The second business meeting for October was held October 18, 2004, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Hugh Willig, Surender Kohli, P.E., Jim McErlane, Esq., Gary Bender, Esq., Ed Theurkauf, Tom Corcoran, Court Reporter, Linda M. Csete, Township Administrator, Melanie M. Lammers, Recording Secretary, and those on the attached list were present.
The meeting was called to order at 7:32 P.M.
Mr. Kuhn announced an Executive Session was held following the October 4, 2004 meeting to discuss legal matters, and there will be short Executive Session following tonight’s meeting, also to discuss legal matters.
Mr. Dave Hoffstead addressed the Board and indicated he is interested in purchasing a two-lot subdivision that was approved depicting a shared driveway. Prior to purchasing the property, he is seeking approval to have a second driveway constructed so there will no longer be a need for one, shared driveway.
Mr. Kohli indicated the Planning Commission originally recommended the denial of a second driveway, because that section of Charlestown Road is not conducive to multiple driveways. Mr. Kuhn said he would not be inclined to go back on the approved plan, but suggested Mr. Hoffstead take it back to the Planning Commission for their consideration.
Mr. Michael Dixon brought three concerns before the Board. Following are his issues, all related to the Charlestown Meadows development and related improvements:
With regard to the signalization project and signage, Mr. Dixon showed photos of signage that he feels creates a hazard for him when turning into his driveway. He stated he would like them moved. Mr. Kohli said he has contacted PennDOT with regard to the placement of the signs and will follow up with them. Mr. Kuhn reminded Mr. Dixon that this is a State road, and therefore, the Township does not have direct jurisdiction over it.
With regard to the easement, his concern is that the easement has not yet been executed, yet work is being done on his property. Mr. Kohli said he would look into this issue.
Regarding the work hours, Mr. Dixon said work is being done on ‘off-hours’ such as on this past Sunday.
Mr. Dixon said he feels the project is mismanaged and recommends the Board have developers set aside monies in an escrow account in future projects to address these types of issues. He also said there needs to be one point of contact to address resident questions, concerns, and/or complaints. Mr. Kuhn offered Mr. Dixon his cell phone number, and told Mr. Dixon he could call him with any concerns.
Mr. Hogan moved to approve the October 4, 2004 minutes, and Mr. Rodgers seconded. Mr. Kuhn made the following correction:
Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. McErlane announced this hearing would be continued to November 15, 2004.
Mr. McErlane said it was his understanding there was a request for a continuance of this hearing. Mrs. Csete confirmed that Mr. Tom Fillipo stopped in at the Township office today confirming the request for continuance. This hearing was continued to November 15, 2004.
Mr. McErlane announced Mr. Tupitza, legal counsel for Robal Associates, was not ready to provide testimony today. The applicant would like to continue their PRD application until such time as the Conditional Use application is completed. This hearing was continued to November 15, 2004.
Mr. Rodgers moved to approve scheduling of the Robal Conditional Use hearing for November 15, 2004, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. McErlane said Mr. Bender had one witness, Mr. Fred Alston, and Mr. DelBello had one witness, Mr. Main. Both of them gave testimony. Mr. Vaughn Drum and Mrs. Elizabeth Fay, parties to the proceedings, had a few comments. Mr. Bender closed his case and offered all four exhibits along with the Township’s Zoning Ordinance to be placed into evidence, and Mr. Ryan did not object.
Mr. DelBello made a motion, for introduction into evidence, the testimony of Morton Yulish, expert in the field of senior housing, called by Mr. Main and the Township in the prior proceedings from March 17, 2003 and April 21, 2003. Mr. Ryan objected, stating it was prejudicial to the applicant, because the witness is not present for cross-examination. He added that the prior hearing was strictly on assisted living with higher numbers; that it was not the same application.
Mr. McErlane recommended he look at the transcript before ruling.
Mr. DelBello asked that photos dated October 18, 2004 be marked as Exhibits M1-M6 and called Mr. Michael Main as a witness.
Mr. McErlane marked Exhibit D1 (Mr. Drum’s documents) as the Character of Neighborhood.
Other than with respect to Mr. Yulish and his testimony of 2003, all parties agreed upon the record of evidence and the hearing was closed.
Thirty days from tonight was announced as the due date for all findings and conclusions of law to be submitted from the parties. Within 15 days thereafter rebuttal or counter statements are due. The originals of all proposed findings and conclusions should be sent to the Township Administrator, Linda Csete, with copies to Mr. McErlane and all other parties.
Mr. Ryan added that the Board then has 45 days to respond.
Mrs. Csete asked if the Board wanted to consider the parging quotes for the Mill. Mr. Kuhn said he wants Mr. Dale Frens to be on-site to make sure the parging is being applied correctly. It was agreed to hold off on the parging until Mr. Frens can be present.
Two of the three quotations for the parging work came in over $10,000, therefore, the project must either be formally bid or Township employees must be used. Mr. Rodgers suggested formally bidding the project. Mr. Kuhn said he was fine with that, but that everyone should then know the work would not be able to be done until Spring. Mr. Kuhn suggested getting Fred Pier to pack in the door frames and windows and bid the parging to be completed in the Spring.
Mr. Rodgers moved to approve a $310 change order to the CRJ contract, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn asked that this matter be placed on the November 1, 2004 agenda for discussion.
Mr. Rodgers moved to adjourn the meeting, and Mr. Hogan seconded. The meeting was adjourned at 10:24 P.M. The next business meeting is scheduled to be held on November 1, 2004, at 7:30 P.M. in Room 154 of the Great Valley Middle School.