FEBRUARY 3, 1992

The Charlestown Board of Supervisors held their regular monthly meeting on Monday, February 3, 1992 at the Charlestown Elementary School, Charlestown Road, Devault.

Present: Irene W. Ewald, Chairman; John C. Martin, Jr., Vice Chairman; Vincent G. Kling, Sr., Member; Thomas Oeste, Esq.; Ruth W. Buckwalter, Secretary; and those on the attached list of attendees.

The Chairman called the meeting to order at 8:05 pm.

Mrs. Ewald enumerated the meetings on Township business in which she participated during January, which included several discussions with Mr. Budenz, John Samar, Schuylkill Township Supervisors, East Pikeland Supervisors, Dr. Wesley Smith of the VFCC, conferences re. Charlestown Oaks and an appearance in Court re. the independent auditor. Mr. Kling reported on several meetings he had with residents re. the proposed dog kennels and veterinarian practice on a property which lies primarily in East Pikeland. Mr. Martin reported on discussions re. Charlestown Hunt, the Chester County Open Space Grant and an appearance in Court re. the independent auditor.

The minutes of January 3, 1992 were approved by a motion made by Mr. Kling and seconded by Mr. Martin. The motion carried unanimously.

The Treasurer’s Report was approved by a motion made by Mr. Martin and seconded by Mr. Kling. The motion carried unanimously.

The February 3, 1992 Accounts Payable were amended to include Check #6752 by Mrs. Ewald, who then moved for approval. Mr. Kling seconded the motion, it carried.

The Zoning Officer was unable to attend this meeting, but submitted the Building Permits and Use & Occupancy Permits Reports for the files.

Mr. Churchill reported that, at their January meeting, the Planning Commission reviewed the Panilquin Charlestown Meadows, the proposed amendments to the Subdivision Ordinance and recycling. Mr. Martin reminded Mr. Churchill that a member of the Planning Commission needs to be appointed to serve on the Task Force for the Open Space Grant. He stated one member is required, but up to three was suggested.

The Roadmaster reported a relatively quiet month for January. He requested approval to attend a 1 day seminar at a cost of $30. Mr. KIing moved to approve this Expenditure. Mr. Martin seconded the motion, it carried unanimously. The Secretary wrote check #6753, in the amount of $30, for this expenditure.

Mark Connolly submitted a written report from the Parks and Recreation Board and a copy of PASC Articles of Incorporation. The report contained items on park signage, grounds maintenance, parking, PYMC building status and the annual Charlestown Family Picnic. Also included was a tentative plan to build two new fields using the Army Corp of Engineers for free earth moving services. Mrs. Ewald said engineering plans would need to be submitted to the Supervisors for their review before approval can be granted. Mr. Martin made the motion that the Charlestown Board of Supervisors support the PASC’s effort to solicit aid from the Army Corps of Engineers to expand the soccer fields. Mrs. Ewald seconded the motion, it unanimously carried. Mr. Martin requested at least one member of the Parks and Recreation Board be appointed to serve on the Open Space Task Force.

Mr. Martin updated the Open Space report. To meet the conditions for the grant, Mr. Martin needs to submit the names of appointed Task Force members to be appointed from the Planning Commission, the Parks and Open Space Board and also a staff planner. In addition, a time table and line item budget are requested by the Chester County Planning Commission.

Mr. Martin reported that the revised final plan for Charlestown Hunt has been submitted and is being reviewed by Mr. Kohli. He announced that a public meeting has been scheduled for Wednesday, February 19; at the Charlestown Elementary School. Plans are available at the Township office for public inspection and will also be available at the public meeting.

Mrs. Ewald stated that the Supervisors had requested the Project Manager for Charlestown Oaks to do a stormwater drainage study on off-site impact of this project re. Aston Woods, a residential development abutting Charlestown Oaks but located in East Whiteland Township. The final plans are expected to be submitted in approximately a week. These will be reviewed by Mr. Kohli and Mr. Comitta. Plans will be available at the public at the Charlestown Township office.

Mr. Oeste gave an update on Charlestown Brae stating that the Township’s attorney, Mr. Snyder, sent a letter to Rouse/Chamberlin in November, 1991, setting forth the final position of the Supervisors on the Brae’s proposal. The Supervisors are waiting for Rouse/Chamberlin to sign that correspondence. The Chairman reported that in further correspondence with Rouse/Chamberlin, new issues were raised. Mr. Colagreco, representing the applicant, asked the Board if the plan was going to be approved this night or not. Mrs. Ewald questioned whether Plan A or Plan B was the B was the better plan although it is a schematic plan and the Board will need an engineered plan. A discussion ensued.

Mr. Kling noted that each of the 59 lots need a perc test before a 59 lot plan could be approved for development. He also challenged the statement to the press that Rouse/Chamberlin spent 3/4 million dollars on soft costs. No action was taken, further negotiation will be pursued.

Mr. Oeste summarized the status of Heatherwood, relating that in July 1990, the Board granted a Subdivision/Land Development approval with conditions and also granted a Conditional Use approval, subject to certain conditions, which permitted a common driveway to the two upper lots. That condition specifically provided that no building permits would be issued for the two upper lots until the four lower lots had been developed and the storm water management facilities constructed and operating satisfactorily in handling storm water run-off from the site. The Applicant has never presented to the Board the proper operation of the storm water management system. From the information the Board has gathered, that storm water management system is not operating. Because of this, and other reasons, Mr. Oeste advised the Board to deny Mr. Samar’s request for relief from the condition of paragraph 2(a). Mr. Samar submitted documents and photos relating to his project and stated that all improvements are in place and have been inspected by the Township Engineer. He contends that the storm water management system is working and the conditions for relief have been met. After further discussion, Mr. Oeste worded the following motion: “Motion to deny the request of John Samar, by letter dated October 17, 1991, to modify paragraph 2(a) of the Order of the Board of Supervisors dated July 2, 1990 conditionally granting final subdivision and land development approval and conditional use approval for a residential subdivision known as Heatherwood. The request is denied since the Applicant has failed to comply with the condition of the satisfactory operation of all required storm water management facilities and failed to comply with the terms of a certain Stipulation and Agreement dated November 5, 1990. The Township Solicitor is authorized to send a written letter decision to the Applicant communicating the action of the Board.” Mr. Kling moved the above motion be approved, Mrs. Ewald seconded the motion. It unanimously carried. The Township Engineer, Supervisors and Mr. Samar will meet together later this month in an effort to come to an understanding of the problems re. Heatherwood.

The VFSA Regional Act 537 Plan was discussed. Mr. Ewald read from the December 4, 1991 minutes of the Schuylkill Township Board of Supervisors’ meeting in which their Attorney cautioned against the adoption of the Resolution which would authorize the VFSA to act as lead agency in the preparation of a regional Act 537 Plan. After a discussion, Mr. Kling suggested Mr. Winckelman look into the matter more thoroughly and make recommendations at the March Supervisors’ meeting.

Mr. Churchill stated that the Planning Commission had approved the engineered drawing for the Panilquin Subdivision at their last meeting, but noted the paper work is not in order. After a discussion, Mr. Oeste recommended a new application should be filed for this Subdivision under a new number, along with 10 copies of the plan and three copies of home owner’s documents, covenants, modules and all other related documents. The Supervisors determined that the normal fee shall be waived and instead the amount will be set at whatever is owed to the Township plus enough escrow to cover the Engineer’s review. The Secretary was instructed to write a letter to Mr. Panizza informing him of this decision.

The Township has received notice from their Solicitor that there is a Court ruling which says in a Conditions Use application, the Township cannot be represented by their Solicitor and should be represented by special counsel unless the applicant expressly waives the necessity of special counsel. Mr. Martin noted that a Conditional Use could be changed to a Special Exception as one way to avoid this. The Board will give further thought to this matter.

J & L Electric notified the Township that they are going out of business and will no longer service our account (the signal light at Charlestown Road, Phoenixville Pike and Rt. #29). Signal Electric will cover an emergency until a new contract is signed.

Mrs. Ewald reported on a meeting with Dr. Smith at which time he made known that the Valley Forge Christian College is considering moving. Dr. Smith said that seventy buildings on the site needed asbestos removed. Mrs. Ewald felt the Supervisors should come up with a proposal for land use and submit it to the Planning Commission. Mr. Martin proposed changing the site from Institution zoning to PRD zoning, which would be consistent with the surrounding area. Mr. Kling proposed an ideal village for the site. The Chairman will make a further report on this matter at the March meeting.

The Chairman read aloud Ordinance #452-92 which authorizes preparation to consider and enact an amendment to Section 1804 of the Zoning Ordinance which requires Use and Occupancy Permits when non-residential buildings and structures change occupancy, tenancy or ownership. Mr. Kling made the motion to approve the above Resolution, Mr. Martin seconded the motion, it unanimously carried.

Senator Baker sent the Board of Supervisors a copy of Senate Bill 975 and would like to be informed of the Board’s feelings. Senate Bill 975 deals with development situations where separate boroughs are formed in the midst of a township in order to avoid township ordinances. This Bill would tighten that loophole in the Municipalities Planning Code. Mr. Kling moved to support Bill 975 and communicate that support to Senator Baker. Mr. Martin seconded the motion, it unanimously carried

The next regular meeting of the Board of Supervisors will be held on Monday, March 2, 1992.

The Chairman made the monthly correspondence open to the public.

Mr. Mitchell requested the resignation of Mrs. Ewald and Mr. Kling from the Board of Supervisors. Mr. Kling declared Mr. Mitchell out of order and moved to adjourn the meeting. Mrs. Ewald seconded the motion, the meeting was adjourned - 11:06 pm.

Respectfully submitted,

Ruth W. Buckwalter