December 3, 1990

The Charlestown Board of Supervisors held their regular monthly meeting on Monday, December 3, 1990, in the Charlestown Elementary School.

Present: Irene W. Ewald, Chairman; John C. Martin, Jr., Vice Chairman; Vincent G. Kling, Sr., member; Surender Kohli; James E. McErlane, Esq.; John D. Snyder, Esq.; Ruth W. Buckwalter; and those on the attached list of attendees

Mrs. Ewald called the meeting to order at 8:12 P.M.

Mr. Martin stated the minutes of November 5, 1990 should be corrected as follows: Page 3, under Impact Fees, line 2 – delete “expressing the disappointment” and insert “to express disapproval”; line 4 – should read “...advised the Senator and Representative...”. Mr. Martin then moved to approve the minutes with these corrections, Mr. Kling seconded the motion, it so carried.

Mr. Martin moved to approve the November 1990 Treasurer’s Report, Mr. Kling seconded the motion, it so carried.

Mr. Martin called attention to check #6311, made out to Thomas Comitta Associates, in the December 3, 1990 Accounts Payable. As recorded in the November 1990 minutes, all Planning Consultant’s bills should be reviewed by the Planning Commission before payment. With this exception, Mr. Kling moved to approve the December 3,1990 Accounts Payable, Mr. Martin seconded the motion, it so carried.

Charlestown Hunt: Mr. Snyder gave a brief review of the subdivision. In 1987, the Board of Supervisors gave approval to tentative plans contingent on a number of conditions. In April, 1990, an Interim Order was issued by the Board at the request of the Applicant’s engineers. The Applicant filed a new PRO Final Plan in late October, 1990, and insisted upon adhering to the time-clock of 45 days, which runs’ out December 12, 1990. Mr. Snyder said the issues of the April, 1990 Interim Order have not been addressed. Marc Kaplan, Esq., co-counsel for the Developer, Realen Homes, insisted that the plan submitted in October does comply with all the provisions in the Township’s Ordinance. Mr. Kaplan threatened litigation if the Supervisors do not render a decision of approval to this plan within the 45 day period. The Board will further discuss the plan and render a decision at a public meeting scheduled for Monday, December 10.

Mrs. Ewald reported on two Executive Sessions:

  1. Nov. 12 - held in Mr. McErlane’s office to discuss impending amendments.Result - Resolution drawn to formally return amendments to the PlanningCommission. Mrs. Ewald called for a motion to reaffirm the Resolution.

    Mr. Kling so moved, Mr. Martin seconded, the motion so carried.

  2. Nov. 26 - held in Mr. McErlane’s office to discuss an alternative to settleout of court on Charlestown Brae Subdivision. The feeling is the plan does notmeet the landscaping requirements nor the management of 90 acres ofwetlands. Two alternatives were offered to the Applicant. To date, therehas been no response.

Zoning Officer’s Report: Mr. Kohli submitted a Building Permit report for the files. He reported:

At this time, Edwin Harrington of 9 Wyndham Road (off Newcomen Road) addressed the Supervisors and Mr. Kohli with complaints of eroding roads, blocked drains, vacant lots mowed only once this year, and root balls, cans, old tires, and other debris dumped on a vacant lot in his area. He contends Mr. Learn is not following through with his agreement.

Planning Commission Report: Mrs. Ewald reported that the Planning Commission has been reviewing the proposed Ordinance amendments during their last two meetings.

Roadmaster’s Report Mr. Pyle submitted his written monthly report for the files. Mr. Pyle suggested installing iron posts with reflectors along a portion of Green Lane because of a 3’ drop-off along the side of the road. Mrs. Ewald authorized him to proceed with this precautionary measure. She also requested the items beside the cinder pile on Township property be removed. The large potholes on Pickering Dam Road have been reported to PENNDOT. Mr. Kohli submitted the price of $2790 to install a stormwater drainage pipe on the recreational grounds of the Township at the Valley Forge Christian College.

Tax Survey: The secretary reported 430 Occupational Privilege Tax forms had been returned to the office as of this date.

S.P.C.A. Contract - tabled until the December 18 meeting.

1991 Budget: Mr. Martin reviewed the Budget noting that the surplus carryover from 1990 is budgeted into expenditure for 1991. There has been a notable decrease in the Real Estate Transfer Tax income due to the drop in the Real Estate market. Mr. Kling made a motion to approve the 1991 Budget as presented, Mr. Martin seconded the motion, it carried unanimously.

Hunting: A number of complaints have been made to the Supervisors regarding hunters. Mrs. Ewald stated that some landowners want their property hunted to cut down on the deer population. However, hunting is not allowed on Township owned open space. The Game Warden has been notified of this violation and has been instructed to make arrests. Posting your property with “No Trespassing” signs should be, but often is not, sufficient. Residents may call Mark Wahn or Tom Clifford at 1-800-228-0791 or contact Townwatch 644-7270. There are ways to resolve no hunting on your property.

The Supervisors scheduled January 7, 1991 for their Reorganization Meeting.

A number of residents have inquired about having an Environmental Committee. Mrs. Ewald has referred the suggestion to the Planning Commission for their thoughts and expects a response by the December 18 Supervisors’ meeting. This would encompass the issue of recycling.

Panilquinn: This proposed S/D is situated off Coldstream Road between Marian and Maryhill Roads. The Applicant requested a variance in an application to the ZHB. When the Applicant failed to appear on the scheduled date, the application was denied. No letter of time extension has been received at the Township office to date. Mr. Kling made a motion to turn down this application because of deficiencies (see 9-5-90 report from Paull Nation, Jr. and Thomas Comitta). Mr. Martin seconded the motion, it so carried.

At this time, Charles Isaacs took the floor to address the statements made to the Supervisors by Mark Kaplan, Esq., at the beginning of this meeting. He stated that Mr. Kaplan, in attempting to intimidate the Board with threats of litigation, was insulting to both the Board and Township. He went on to say “if Charlestown Hunt had come in 5 years ago with engineers instead of lawyers, they would be selling houses now”. Others in attendance voiced their support of the Supervisors in this matter. Mr. Kling thanked them for their support and stated it was very reassuring to the Board.

Mrs. Ewald read aloud the list of correspondence received by the Board during the month of November. A letter from the VFSA, informing Representatives on that Board to vote by mail on the 1991 Budget was discussed. Mrs. Ewald agreed with the Schuylkill Township Supervisors in their objection to this kind of voting.

A discussion on preparing a Municipal Curative Amendment ensued. Mr. Martin suggested reducing the lot size requirements in the Zoning Ordinance to 2 acres, but retaining 100% restraints. Mrs. Ewald noted the smaller lot size would satisfy court laws. Mr. Kling opposed the reduction of lot size. By initiation of a Curative Amendment, a 6 month moratorium would automatically be put into effect preventing developers from filing a Landowner Curative Amendment. After further discussion, Mr. Martin made the motion that the Supervisors will exercise their rights to enact Section 609.2 of the PA Municipalities Planning Code. Mrs. Ewald seconded the motion, Mr. Kling abstained, the motion so carried. Mr. McErlane will, within 30 days, prepare the necessary Resolution.

When the Supervisors completed the business on the agenda, Mrs. Ewald stated it was not appropriate to adjourn the meeting, but rather to continue it to December 10. Earlier in the evening the Supervisors decided not to make a decision on the application to approve final plans for the Charlestown Hunt Development, but rather to do that on Monday evening, December 10. Mrs. Ewald announced that the meeting would be continued to 8 p.m. at the Nature Center. The Charlestown School is not available, so it is necessary to continue the meeting at the Nature Center.

Respectfully submitted,