The Charlestown Township Board of Supervisors held their second monthly meeting on Monday, October 16, 1995 at the Charlestown Elementary School, Charlestown Road, Devault, Pa.


John C. Martin, Jr., Chairman, John B. Sauser, Irene W. Ewald, Member, Tom Oeste, Esq., Linda M. Csete, Secretary and those on the attached attendee list.

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


Mr. Martin announced that a meeting was held last week to discuss the Phoenixville Spur project, and they will proceed with a needs study. He also announced that there will be a taxpayer’s meeting at the Phoenixville Fire House on October 18, 1995 which will be attended by several state representatives to discuss tax reform.

Citizens’ Forum

There were no issues brought forward at this time.

Mr. Sauser moved to approve the first draft of the minutes of September 11, 1995. Mr. Martin seconded. Two were in favor, one opposed.

Support for House Bill 702:

Mr. Martin stated that this bill deals with codification of changes in township code over the years. Since there was not sufficient information available to the Board for examining the bill, Mr. Martin suggested dropping this item from discussion.

Acting Zoning Officer:

Since Mr. Kohli is now back to work, Mr. Martin moved to release Jim Kepner from the position of temporary Zoning Officer effective 10/16/95. Mr. Sauser seconded, and the motion passed.

Intermediate Soccer Field Bids:

Mr. Martin stated that Mr. Kohli felt there was not sufficient information included in the bid package to allow bidders to submit proper bids. Without clearer specifications, there would likely be a dispute over what work was to be included. Mr. Connolly requested that the Board open the bids and turn them over to Mr. Kohli for review. Mr. Martin read the bids aloud, which included: Gessler Construction Co., $79,900.00, United Excavation, $41,000.00, and P.J. Reilly Contractors, $43,990.00. Mr. Martin directed the Secretary to forward the bids to Mr. Kohli and request that he respond to the Board prior to the November 6, 1995 Supervisor’s meeting with a recommendation to either accept one of the bids or re-bid the job for work to begin in the Spring of 1996.

Charlestown Hunt - Broadwater Lane Issue:

Mr. Martin gave a brief explanation of the ongoing litigation between two property owners and Realen Homes, which is preventing Realen from completing the Broadwater Lane access. The original agreement with Realen states that the access must be completed by the end of construction of Phase I. Realen expects fifteen to twenty-five homes to be completed and Use & Occupancy Permits sought for them prior to year end; however, the Board had made it clear by notes on the Building Permits and on the plans that these U & O Permits would not be granted until the Broadwater Lane issue was resolved and the access constructed. Realen requests relief from this restriction, as they have reached an agreement with the Connollys, but will not have a hearing for the Anderson matter until the first quarter of 1996. Unless a settlement takes place earlier, a considerable delay can be expected. Mr. Martin stated that if the Township denies the U & O permits, Realen can be expected to return to Judge Wood. Mr. Oeste feels that since the original agreement with Realen indicated that Broadwater Lane must be constructed by the end of Phase I, the Judge is likely to rule in Realen’s favor, regardless of the notes on the plans and building permits. Mrs. Ewald stated her concerns over the township’s liability for accidents which may occur as a result of the lack of the emergency access and suggested that Realen be made responsible. Mr. Sauser stated that allowing a maximum of 25 U & O permits shows a cooperative spirit, but wished to make it clear to Realen that a definite ceiling should be determined for the future. Mr. Martin moved to authorize the township Zoning Officer to issue up to twenty five Use & Occupancy Permits for Charlestown Hunt conditioned on Realen’s acceptance of an indemnification agreement that protects the township from liability for accidents and other emergency incidents caused by the lack of emergency access and further conditioned on Realen’s diligent pursuit of a settlement and resolution of the Broadwater Lane Easement issues. Mr. Sauser seconded and two were in favor. Mrs. Ewald did not vote.

Road Tour:

The date for the road tour was confirmed for Saturday, October 21, 1995 at 9:00 A.M. Mr. Kohli will be able to attend.

Office Closing:

The Chairman approved the Secretary’s request to close the office between 9:00 A.M. and 12:00 Noon on November 1st and December 8th so she can attend computer classes and suggested she submit a bill for tuition reimbursement.

911 Re-addressing:

Fred Alston introduced the members of the Re-addressing committee, including Peggy Gallagher, Charlie Philips, Tom Dobson and Hank LaMien who were present to continue work on township wide re-addressing. Mr. Alston submitted a Re-addressing Workplan, a list of re-addressing concerns and a list of proposed names for shared driveways. He stated that the proposed ordinance should be published along with a list of road names, naming the responsible person for assigning new addresses, and requiring every house to be posted. Mr. Oeste added that a deadline for the residents to post the new numbers should be given along with a penalty for noncompliance after an initial warning. Mr. Sauser said that the comittee’s report listing existing residences appears to be comprehensive with just a few updates needed. He questioned the need to assign a number to every fifty feet of road frontage, which he thought could create confusing large number jumps when two residences are separately by a large vacant parcel or parcels. Mr. Alston explained the comittee’s rationale that this numbering scheme allows for virtually any future expansion situation. After further discussion, Mr. Sauser indicated he would accept this component of the plan if exceptions could be made to areas such as Tyrone Farms and Three Ponds, where deed restrictions make allowing space for adding numbers unnecessary. Other issues discussed at length were the naming of the private shared driveways and numbering where a road meets another township. Mrs. Ewald stated her preference for assigning a cluster of numbers to residences on shared driveways without actually renaming the driveways themselves. Mr. Philips responded that the committee followed input from Chester County Emergency Services, which recommends naming the shared driveways, and that the residents themselves gave a positive response and provided the new names. She asked for more flexibility in this area. Mr. Sauser suggested they begin drafting the ordinance so the committee can use it as a guide in polishing the re-addressing plan to its final form. Mrs. Ewald suggested that they review the ordinances of neighboring townships concurrently with producing a draft ordinance of their own.

Mr. Alston invited members of the Board to join the re-addressing committee in their efforts, and both Mrs. Ewald and Mr. Sauser accepted. A reorganization/work session meeting was scheduled for November 13, 1995 at 7:30 P.M, location to be announced.

Hazardous Materials:

As Fire Marshal, Mr. Alston brought up a current problem at a property along Phoenixville Pike where Pavement Services Co. previously rented space. When they vacated the premises, they left behind a large number of marked and unmarked storage containers. The property owner has removed the containers from the building and placed them outside along their driveway only 50 feet from Phoenixville Pike. The containers include 30 barrels (55 gallon), 22 pails (5 gallon) and 2 one gallon plastic bottles. Two drums are marked 311 and 411 respectively, with 411 being the highest health hazard rating. Neither drum is a fire hazard, assuming what is on the labels are in the drums.. There is no provision in the ordinance for illegal storage of hazardous materials on private property. He requested that the Board consider an amendment to the Hazardous Materials Ordinance which would address this situation should it occur in the future..He stated that the owner of the materials indicated they may be removed tomorrow. Otherwise, he will turn the matter over to the Zoning Officer, since the Zoning Ordinance has provisions that would address the issue.

Mr. Martin moved to adjourn the meeting, Mrs. Ewald seconded, and the motion passed.

Respectfully Submitted,

Linda M. Csete, Secretary