OCTOBER 19, 1994

The Charlestown Township Board of Supervisors held the second meeting of the month on Wednesday, October 19, 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; those on the attached list of attendees and others.

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

Announcements: Mr. Martin reported that at Bishop Shanahan’s soccer field this afternoon there was a big semi-finals of Great Valley High School and Bishop Shanahan. Bishop Shanahan ranked #1 in Chester County. Great Valley won the game 2 to 0. Mr. Martin’s daughter, Allison, had her ninth shut-out at Great Valley!

The Chairman asked Mr. Oeste to give a quick review of the October 17th Zoning Hearing on the Altemose case. Mr. Oeste reported that Mr. Altemose submitted an application to convert a barn on his property to what he described as a Bed & Breakfast. The Zoning Board deliberated on the matter and then voted unanimously to deny the application.

Mr. Kohli explained the request of Roy Raynor for a lot line change of lot #5 in the Heatherwood Subdivision. The change is necessary in order to comply with the front yard setback. The Planning Commission and Mr. Kohli have recommended approval. Mrs. Ewald moved to approve the lot line change as recommended by Mr. Kohli. The motion was seconded by Mr. Martin and carried unanimously.

The Chairman reported he received two letters of complaint from Michael Di Piano regarding the condition of Horseshoe Trail. Mr. Kohli met with Mr. Schulze on the site today and addressed the issues as listed in Mr. Di Piano’s letter of October 3. No further action will be taken until after the Fall Road Tour, scheduled for October 22.

The Secretary reported that John Panizza is not willing to pay the fees for his plan submission of Charlestown Meadows maintaining he is under the Adwin submission. Mr. Kohli stated that this is a new application, Adwin has withdrawn their former application. Mr. Panizza needs to submit his application the same as anyone. The Secretary will convey this to Mr. Panizza.

In the matter of Mr. Roggio’s site location for his house on lot 10 of the Eastwick plan, the Chairman stated that Mr. Oeste has written a legal opinion which is privileged. A short memo of this opinion will be given to Mr. Kohli to attach to a letter to Vince Kling,Jr. In this way Ken Werner, Attorney for Mr. Roggio, will understand the Township’s position.

The Chairman introduced Commissioner Joseph J. Kenna who presented the Supervisors a $15,000 check to be used towards a soccer field at the Charlestown Park as part of the County Open Space program. The Supervisors thanked Mr. Kenna.

The Chairman opened and read the salt bids: 1) Agway bid $44.00 per ton 2) Oceanport Industries,Inc., bid $35.00 per ton 3) Cargill Salt bid $40.66 per ton 4) Morton Salt Division bid $34.40 per ton 5) AKZO bid $36.40 per ton. The bids were given to Mr. Kohli for his review and will be awarded at the November 7 meeting of the Board. Mrs. Ewald recalled that the Roadmaster had requested the salt shed be enlarged.

The next item was the Conditional Use Hearing for Devault Foods, Inc. Michael Keffer and Ken Myer represented Devault Foods. Mr. Oeste opened the hearing which was to consider a Conditional Use application of Devault Foods for approval pursuant to sections 1202 A2 and B2 of the Zoning Ordinance. A court Stenographer recorded the hearing. The Chairman scheduled the Devault Foods final plan for the November 7 meeting of the Board.

Citizens Forum: Bill Hochwind and Fred Wheeler addressed complaints to the Supervisors regarding Charlestown Meade, a development located at Cold Stream and Maryhill Roads. Issues included alleged defraud by developer regarding the water tower, withholding of a Building Permit for lot 13, easement for sewer storm water construction, and easement relocation. Mr. Hochwind stated his belief that the developer has committed criminal action against the Township. He asked the Board to grant a special exception to allow him to proceed with his project or to stop all work by the developer on what he perceived to be an illegal subdivision. Mr. Sauser stated that this merits the review of the Township’s Solicitor and Engineer. Mr. Martin stated that if the Township issued an order to stop all construction on this project, we would be sued. After further discussion, it was determined that Mr. Hochwind’s property will be inspected during the Road Tour. Mr. Fred Wheeler stated that his property, known as Heritage Acres, located at Cold Stream and Maryhill Roads, was torn up by the developer and that he has been cheated out of $15,000. Mrs. Ewald noted that there will be no Building Permit issued for lot 13 until these complaints have been resolved. Mr. Martin said this property will also be checked during the Road Tour.

At this time, the Building Permit Application of John Foster was brought to the attention of the Board by Mr. Kohli. Mr. Foster requested relief from the normal fee because he will do the work himself with used material. He proposed paying $250 as an appropriate fee instead of $985 as required by the Township’s Fee Resolution. The Board was unanimous in their support of Mr. Kohli’s recommendation that the charge for this permit meet the approved fee as stated in Resolution #381-84. The permit application and check will be returned to Mr. Foster with a letter advising him of the Board’s decision.

Charlestown Brae: John Featherman,Esq., Angelo Capuzzi, Joe Orsatti and Sarah Peck represented Rouse/Chamberlin in this matter. Mr. Featherman stated that the Planning Commission had recommended approval subject to certain conditions. Mr. Kuhn and Ms Peck discussed options regarding the Kuhn’s septic system which is currently on Brae property. Other items reviewed and discussed were: two alternatives regarding the widening of the curve at Rees Road - the Supervisors and Mr. Kohli agreed on alternate #2 and to do the paving now rather than at some later date. Mr. Oeste, referring to his letter of October 19th, listed Note #14 on the Title Plan - vacation of a Township Road procedures and costs; Paragraph #9 of the Settlement Stipulation - Phase 1 exceeds 25 acres; Note #18 on the Final Plan - escrow fund for future repairs on stormwater retention facilities, entrance signs and landscaping (the language should be amended); Paragraph #16 amended to prohibit amendment of the Declaration without written consent of the Board; Note #24 of the plan regarding tree replacement. Charlestown Brae will be on the November 7th agenda.

At 12 midnight, Mrs. Ewald adjourned the meeting.

Respectfully Submitted,