JUNE 6, 1994

The Charlestown Township Board of Supervisors held their regular monthly meeting on Monday, June 6, 1994, at the Charlestown Elementary School, Charlestown Road, Devault.

Present: John C. Martin, Jr., Chairman; John B. Sauser, Vice Chairman; Irene W. Ewald, Member; Surender S. Kohli, P.E.; Thomas F. Oeste, Esq.; Ruth W. Buckwalter, Secretary, and those on the attached list of attendees

The Chairman called the meeting to order at 8:06pm.

The minutes of May 2, 1994, were amended by the Chairman to include approval of the Charlestown Brae Planning Module, Resolution #482-94, which had been approved at the May 2 meeting by a motion from Mr. Martin which was seconded by Mr. Sauser and so carried. Mrs. Ewald had opposed approval of the Planning Module. Mr. Martin made the motion to approve the amended May 2, 1994 minutes. Mr. Sauser seconded the motion. Mrs. Ewald opposed the amendment on grounds that approval of the Brae Planning Module at this time was creating history. The motion carried 2 to 1.

Mr. Sauser moved to approve the May, 1994 Treasurer’s Report. The motion was seconded by Mr. Martin and carried unanimously.

The Chairman deferred action on the June 6, 1994 Accounts Payable until later in the meeting.

Zoning Officer’s Report: Mr. Kohli submitted his written report of permits issued during May, 1994. He reported: 1) granting a 30 day extension regarding the Zoning violations on a property at Foster Road (noted as parcel B on the approved Greeney Subdivision Plan). 2) a written notice of violations for work performed at a property located on Church Road without permits and approvals was sent to John Hrinkevich. The violations were denied by Mr. Hrinkevich. Mr. Sauser suggested Mr. Kohli walk the site with Mr. Hrinkevich to point out and explain these violations. At this time, Mrs. Ewald expressed concern over violations of late and listed four of which she was aware. 3)Envirotest Synterra Partners, lot 14 at the Commons of Great Valley, is an emissions testing facility and not a permitted use in that district so approval was denied. 4) The operation of a meat distribution center within the Valley Forge Christian College grounds (located in Schuylkill Township’s area) is illegal. 5) The road work on the Wyndham development will be completed this summer.

Mrs. Ewald asked Mr. Kohli if Horseshoe Road is in violation due to stumps being removed. She requested him in investigate the road and respond to Mr. DiPiano’s letter of complaint. Mrs. Ewald noted that the Riverdale Quarry is undergoing a change in ownership and asked Mr. Kohli to check on their use of Township property. The Supervisors, Mr. Kohli and Sarah Peck discussed the PennDOT plan regarding White Horse and Rees Roads. Mr. Martin moved to approve having Mr. Kohli write a letter to PennDOT requesting they proceed to review and issue Highway Occupancy Permits for the new entrance from White Horse Road and the relocated Rees Road intersection. Mr. Sauser seconded the motion. Mrs. Ewald opposed the motion. The motion carried 2 to 1.

Planning Commission Report: There was no Commission Report. The Chairman noted that the Supervisors and the Planning Commission members will walk the site of the Rees Road widening. Mr. Martin reported on the May 5th meeting of the Eastern Chester County Regional Planning Commission (ECCRPC). There is a proposal to reconfigure ECCRPC into two groups, i.e. densely populated municipalities and lightly populated municipalities. Mr. Martin and Mr. Sauser agreed that Charlestown should join both groups. Mr. Martin then read aloud a letter received from FEEMA.

Roadmaster’s Report: Mr. Hiller submitted his written report for the files. He noted that mowing is being done throughout the Township, intersections are being swept, drains cleaned, the culvert on Tyrone Road at Glenview Road has been rebuilt. Road paving was discussed. At this time, Mrs. Ewald asked the Supervisors to look at Buckwalter Road and consider paving the section from the Railroad tracks to Rt.29. The possibility of Schuylkill and Charlestown Townships resurfacing all of Tinkerhill Road was discussed. The matter was tabled to the June 20th meeting.

Fire Marshal’s Report: Mr. Alston submitted his written report for the files. During the month of May, there were four vehicle accidents responded to by the fire companies. He also read a draft copy of an Hazardous Material Recovery Ordinance pertaining to who is liable for costs incurred for cleanup or abatement activity. The Chairman referred the Ordinance to Mr. Oeste for his review. Looking forward to July 4, Mr. Alston reminded all present that fireworks are not permitted in the Township including sparklers. Mrs. Ewald noted that sparklers are sold in the stores and she suggested the Board review the Ordinance and perhaps change it so as not to include sparklers. Mr. Sauser reported two complaints received regarding the burning of large fires on a property at Pickering Dam Road just off Peakes Pike and requested the Fire Marshal check on this.

Accounts Payable: The Chairman stated that two of the checks are for Park improvements and called on Mark Connolly, Chairman of the Parks and Recreation Board, for an update. Mr. Connolly reported that the field is complete and the grass is growing. He endorsed paying the two bills and noted that the County requested two plaques be placed in the Park to acknowledge that the soccer field and the playground improvements were funded by County grants. Mrs. Ewald asked if this could not be deferred until a later date when all acknowledgements could be integrated at the entrance to the Park. Mr. Connolly will prepare the application for the next round of County grants for the purpose of reconstructing the former BMX site as a fourth soccer field. At this time, Mrs. Ewald reported she heard from the Chiccino family who are very pleased that the Township would like to plant a tree in the Park in memory or Margaret Chiccino, a former Township Secretary. They would like a large shade tree such as an oak or a beech. Mrs. Ewald suggested a site and would like to schedule this in the near future. Mr. Martin moved to approve the June 6, 1994 Accounts Payable. Mrs. Ewald seconded the motion. The motion carried unanimously.

The Chairman commended Linda Csete, Township Treasurer, for getting out the most economical News Letter the Township ever had - the entire packet costing just 16½ cents per household.

Citizens Forum: Robert Devlin spoke of a problem on his property located south of the Turnpike. He stated that the pull-off area by his property has been reopened and is now being used to stockpile stone and people are again using this spot as a bathroom facility. Also, water runoff that was formerly channeled into a valley and then into pipes and under the Turnpike now deluges his property. His back lawn is ruined and the water has formed two grooves, one over 2 feet deep. Much of this water is flooding Phoenixville Pike. Mrs. Ewald noted that a letter had been received from Bell Atlantic calling attention to this condition. Mr. Kohli said he wrote to PennDOT and they have taken care of the water problem on Phoenixville Pike. Mrs. Ewald asked Mr. Kohli to take a look at the Devlin and Fiore properties and make a recommendation to the Board. Mr. Alston reminded the Supervisors that one member of the Board should attend the Fire Company meetings held the second Tuesday of each month at the Fire House.

The Chairman read aloud Resolution #483-94, appointing Berkheimer Associates to collect delinquent Occupation and Privilege taxes for the period from January 1, 1994, and ending December 31, 1997. Mr. Martin moved to approve Resolution #483-94. The motion was seconded by Mrs. Ewald and unanimously carried.

The next item was the Spring Oak approval letter. The letter, dated April 27, 1994, was revised to delete the last 2½ lines of item #3 (beginning with “or --------commenced”). Mrs. Ewald stated she could not support the revision, it should stand as written. Mr. Martin moved to approve the revised Preliminary Subdivision approval letter for Spring Oak Business Center by deleting the above noted 2½ lines of item #3. Mr. Sauser seconded the motion. Mrs. Ewald opposed stating that the Board of Supervisors must act in the best interest of the Township and the Township residents, not of one particular developer. In a case like this, for the Supervisors to give up their ability to make a determination when monies have been spent and not reimbursed, is not in the best interest of the Township. The motion carried by a 2 to 1 vote.

The Chairman reported that he had received no input from the Stonorov family on Bridge #178. Mrs. Ewald volunteered to contact Michael Churchill. This item was deferred to the June 20 meeting.

The Board of Supervisors will meet on July 11th since the first Monday of the month is July 4th. This was agreeable to all parties.

Adam Brower, of Edward Walsh Associates, presented the Final Subdivision Plan of Emory & Catherine Todd. This Plan is for dividing 36 acres into 3 lots on Seven Oaks Road. The need of an Environmental Impact Assessment Report was discussed. Mrs. Ewald suggested that the following be added to Note #25: “if a Conditional Use Application is submitted with a plan for further subdividing, an EIA Report will be required”. Mr. Oeste revised note #25 to read “An Environmental Impact Assessment Report must be provided if further subdivision of Lot #1 is proposed either prior to the issuance of the use and occupancy permits for both Lot #2 and Lot #3 of the current proposed subdivision or if conditional use approval is required for further subdivision of Lot #1.” Mr. Martin moved to approve the Todd Subdivision, subject to the amendment of note #25 by Mr. Oeste. The motion was seconded by Mrs. Ewald and unanimously carried.

Mr. Martin moved to approve the appointment of Harold F. Pyle to the Charlestown Historical Commission. The motion was seconded by Mrs. Ewald and unanimously carried.

The Chairman opened and read aloud bids for Equipment Rental, Bituminous Concrete and Stone. The bids were given to Mr. Kohli for his review. Bids will be awarded at the June 20th meeting.

The Chairman set the date of Monday, June 27, for the Conditional Use Hearings for both John Hrinkevitch and Thomas Aquilante. This was agreeable to all and Mr. Oeste will advertise.

The Secretary stated that Devault Foods,Inc. submitted a time extension to August 17, 1994.

The Chairman reported that the variance granted to Ranney Moran in 1987 is still valid due to the fact that the Township Ordinance contains no provision for expiration. Al McGowan is the new owner of the property and at this time he submitted his Building Permit application along with 3 sets of each document as required.

The Charlestown Meade Escrow Release #5 had been reviewed by Mr. Kohli and recommended to the Board for approval. Mr. Martin moved to approve Escrow Release #5 as defined in Mr. Kohli’s May 31 letter. The motion was seconded by Mrs. Ewald and carried unanimously.

John Panizza presented drawings for various ways of developing Charlestown Highlands, formerly Adwin’s Charlestown Meadows. Mr. Martin noted that the Supervisors did not receive their plan until Friday and therefore did not have time to review it. Mr. Martin’s opinion is that this should go to the Planning Commission for their views and, until they make a recommendation, the Board of Supervisors should not even consider it. Mrs. Ewald instructed Mr. Panizza to submit his plan according to the Ordinance or she cannot give it serious consideration. Mr. Sauser noted he did review the plan and that he would not have a problem with completed studies already done by Adwin, but he did question some waivers. He also questioned if the site could actually accommodate what the sketch shows. After further discussion, Mrs. Ewald suggested Mr. Panizza come back to the Board on July 11.

Mr. Martin moved to adjourn the meeting. The motion was seconded by Mrs. Ewald and unanimously carried. The meeting adjourned at ll:15pm.

Respectfully Submitted,