 202 and the PA Turnpike as a scenic byway to include that portion of the Turnpike that traverses Charlestown. Mr. Philips seconded. Mr. Kuhn called the vote and all were in favor. Brightside Farm - Trail Mr. Philips opened a discussion on the Brightside Farm Strategic Planning Committee's recommendation that a trail be installed on the property in 2006, for which funding must be provided in the 2006 budget. Mr. Philips moved to include $100,000 in the 2006 budget for planning and development of a trail at the Brightside Farm and Mr. Rodgers seconded. Mr. Kuhn called the vote and all were in favor. An executive session with the Brightside Farm Committee was scheduled for December 5, 2005 at 6:30 P.M. at the Great Valley Middle School per the committee chair's request. Authorize advertisement for adoption of 2006 Budget Mr. Rodgers moved to authorize advertisement for adoption of the 2006 proposed budget at the December 5, 2005, meeting, 7:30 P.M. at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, Pa 19355, Room 154. Mr. Philips seconded. Mr. Kuhn called the vote, and all were in favor. Authorize Advertisement of Intent to Appoint a Certified Public Accountant to Audit the accounts for 2005 Mr. Rodgers moved to approve the advertising of the intent to appoint a Certified Public Accountant to audit the accounts for the year 2005, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Schedule Conditional Use Hearing for James H. Nadwodny & Kimberly Lynn Janowski The conditional use hearing for James H. Nadwodny & Kimberly Lynn Janowski, for construction of an addition in steep slopes, was scheduled for December 19, 2005, 7:30 P.M. at the Great Valley Middle School, Room 154. Conditional Use Decision for the Apostolic Christian Church Mr. Thompson provided a summary of the conditions outlined in the draft conditional use decision for the Apostolic Christian Church. Mr. Rodgers moved to approve the Decision as drafted, and Mr. Hogan seconded. Mr. Kuhn called for discussion. There being none, he called the vote, and all were in favor. Other Business Schedule Executive Session with Planning Commission An executive session was scheduled for the Board of Supervisors and Planning Commission for November 21, 2005 at 6:30 P.M. at the Great Valley Middle School. Adjournment The meeting was adjourned at 10:35 P.M. The next meeting is scheduled for November 21, 2005, 7:30 P.M. in Room 154 of the Great Valley Middle School. Respectfully Submitted, Linda M. Csete Township Secretary     CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING November 21, 2005 The second business meeting for November was held November 21, 2005, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Charlie Philips, Hugh Willig, Gary Bender, Esq., Mark Thompson, Esq., Surender Kohli, P.E., Tom Comitta (arrived 9:15 PM), 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. Kuhn announced that executive sessions were held before and after the November 7, 2005 meeting and at 6:30 P.M. prior to this evening's meeting to discuss legal, personnel and employee matters. Citizen's Forum/Non-Agenda Items No matters were brought forward at this time. Approvals Minutes of November 7, 2005 Mr. Rodgers moved to approve the November 7, 2005 minutes, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none called the vote. All were in favor. Old Business - None New Business Overview of Zoning Hearing Board Application from Subdivision Services Inc. Elizabeth Witmer, Esq. was present to provide an overview of the zoning hearing board application for Subdivision Services, which is an appeal from denial of three building permits for billboards on their property at the northeast corner of Phoenixville Pike and Yellow Springs Road. The permits were denied as untimely and for failure to comply with condition #2 of the conditional use approval. The applicant asserts the permits were timely and did comply with all conditions. Mr. Rodgers moved to appoint the township solicitor to represent them to oppose the appeal and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none called the vote. All were in favor. Overview of Zoning Hearing Board Application from Bala Investments Inc. Elizabeth Witmer, Esq. was present to provide an overview of the zoning hearing board application for Bala Investments Inc. which seeks a variance from ordinance sections 1504.B and 403.F.1. to allow for an open space configuration in which 40% of the open space must have a minimum width of 150 feet. Their space is just short of the requirement by .03 acres, yet is in the configuration preferred and recommended by the Planning Commission, as it correlates to the road alignment they prefer. Mr. Rodgers moved to take a position of support for the application, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. Four were in favor, and Mr. Willig was opposed, stating that he preferred to take a neutral position. There was some discussion on whether the stormwater management basin would be above ground or underground. Ms. Witmer said the plans show it as a pond with recharge underneath. Mr. Allen said the Planning Commission's understanding was that the basin was to be underground, and the supervisors stated their desire to see it designed as such. Ms. Witmer will communicate their concerns to the applicant. Review Revised Draft of Official Map Ordinance Mr. Kuhn announced that this matter will be tabled. He said the placement of this discussion on the agenda was not intended to be a continuation of the hearing but rather to examine feedback received at the November 7, 2005 hearing so it could be taken into consideration as the Board revises the draft ordinance. The Board promised at the November 7th hearing that the revised draft would be mailed to all property owners listed in the proposed ordinance at least 30 days prior to the January 23, 2006 hearing. New comments and suggestions were requested from those present; however, none were offered. Mr. Kuhn said instead of discussions this evening, the township solicitor will be charged with making the revisions. Resolution #653-2005 Charlestown Woods Subdivision Sewage Facilities Planning Module Mr. Rodgers moved to approve Resolution #653-2005 approving a revision to the Charlestown Township Sewage Facilities Plan to include the Charlestown Woods subdivision, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Approval of check #3892 to Bridget Comaskey for cleaning Brightside Farmhouse Mr. Philips moved to approve check #3892 to Bridget Comaskey for a clean out of the Brightside Farmhouse this past weekend to prepare for new tenants, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Michael Allen - Final Escrow Release Mr. Philips moved to approve the final escrow release for Michael Allen's subdivision in the amount of $9,225.00, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Hearings Allan A. Myers Curative Amendment Application The proceedings were recorded by Jane Opie, Court Reporter. No testimony was given as the applicant had previously requested a continuance. The hearing was continued to December 19, 2005, subject to a request to be made of the applicant for an open-ended continuance. Robal Associates Mr. Thompson opened the hearing for Robal Associates, and the proceedings were recorded by Jane Opie, Court Reporter. James Tupitza, Esq. represented the applicant. Mr. Bender presented Mr. Kohli as a witness for testimony and cross examination. The hearing was continued to February 27, 2006 at 7:30 P.M. in Room 154 of the Great Valley Middle School. Zoning Ordinance Amendment - Lighting Mr. Thompson opened the hearing and marked the following Exhibits for the record: Exhibit T-1 - Proof of Publication Exhibit T-2 - Referral to the Chester County Law Library Exhibit T-3 - Public Notice Exhibit T-4 - Draft of the Amendment to the Zoning Ordinance Exhibit T-5 -Chester County Planning Commission Review Letter dated 11/17/05 The application is for an amendment to the Zoning Ordinance that would add lighting regulations to Article XVI, General Provisions. Mr. Thompson asked for comments from those in attendance, and a question on whether the ordinance can be enforced retroactively was posed by Regina Notar. Mr. Kohli responded that while the newly adopted ordinance refers primarily to new construction and commercial buildings, there is existing language in the Zoning Ordinance under Section 1616.G that requires glare control and can be enforced to address concerns over existing lighting that disturbs neighboring properties. There being no further questions or comments, Mr. Thompson closed the hearing. Mr. Rodgers moved to approve the motion with a correction of two typographical errors that reference Section 1618.D that should reference Section 1619.D. and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Zoning Ordinance Amendment - Guest House Definition Mr. Thompson opened the hearing and marked the following Exhibits for the record: Exhibit T-1 - Proof of Publication Exhibit T-2 - Referral to the Chester County Law Library Exhibit T-3 - Public Notice Exhibit T-4 - Draft of the Amendment to the Zoning Ordinance Exhibit T-5 -Chester County Planning Commission Review Letter dated 11/17/05 The application is for an amendment to the Zoning Ordinance that would add three new definitions for "Cabana", "Guest House" and Quarters for Guests and Servants". It would add Cabanas and delete "bath houses" and "quarters for guests and for servants" and create a new subsection which regulates quarters for guests and servants by conditional use. There were no comments or questions from those in attendance, and Mr. Thompson closed the hearing. Mr. Rodgers moved to approve the motion with the addition of the word "property" before "line" in Section 2 of the proposed ordinance referencing Section 1607.A.3. Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Adjournment Mr. Kuhn announced that the Board would go into executive session following the meeting. He adjourned the meeting at 10:30 P.M. The next meeting is scheduled for December 5, 2005, 7:30 P.M. in Room 154 of the Great Valley Middle School. Respectfully Submitted, Linda M. Csete Township Secretary

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