CHARLESTOWN TOWNSHIP
BOARD OF SUPERVISORS
BUSINESS MEETING
MARCH 27, 2000

The second business meeting for March was held March 13, 2000 at the Valley Forge Christian College Memorial Chapel. Irene W. Ewald, Chairman, Hugh D. Willig, Vice Chairman, Kevin R. Kuhn, Michael J. Rodgers, Thomas F. Oeste, Esq., Gary C. Bender, Esq., Surender S. Kohli, P.E., Ed Theurkauf, Linda M. Csete, Secretary, Leah Campion, Asst. Twp. Secretary, and those on the attached attendee list were present.

The meeting was called to order at 7:40 P.M.

Announcements

Mrs. Ewald made three announcements:

  1. The Valley Forge Christian College has increased its security particularly with regard to parking of unregistered cars. If anyone receives a parking ticket, please call either the Township or the College and it will be taken care of.
  2. Paul Hogan is absent this evening as he has been delayed in his return from a business trip.
  3. Three Board members, Mr. Kuhn, Mr. Rodgers and Mrs. Ewald, met in Executive Session on Sunday, March 12, 2000 at the Township office to discuss real estate matters with the Township Solicitor, Jim McErlane.

Citizens’ Forum - Non-Agenda Items

Spring Lane Farms Preliminary Subdivision Plan dated 9/8/99

George Asimos, Esq., attorney representing General Residential Properties Inc. referred to his letter to the Chairman dated 3/8/00 requesting a resolution from the Board deeming the Spring Lane Farms Preliminary Subdivision Plan application approved as of 3/1/00. He requested that this action be taken now.

Mr. Oeste responded that the application was filed in September 1999, following which time the Township consultants issued two review letters, Mr. Kohli’s letter dated 9/27/99, and Mr. Comitta’s letter dated 9/23/99. In addition, the County Planning Commission issued a review letter dated 10/8/99. The plan was never revised by the applicant. At one point, the applicant went to the Planning Commission to present an alternate plan for a road relocation. The Board of Supervisors also heard this presentation and responded with a letter dated 2/9/00 indicating that the applicant should consider alternative layouts for this site. A conditional use application related to this application is still pending. At the applicant’s request, the deadline for opening the conditional use hearing was extended to early April 2000. This request, dated 2/24/00 was made by letter to Mr. Oeste’s office and was not copied to the Board or anyone other than the applicant’s attorney. Prior to 3/1/00, the Township computers were out and the Township was unaware of the date of the preliminary plan decision extension to 3/1/00. Just prior to 3/1/00, the Secretary requested an extension on the decision deadline for the preliminary plan and the applicant refused to extend it further. The Township feels he is acting in bad faith. The applicant intentionally didn’t revise the plan, even though there were three outstanding review letters. Mr. Oeste advised the Board not to pass a resolution acknowledging approval of the plan. If the applicant objects, they will have to pursue legal remedies.

Mr. Asimos said the road relocation plan was proposed for discussion purposes only and was never changed on the formal plan submission. The Board turned down the proposal for this alternate road location and the applicant then communicated to the Board that he intended to proceed with the plan as submitted. The plan stands as submitted and is not an act of bad faith on the applicant’s part.

Mr. Oeste asked why the plan was never revised following receipt of the three review letters last fall. Mr. Asimos responded that his client believes the plan is in compliance with the ordinances.

Mr. Oeste asked why the letter requesting an extension on the conditional use application was sent only to his office, which is not common practice. Mr. Asimos said he couldn’t answer that question.

Mr. Oeste said the Board chooses not to take the requested action at this time. He recommends the Board deny the plan as noncompliant with the Subdivision and Land Development Ordinance as outlined in Mr. Kohli’s letter of 9/27/00, Mr. Comitta’s letter of 9/23/00 and the Chester County Planning Commission review letter of 10/8/00. Mr. Oeste will prepare a formal decision in writing.

Mr. Asimos cited Section 508 of the Pa. Municipalities Planning Code, stating that it explicitly states that if a decision is not rendered by the submission deadline, the plan is deemed approved. He said his client will forced to resolve the matter in court. Mr. Oeste responded that there are ambiguous circumstances.

Mr. Kuhn moved to deny the Spring Lane Farm Preliminary Plan dated 9/8/99 as noncompliant with the Subdivision and Land Development Ordinance as outlined in Mr. Kohli’s letter of 9/27/00, Mr. Comitta’s letter of 9/23/00 and the Chester County Planning Commission review letter of 10/8/00. Mr. Willig seconded. Mrs. Ewald called for discussion from the Board and comments from the public. There being none, she called the vote and all were in favor.

Rees Road Traffic Video

William Longua, 1061 Rees Road, presented the Board with videotapes recording traffic activity on Rees Road at different times of the day. His recordings reflect the following counts:

4:00 P.M. - 6:00 P.M. 899 cars
6:00 P.M. - 9:00 P.M. 1,067 cars (approx. 100 in the first hour, 967 in the remaining 2 hours)

He also taped traffic on a third day without undertaking a traffic count. Mrs. Ewald asked if he would provide a count for 10:00 A.M. - 11:00 A.M. and 1:00 P.M. - 2:00 P.M., representing off-peak hours, during a weekday, as well as a count during peak hours on a Saturday. Mr. Longua agreed to do so.

Approval - Minutes of March 6, 2000

Mr. Willig moved to approve the minutes of March 6, 2000 and Mr. Kuhn seconded. Mrs. Ewald called for discussion from the Board and comments from the public. There being none, she called the vote and all were in favor.

Phoenixville Pike Improvement Plans

Mr. Kohli outlined the Township’s plans to improve the following intersections:

Morehall Road (S.R. 0029) & Whitehorse Road (S.R. 1003)
Phoenixville Pike (S.R. 1003) and Warner Road
Morehall Road (S.R. 0029 & Yellow Springs Road (S.R. 1016)/Warner Road

Mr. Kohli explained that after working with PennDOT for over 10 years, the Township withdrew its plans and entered into a private arrangement with J. Loew & Associates, a developer firm that would undertake these improvements as part of its plans to develop the Quigley Farm on Whitehorse Road as Spring Oaks Business Park. Mr. Kohli added that this developer also owns the existing Commons at Great Valley business park, which currently has several buildings constructed and three more underway. J. Loew & Associates has obtained PUC approval for an at-grade railroad crossing on Warner Lane so Warner Lane can be extended to meet Phoenixville Pike. J. Loew & Associates will solely bear the cost of these improvements.

Mr. Kohli has prepared applications to PennDOT for the improvement of these three intersections, which includes left turn lanes on all approaches with closed loop signalization. Closed loop signalization means the lights are synchronized with traffic volume and not on timers.

In conjunction with these three applications, the Township is requesting revisions to the existing traffic signal permit at Phoenixville Pike (S.R. 0029-1003)/Morehall Road (S.R. 0029) and Charlestown Road (S.R. 1019) to allow construction of left turn lanes on all four approaches, a separate right turn lane on the Morehall Road approach, and upgrade of the traffic signal to accommodate coordination with the aforementioned closed loop system. Charlestown Township holds a special account, originated with developers’ impact fees, to cover the cost of the Phoenixville Pike Improvement project.

A member of the public asked if there is a timetable for these improvements. Mr. Kohli responded that he can only estimate at this time. The Phoenixville Pike/Route 29/Charlestown Road Intersection should be permitted by PennDOT by the end of the year, with the Township putting the project out to bid in early 2001. He doesn’t know when J. Loew & Associates plans to move forward.

Mr. Alston asked if there are plans to widen the Turnpike underpass on Morehall Road (Route 29). Mr. Kohli responded that he understands the Turnpike Commission plans to do this independently.

Russ Hanscom asked if the Township believes the funds available for the Phoenixville Pike/Route 29/Charlestown Road Intersection will be sufficient, considering the Board budgeted $150,000 for two signals on Route 401 (Conestoga Road), one at Valley Hill Road and one at Newcomen Road and this project is much more involved. He also asked if Conrail is covering the cost of the signals that will be needed at the Warner Road at-grade rail crossing. Mr. Kohli responded that Conrail will not cover any of this cost.

A member of the public asked if these improvements preclude the possibility of Turnpike Slip Ramps. Mr. Kohli said this project is entirely independent of the slip ramp issue.

Mr. Longua asked what will happen if J. Loew & Associates doesn’t move forward. Mr. Kohli said their Spring Oaks Business Park triggered the need for the 3 signals as detailed earlier; but not the need for the improvement to the Phoenixville Pike/Route 29/Charlestown Road Intersection, which was already identified as being in need of improvement.

Sue Staas asked what impact the widening of the Turnpike Bridge may have on traffic, either good or bad. Mrs. Ewald didn’t specify impacts, but said it’s true there may be plusses and minuses to this widening.

Mr. Willig/Mr. Kuhn moved to approve Resolution #557-00, Application to PennDOT to Install and Operate Traffic Signals for Morehall Road (S.R. 0029) & Whitehorse Road (S.R. 1003). Mr. Rodgers seconded. Mrs. Ewald called for discussion from the Board and comments from the public. There being none, she called the vote and all were in favor.

Mr. Rodgers moved to approve Resolution #558-00, Application to PennDOT to Install and Operate Traffic Signals for Phoenixville Pike (S.R. 1003) and Warner Road. Mr. Willig seconded. Mrs. Ewald called for discussion from the Board and comments from the public. There being none, she called the vote and all were in favor.

Mrs. Ewald moved to approve Resolution #559-00, Application to PennDOT to Install and Operate Traffic Signals for Morehall Road (S.R. 0029 & Yellow Springs Road (S.R. 1016)/Warner Road. Mr. Kuhn seconded. Mrs. Ewald called for discussion from the Board and comments from the public. There being none, she called the vote and all were in favor.

East Whiteland Fire Company Contract

Mrs. Ewald read the East Whiteland Fire Company Contract for 2000 in its entirety. The contract is automatically renewed if neither party notifies the other in writing within a specified time frame. The Contract calls for an annual contribution to the fire company of $35,000 by Charlestown Township. Mr. Kuhn moved to approve the East Whiteland Fire Company Contract for 2000 and Mr. Rodgers seconded. Mrs. Ewald called for discussion from the Board, and there being none, called for comments from the public. Glenn Boekell, Wyndham Lane, asked about the fire companies servicing Charlestown and whether their locations enabled them to properly cover the township. He noted that he is served by East Whiteland Fire Company, but that it’s outside the limit that would allow him a discount on his home insurance. Mr. Alston said Mr. Boekell’s house is almost equidistant between the Lionville and East Whiteland Fire Companies, both slightly outside the 3 mile insurance discount limit. He said there is nothing closer and no changes are foreseen. He said that both East Whiteland and Kimberton Fire Companies, the only two that serve Charlestown Township, have a record of being out the door after a call in four minutes. He noted that Wyndham Lane is approached by a good main road, Route 401 and the fire protection coverage to Wyndham Lane is good. Mr. Boekell thanked him for the information. Mrs. Ewald called the vote and all were in favor. The Board signed the agreement and Mr. Alston will arrange for the fire company to sign and return a copy to the Township office.

Mr. Alston asked the public to contact him as Fire Marshal whenever a switching problem is observed at the Phoenixville Pike/Route 29/Charlestown Road intersection, as Conrail has had numerous problems in the past that were not reported in a timely fashion or at all. He referred to a problem on Sunday that set all signals to red all day and no one at the Township was made aware of it.

Two Concurrent Hearings: Toll Bros Inc. - (1) Tentative Plan Application and (2) Conditional Use Application: Charlestown Meadows, 76.8 Acres at Newcomen Road and Route 401 (Conestoga Road)

The proceeds were recorded by a court reporter. The hearing was continued to March 27, 2000 at 7:30 P.M. at the Valley Forge Christian College Memorial Chapel. Subsequent hearing dates were scheduled for April 10th and April 24th. Continued testimony from Toll Brothers will be held on March 27th, with the Township beginning its testimony on April 10th and continuing on April 24, 2000.

New Business

25 MPH Speed Limits

Mr. Rodgers said he’d like to propose an ordinance reducing the speed limit on Union Hill and Rees Roads to 25 MPH, and to add stop signs on each side of the Union Hill Road tunnel, and a three way stop where Rees Road intersects with Howell Road. Police enforcement of these measures will be crucial to their success in controlling traffic. Mr. Kuhn agreed with these suggestions. Mrs. Ewald asked the Board to consider including Buckwalter Road for a reduced speed limit of 25 MPH, and members agreed.

Mrs. Behrle asked the Board to take Hollow Road, a state road, into consideration by requesting a reduced speed limit from PennDOT. Mrs. Ewald cautioned Mrs. Behrle that the last time the Township requested a speed limit study for Hollow Road, PennDOT increased the speed limit from 35 MPH to 40 MPH, and this was not long ago. She said the Board will include Hollow Road for consideration during its ongoing township-wide study of the road systems. Mrs. Behrle objected, saying it’s a simple matter to contact PennDOT and make the request. Mrs. Ewald was concerned with the timing of this issue, but Mr. Rodgers agreed to talk to PennDOT.

Mr. Rodgers moved to direct Mr. Oeste, with input from Mr. Kohli, to draft an ordinance to reduce the speed limit on Union Hill Road, Rees Road, and Buckwalter Road to 25 MPH, and to prepare ordinance drafts to add stop signs at the Union Hill Road tunnel and the Rees & Howell Road intersection. Mrs. Ewald seconded. Mrs. Ewald called for discussion from the Board and comments from the public. There being none, she called the vote and all were in favor.

Other Business

Schedule Date for GIS Presentation

A GIS Presentation will be arranged by Mr. Kohli for the April 17, 2000 meeting.

Myers Zoning Hearing Board Decision

Mrs. Behrle asked if the Board had an answer for her with regard to the Township’s position on the approval of the Myers Zoning Hearing Application by the Zoning Hearing Board following an executive session to discuss the matter with the Township Solicitor. She said Mrs. Ewald promised to provide the Solicitor’s interpretation of the decision at tonight’s meeting. Mrs. Ewald said the matter had not been addressed this evening and that, since the advise of the Township Solicitor is specific to the Board’s interests, Mrs. Behrle should hire her own attorney as a private property owner with a specific interest in the case. Mrs. Behrle said she doesn’t object to doing so, but objected to being promised an explanation this evening that was not forthcoming.

Adjournment

Mrs. Ewald adjourned the meeting at 11:35 P.M.

Respectfully Submitted,


Linda M. Csete
Township Secretary