JUNE 27, 1994

The Charlestown Township Board of Supervisors met on Monday, June 27, 1994, at the Charlestown Elementary School, Charlestown Road, Devault.

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

The Chairman called the meeting to order at 8:10pm.

The first item of business was Charlestown Brae. Mr. Oeste had prepared a Resolution which would resolve those issues concerning the widening of Rees Road and the relocation of the Horseshoe Trail. Mrs. Ewald stated that normal plan submission procedure had not been followed according to the Ordinance and she would need to look at the plan and the document together. Mrs. Ewald recommended to the Board that the Resolution be turned down tonight. The matter was discussed at length. The Board recessed. The Supervisors returned and the Chairman continued the meeting. Mr. Martin asked if any of the Charlestown Brae neighbors were present and if they had any comments. James Marlowe, Esq., Attorney for Thomas Alleva, stated that Mr. Alleva does not want Rees Road widened in front of his property because of increased traffic and safety issues. Alice Smurthwaite stated she opposed the widening for the same reasons and noted that the speed limit signs are gone. Mrs. Ewald stated the Roadmaster would be notified to replace them. Al Chaby expressed concern for the trees along the road. Mr. Martin moved the Board approve Resolution #485-94 subject to review of sheets 40 and 41 of the plan by the Township’s Engineer and Solicitor for consistency and lack of inconsistency with the Resolution and, further, that the trees removed be appropriately identified in the Resolution and also that the Resolution require delivery of relative portions of the plan to adjoining neighbors and that the Township Engineer re-evaluate the access of the Smurthwaite’s driveway to ascertain it agrees with the Stipulation. Mr. Martin and Mr. Oeste noted corrections to be made in the Resolution, i.e., paragraphs 5, 7c and paragraphs 12,13,14,15 be added. Mr. Martin’s motion for approval was seconded by Mr. Sauser and so carried. Mrs. Ewald opposed the motion stating that the Board is being inconsistent with the requirements it has of other developers and the inconsistency is unfair to all and she feels this applicant is sorely negligent in not having submitted a plan to this Township to go along with the proposed Resolution and it is a disgrace that this Board approves something it has not seen. Mrs. Ewald voted no. Mr. Martin added that Mrs. Ewald misinterprets the settlement signed by herself and Mr. Kling.

Citizens Forum: James Marlowe, Esq., asked the Supervisors if public hearing procedures had been changed noting that in the past neighbors had to be notified. Since he is representing the Alleva family, he requested that he be notified when Charlestown Brae is on the agenda.

The Conditional Use Hearing for Thomas Aquilante was rescheduled for August 1, 1994. Mr. Aquilante had not been advised that he was on tonight’s agenda. At this time, the Township Solicitor was designated as the person to notify applicants.

Mr. Oeste stated that John Hrinkevich gave an extension of time since he has to go back to the Planning Commission.

The Chairman stated he was unable to reach Mark Connolly regarding the Park Grant Application.

The Fee Resolution was deferred until the July 11 Board meeting.

Mr. Kohli announced that John Algiers, Kohli and Associates, Inc., is willing to fill in as the Township Zoning Officer during his absence. Mrs. Ewald moved to approve the appointment of John Algiers as temporary Zoning Officer for the duration of Mr. Kohli’s absence from July 20 to August 20 and upon his return, Mr. Kohli resume his position as Zoning Officer. Mr. Martin seconded the motion. The motion carried unanimously.

Riverdale Quarry: Mr. Oeste apologized for not having the time to write the letter withdrawing the Supervisors’ permission from the Quarry to use the Township’s adjacent property (see June 20 minutes). He will take care of this.

Great Valley Materials violations: Mr. Kohli reported that he visited the site and advised them that they are operating the environmental control section illegally. He suggested the Board require a land development plan be submitted. He also pointed out that on page 16-16 of the Ordinance there is a noise control and a limit on night time operation hours. After a discussion, it was decided that Mr. Kohli would ask them to submit a noise study and a detailed documentation of their operations.

Maintenance of the Revolutionary War Cemetery: The Chairman reported that Mr. Phillips is unable to care for the cemetery this year nor can the Nature Center because of lack of coverage on their insurance policy. The matter was tabled until the July 11th meeting.

Moving on to the Rapp House, the Chairman proposed giving the designated $24,000 to the Charlestown Historical Society for repair work that Janet Baldwin reported needs attention and also to be used for maintenance. Mrs. Ewald questioned if such a large amount of money could be so donated and requested Mr. Oeste for legal opinion. Mr. Oeste will look into this. Mrs. Ewald requested Mr. Oeste to also check on donating money to the Visiting Nurses Assn.

The Chairman was notified that the DiFillipos own a house across from Quigleys which is presently vacant. He suggested looking into this property for a possible location for the Township office. Mr. Sauser will check on this. Mrs. Ewald asked Mr. Sauser to check into the sale price of this property and also of the General Store in Charlestown Village. For the record, Mrs. Ewald stated that she has a very strong interest in building a Township Building on land the Township owns.

The next item on the agenda was to set a meeting date with the Supervisors and the Planning Commission regarding zoning. The Chairman listed several issues involved: 1) a response to Mr. Panizza, 2) ability to protect existing zoning and do we need additional land zoned PRD, 3) the 3.5 maximum density. The date was set for 8:00am on Friday, July 8 for the Supervisors to meet with Michael Churchill and Surender Kohli at McErlane’s office.

The Chairman read a letter received from the Valley Forge Sewer Authority enclosing a model Ordinance and the updated rules and regulations for use of the sanitary sewer system. No action was taken at this time.

The Chairman said he would be on vacation the week of July 25 to 30 and August 5 to 14. The Secretary will be on vacation the week of August 7.

The Chairman reviewed the agenda for the July 11th Board meeting. The Thomas Kimmel Plan was on this agenda by request of Mr. Kimmel. Mrs. Ewald noted that Mr. Kimmel was not ready to come to the Supervisors and should not be on the agenda according to procedure. A debate on the subject followed. Mrs. Ewald urged the Chairman to keep to procedures on plan submissions. Mr. Sauser commented on the subject and Mrs. Ewald requested his comments be recorded in these minutes. “That doesn’t make your right, Irene. It doesn’t mean we’re in trouble. You think we’re in trouble, that’s fine.”

The Chairman noted that the Thomas Aquilante Conditional Use Hearing and Devault Foods, Inc., will be considered at the August 1st Board meeting.

All business completed, Mr. Sauser moved to adjourn. Mr. Martin seconded the motion, it so carried. The meeting was adjourned.

Respectfully Submitted,