Charlestown Township
Board of Supervisors Business Meeting
Minutes of December 19, 2005

The second business meeting for December was held December 19, 2005, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Hugh Willig, Mark P. Thompson, Esq., Surender Kohli, P.E., Linda M. Csete, Township Administrator, and those on the attached list were present.

The meeting was called to order at 7:30 P.M.


There were no announcements.

Citizen’s Forum/Non-Agenda Items

No matters were brought forward at this time.


Minutes of December 5, 2005

Mr. Rodgers moved to approve the December 5, 2005 minutes and Mr. Willig seconded. Mr. Kuhn called for discussion, and noted a correction to be made to page 3, paragraph 3, first sentence, which should read “Mr. Philips asked…” instead of “Mr. Orlow asked…” Mr. Kuhn called the vote. All were in favor.

Accounts Payable Reports – December 19, 2005 – Operating Funds

Mr. Willig moved to approve the December 19, 2005 Operating Fund Accounts Payable report, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Accounts Payable Reports – December 19, 2005 –Open Space Funds

Mr. Willig moved to approve the December 19, 2005 Open Space Fund Accounts Payable report, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

PPL Interstate Energy Company

Bill Hatchett of PPL Interstate Energy Company presented information to the Board on a proposed underground anode bed and rectifier that will enhance their existing oil pipeline’s cathodic protection system by preventing corrosion of the pipe. Cathodic protection is applied current to the pipeline using rectifiers, which change alternating current to direct current. The pipeline traverses Charlestown Township. The site they selected as suitable for this upgrade is located along the Township’s Brightside Farm property on Yellow Springs Road, and would require the acquisition of additional right of way. The dimensions of the right of way are 300 feet by 25 feet, and would be placed perpendicular to the existing PPL right of way and would parallel Yellow Springs Road. They offer $2,500 for the right of way. The installation would include a pole mounted with a solar panel on the existing right of way, and 10 canisters placed ten feet underground in the newly acquired right of way.The pipeline carries #6 oil and #2 diesel home heating oil. Mr. Rodgers asked if the pipeline would ever carry natural gas, and Mr. Hatchett responded this is extremely unlikely due to the complexity of conversion.

Mr. Kuhn asked why this site was selected, and Mr. Hatchett answered that their corrosion technician advised it. The equipment could go anywhere in the area but they saw this location in open space, with adequate sunlight, and at the edge of the road and selected it as suitable.

Mr. Willig asked if the ground above the equipment can still be cultivated, and Mr. Hatchett said yes, as the cables are deep enough that they would not be disturbed. Mr. Willig asked how often periodic maintenance must be done, and Mr. Hatchett said every 10-15 years. An auger would be used, and it doesn’t cause a great deal of disturbance. Mr. Willig asked if vandalism has been an issue and Mr. Hatchett responded they haven’t had problems.

Mr. Kuhn said that Mr. Kohli, Mr. Thompson and Mr. Willig will discuss the request further and make a recommendation to the Board.


Allan A. Myers Curative Amendment

Mr. Thompson opened the hearing for Allan A. Myers. The proceedings were recorded by Tom Corcoran, Court Reporter. No testimony was given as the applicant had previously requested a continuance to a date certain in March. The hearing was continued to March 20, 2006, 7:30 P.M. at the Great Valley Middle School, room 154.

Nadwodny Conditional Use Application

Mr. Thompson opened the hearing for the Nadwodnys, and the proceedings were recorded by Tom Corcoran, Court Reporter. The following exhibits were entered into the record by Mr. Thompson:

T-1 Proof of Publication of Public Notice
T-2 Public Notice of Hearing

Catherine M. Harper Esq. represented the applicants. She entered the following exhibits:

A-1 Review letter from S. Kohli dated 12/1/05
A-2 Photograph of the front of the Nadwodny residence
A-3 Revised plan dated 12/16/05
A-4 Floor plan for house

Ms. Harper called the following witnesses to testify:

The hearing was closed and the meeting brought back to order. Mr. Willig moved to approve the conditional use application for Kim and Jim Nadwodny subject to employing Best Management Practices and Mr. Kohli’s review comments. Mr. Kuhn seconded and called for discussion. Mr. Rodgers was reluctant to approve, although Mr. Kuhn said the right to the relief requested is provided by the conditional use process. Mr. Kuhn called the vote, and all were in favor.

Old Business

Nadwodny Zoning Hearing Board Application – Overview

James Nadwodny and Kimberly Janowski, and Melissa E. Pysher and Bob Newman from Urwiler & Walter Inc. were present to provide an overview of the Nadwodnys’ zoning hearing application, which they intend to submit within the next few days. Ms. Pysher said they will seek a variance to build slightly within the side and front yard setbacks. Mr. Kuhn moved to support the variance request, and Mr. Willig seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor.

Bala Investments – Zoning Hearing Board Application – Discussion

Elizabeth Witmer, Esq. was present on behalf of the applicant, Richard Natow, and stated that there was an error on the zoning hearing board application where the request for relief from the open space requirements was shown as .03 acres instead of .3 acres. The applicant seeks a variance from ordinance sections 1504.B and 403.F.1. to allow .3 acres less than the required 150 wide open space. This will result in 5.1 acres of open space, but only 4.6 of that is conforming open space, where 4.9 acres are required. She said that the only way to meet the open space requirement would be to reposition the road through steep slopes and would also create the need for additional right of way from a neighboring property. Mr. Rodgers asked if the lots could be made slightly smaller to make up the difference. Mr. Natow said they would then have difficulty placing the septic systems and seepage beds without entering steep slopes. The Board took 10 minutes to go into executive session and reconvened the meeting at 8:33 PM. Mr. Kuhn said the Board determined it would take no position with regard to the Zoning Hearing application.

Ms. Witmer then displayed the landscaping plan for the Ashford development. It showed a compliant plan where street trees line Charlestown Road. At the Planning Commission meeting on December 10th, the Planning Commission agreed with the applicant that it would be preferable to move some of those trees to the back property line and preserve more open space views along Charlestown Road. The new access road would still be lined with trees. The Supervisors found this proposed change acceptable and Ms. Witmer said she will work with Mr. Theurkauf on revisions.

Ms. Witmer then asked if there was a possibility of bringing public water onto the site. Mr. Kuhn noted this request has been made several times, and the Board position remains the same, that they will not extend the public water franchise to this site in the FR district, which is zoned for on-site water.

Spring Lane Farms – Revised Settlement Stipulation

Richard Orlow, Esq. was present to request a revision of the settlement stipulation for Spring Lane Farms. He said after receiving direction from the Supervisors on December 5th, they have now placed all primary septic systems on their corresponding lots as required. However, they would still like to place 3 or more back up septic systems in the conservation area. They displayed a revised sketch plan, which relocates a lot from the east side of the access road to the west side, and extends lots 5 & 6 by 50 feet in order to locate their primary septic systems there. Mr. Kuhn said if the lot is moved, it would be closer to the woods and its system would be located in the woods. Mr. Willig said the applicant is trying to do too much with this lot. Mr. Dobson said that they are having difficulties locating the septic systems since the DEP changed its protocols over the summer, disallowing alternative systems such as drip irrigation unless it can be proven that the site supports either a standard or sand mound system. Mr. Kuhn said he’s not enthused about moving one of the lots into the wooded area. Mr. Willig said he’s concerned with the easement that allows back up septic systems in the open space because no matter how well buyers are informed, they will object when they see a backhoe digging up the area at some point in the future when one of those backups must be brought into service. Mr. Orlow said the backup area will be staked out and marked so the buyer will understand it is reserved for this purpose. Mr. Dobson said the easement would be written as a blanket easement to allow for any changing conditions. Mr. Kuhn asked if the conservation easement was recorded yet, and Mr. Orlow said no. Mr. Kuhn asked if the conservation holder was amenable to the septic easements and Mr. Orlow said yes, they were even okay with the previous proposal for 3 primary and 3 secondary septic sites.

Mr. Kuhn said the parcel has a lot of bad ground for septic, and that he doesn’t want to allow systems in the woods, which is not of any benefit to the Township. He was not so concerned with the 50 foot extensions. Mr. Rodgers said he was okay with the secondaries in the open space but felt that Lot 4 should be removed and that probably 2 lots should be removed. Mr. Dobson said they could eliminate the lot shown as Lot 4 on the revised sketch plan. Mr. Bullard, the prospective buyer of the large farm lot #1, suggested that the Township purchase the balance of the property to preserve.

Mr. Kuhn said that since two of the board members are absent this evening, he would like the applicant to return to the January 3, 2006 meeting to discuss this further. The applicant will submit a sketch plan to be discussed at that meeting.

Valley Forge Christian College – Use of Former “Heritage Acres” property for Student Housing

Mr. Thompson referenced his memo dated 12/13/05 to the Board of Supervisors in which he recommended that the Christian College submit an application and sketch plan detailing their proposed nonconforming use for the former convalescent home property, “Heritage Acres”. Section 1700.C of the Zoning Ordinance allows a lawful nonconforming use to be changed to another nonconforming use of the same classification. The Board may wish to consider a dormitory in the same classification as a convalescent homes since they both involve people living in a residential setting. This would be determined by the Zoning Officer after reviewing the application and information provided. Mr. Kohli said the use must be a similar nonconforming use, be brought to code, meet parking and impervious surface coverage requirements, etc. Mr. Willig said if the College has an immediate need for housing, this may not work out because it would take more than a year to bring the house up to code. He still sees crossing Coldstream Road to be a major problem.

Mike Sova introduced himself as also being interested in the property to subdivide and build a home on the rear lot, sell it, and use the proceeds to fund a conversion of the existing house for student housing. Mr. Kuhn said rental use is not a residential use.

Mr. Thompson will contact Mr. Werkheiser at the Christian College and inform him if they want to pursue the question of whether their proposal is permitted to submit a sketch plan for review by the Zoning Officer.

New Business

Logo and Signage

The Secretary stated that she has been speaking with other municipalities to get recommendations of a graphics consultant to develop uniform signage and a logo for the Township. She recently spoke to Gregory Blue of Chester Springs, who was recommended by more than one municipality and designed the signs for Malvern Borough and the Paoli Battlefield. He is willing to meet with the Township for a consultation at no charge and to put together a proposal. Mr. Kuhn suggested setting up an executive session prior to one of the upcoming meetings so the Board can meet with him and get started.

Charlestown Meadows – Toll Brothers Escrow Releases

Mr. Rodgers moved to approve the following escrow releases for Toll Brothers:

Escrow Release #1, Phase 3 in the amount of $180,108.00
Escrow Release #3, Phase 2 in the amount of $194,679.02
Escrow Release #5, Phase 1 in the amount of $96,586.26

Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.


The meeting was adjourned at 9:30 P.M. The next meeting is scheduled for January 3, 2006, 7:30 P.M. in Room 154 of the Great Valley Middle School.

Respectfully submitted,

Linda M. Csete, Township Secretary