The Charlestown Township Board of Supervisors held their regular monthly meeting on Monday, November 7, 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.; John D. Snyder, Esq.; Surender S. Kohli, P.E.; Ruth W. Buckwalter, Secretary; those on the attached list of attendees and others.

The Chairman called the meeting to order at 8:00pm.

Announcements: Mrs. Ewald announced that she attended the County Commissioners’ meeting of October 27th at which time the Commissioners did the final passage and acceptance of the Agreement on Bridge #178. Mr. Martin announced that an executive session was held on Nov. 2 at Mr. Kohli’s office to discuss Charlestown Brae. Mrs. Ewald and Mr. Sauser attended that session. Mr. Martin also stated that he spent several hours in Court giving testimony regarding a case against PENNDOT.

The Chairman entertained a motion to approve the October 13, 1994 minutes. Mr. Sauser so moved. The motion was seconded by Mr. Martin and so carried.

The minutes of October 19, 1994 were deferred to the next meeting.

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

The November 7, 1994 Accounts payable was amended by the Township Treasurer as follows: check #7825 to the Zoning Hearing Board’s attorney was replaced by check #7836 which deleted a $12.65 interest charge. Mr. Martin moved for approval of the Accounts Payable with the exception of check #7830 (workmen’s comp.). Mr. Sauser seconded the motion. The motion so carried.

Zoning Officer’s Report: Mr. Kohli submitted his report on permits issued during October. He reported that he has received the PA Turnpike plan for proposed improvements and has a set available for residents who wish to review and comment. In answer to Mr. Martin’s letter regarding a flashing light at Rt. 401 and Newcomen Road, Mr. Kohli reported that PENNDOT has no funding available. To proceed, the Township needs to prepare plans according to PENNDOT requirements and bear all costs.

Mr. Oeste reported on LauraBrooke stating that he received an order from the Court as a result of our Oral Argument. It means the only argument that would be heard would be by the attorney for the Board of Supervisors. The Board needs to decide whether Gary Bender, Esq., or Lamb,Windle & McErlane will argue the case. Mr. Martin and Mr. Sauser agreed that a representative of Lamb, Windle & McErlane is to take on LauraBrooke from this point on.

Fire Marshal’s Report: Mr. Alston submitted a written report on activities for the month of October. The fire companies responded to 10 incidents. The Chairman deferred the Ordinances relating to the fire companies until the Dec. 5th meeting. He then referred to a letter received from the Kimberton Fire Co. which requested an additional $3,000 over and above the $22,000 per year the Township normally contributes for their services. This would mean an additional $3,000 would need to be paid to the East Whiteland Fire Co. also. The issue of Workmen’s Compensation was questioned and Mr. Oeste stated that the Township is required to provide this.

Park Board Report: No one present to make a report.

Charlestown Townwatch Report: Robert C. Wert, President of Townwatch, gave an informative history of this organization which was formed in 1978. He then reviewed the present operations and a statement of cash flow for the year 1993 and the first 9 months of 1994.

The next item on the agenda was the Mobile Pipeline. No representative was present.

Citizens Forum: no comments nor questions.

Salt Bids: Mr. Kohli reported that none of the companies bid as requested, the bids were confined to 200 tons. Morton Salt replied to Mr. Kohli that any amount over that would be provided, if possible. He recommended Morton Salt as the lowest bidder for 200 tons. Mr. Martin made a motion to accept the Morton Salt bid for road salt, Mrs. Ewald seconded the motion. The motion carried unanimously. Mrs. Ewald asked Mr. Kohli and Mr. Hiller to get together a cost estimate on types of structures to enlarge our salt storage capacity.

Mr. Martin referred to the water problem of Mr. Berger on Benburb Road. Mr. Kohli will look into this matter.

The Chairman inquired of Mr. Oeste regarding the VFSA Ordinance. Mr. Oeste handed copies of the Ordinance to the Supervisors noting that basically it adopts the VFSA regulations.

The next item before the Board was the Devault Food Inc. final land development plan. Mr. Keffer, representing Devault food, discussed the following items: waivers on parking spaces (sheet 3); requirements of the Environmental Impact Report (sheet 5); plan of pre-treatment plant area buffered by trees to provide screening between the Devault plant and the Spring Oak property (sheet 7). Mr. Kohli noted that the Planning Module is still outstanding. The Chairman called a recess and the Supervisors met with Messrs. Oeste and Kohli to further discuss the plan. In conclusion, the Chairman stated that Mr. Oeste will write up a proposed approval to be circulated to the Supervisors and Devault Food. At the December 5th meeting of the Board, an agreement on all the language will be followed by formal approval. Mr. Sauser made the motion to approve the final plan subject to the circulation of Mr. Oeste’s letter and discussion with Mr. Kohli and Mr. Fillippo and including a contribution for the proposed traffic signal and traffic intersection improvement at Charlestown Road and Phoenixville Pike and also including the conditional uses subject to any conditions that Mr. Kohli may recommend and receipt of the final Planning Module and also additional landscaping. Mr. Martin seconded the motion. It so carried.

Mr Martin moved to add check #7837, made out to the Chester County Assn. of Township Officials, in the amount of $60.00 to the approved Accounts Payable. Mr. Sauser seconded the motion and is so carried.

The next item before the Board was Charlestown Brae. Mr. Oeste reviewed Resolution #489-94 making the following changes: page l, II 4 of 1 A, delete “construction of”; page 2, line 2, delete “BACK”; page 2, II c, line 3, add after subject to “such revisions as required and approved by the Township and Township Solicitor”. The remaining subparagraphs from 1 through 7 are stricken; page 3, II f, line 5 delete “back edge of the curb” and substitute “the edge of the right-of-way”; page 4, II 3, line 6, delete “Land Planner” and insert “Engineer”. Mr. Featherman noted that an agreement had been reached with the Kuhn family. Other issues discussed were tree replacement and buffering, signage and the Rees Road overlay. Mr. Featherman will meet with Mr. Oeste to review the Declaration and come to a resolution in consultation with the Board. Mr. Martin moved for approval of Resolution #489-94 as amended by Mr. Oeste. The motion was seconded by Mr. Sauser and so carried.

Resolution #490-91 – Snow and Ice Agreement between PENNDOT and Charlestown Township - Mr. Sauser moved for approval of Resolution #490-94. The motion was seconded by Mr. Martin and so carried. Robert Roggio came before the Board asking the Supervisors to revise their decision to deny his building permit application. Mr. Roggio gave a number of reasons for not wanting to build his house within the approved building envelope. Mr. Martin stated that the Supervisors could grant the requested building permit provided the existing Conditional Use is rescinded. Mr. Roggio found this acceptable. Mr. Martin moved to approve the building permit and rescind the existing Conditional Use. The motion was seconded by Mr. Sauser and so carried.

Mr. Sauser made a motion to advertise the proposed 1995 budget. The motion was seconded by Mr. Martin and so carried.

Mr. Martin made a motion to cancel the second meeting of November. The motion was seconded by Mr. Sauser and so carried. The Secretary was instructed to advertise the cancellation.

All business completed, the meeting was adjourned at 12:00 midnight.

Respectfully Submitted,



Planning Commission Report: Mr. Churchill reported that the Commission approved the Charlestown Brae plan, reviewed and approved Devault Food and Hrinkevitch projects. The withdrawal of Envirotest was discussed. It was noted that Charlestown Meadows and Great Valley Materials have not completed their applications as yet. Mr. Churchill stated that John Panizza was to come back to the Planning Commission with additional material regarding Whiteland Ridge but has not done so. Mr. Kohli will notify Mr. Panizza for a time extension.

Roadmaster’s Report: Mr. Hiller reported on the Fall Road Tour and submitted a written copy for the Township files. During October, Tinkerhill Road was paved and milled and sections of Hollow Road were patched. Mr. Hiller reviewed the snow and ice agreement with PENNDOT which now includes Foster Road, and recommended the Supervisors approval.