Charlestown Township
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The first business meeting for June was held June 1, 2006 at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Michael Rodgers, Vice Chairman, Paul Hogan, Charlie Philips, 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 7:32 P.M.
No matters were brought forward at this time.
Mr. Rodgers moved to approve the May 15, 2006 minutes and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none called the vote. All were in favor.
Mr. Philips moved to approve the May Treasurer’s Report and Mr. Rodgers seconded. Mr. Kuhn called for discussion. Mr. Philips asked about the $36,000 spent on street sweeping and Mr. Alston said this represented a little over a week’s worth of work. Mr. Kuhn asked if Melchiorre Construction subs this work out. Mr. Alston said yes, but it is a pass-through cost. Mr. Kuhn called the vote. All were in favor.
Mr. Philips moved to approve the June 5, 2006 Operating Fund Accounts Payable report, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none called the vote, and all were in favor.
Mr. Rodgers moved to approve the June 5, 2006 Open Space Fund Accounts Payable report, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote, and all were in favor.
Mr. Philips referred to the Budget Review Report and asked why only $6,600 has been spent on Brightside Farm maintenance when there is a budget for $46,200. He asked if there are projects to be done that are not moving forward. Mr. Kuhn said there is a prioritized list of projects, one being the roof replacement on the manure pit. Mr. Alston said he and Mrs. Coleman are working on a bid spec for this roof, estimated at $10,000-$14,000. He added that he is continuing with the window replacement project at the Farmhouse, which is making good progress.
Mr. Philips asked about setting the traffic signals on Route 29 to blink during off-hours, as has been discussed previously. Mr. Alston said he has a meeting scheduled with PennDOT officials to address the timing problems with these signals.
Mr. Philips asked if there has been a response from PennDOT on the numerous accidents at the Charlestown and Hollow Road intersection. Mr. Alston said generally speaking, the accidents were caused by excessive speed and driver inexperience. PennDOT will review the signage. Mr. Philips suggested they look into extending the road shoulders. He also noted the reduction in speed that occurred during the state police’s presence recently.
Mr. Philips moved to accept the monthly reports as submitted, and Mr. Rodgers seconded. Mr. Kuhn called for discussion and there being none, called the vote, and all were in favor.
The hearing was opened for Robal Associates and the proceedings were recorded by Tim Kurek, Court Reporter. No testimony was given. The hearing was continued to June 19, 2006, 7:30 P.M. at the Great Valley Middle School, 254 N. Phoenixville Pike, Malvern, Pa.
Bob Jones, Parks & Rec Chairman said he and Ed Theurkauf walked the property and came up with a routing plan for the proposed trail which he showed on a diagram. The diagram shows a paved parking lot off Yellow Springs Road leading to a rectangular paved trail marked in blue. A wider loop marked in red is proposed to consist of modified stone. He said the Parks & Rec Board were in agreement with the routing and surfaces for the trail but disagreed over the width, where opinions varied from six to eight feet. He estimates the cost of the trail improvements proposed to be under $100,000.
Mr. Kuhn said he prefers a narrow trail. Bob Jones referenced Mr. Merriwether’s memo of 4/3/06 that said he prefers a width of four to six feet and a reduced parking area, and proposes a change in the routing to make a straighter route to the left of the existing hedgerow in order to separate trail users from the existing farm road, which has some tractor and truck use. Mr. Jones said he has no problem with the proposed routing change. Mr. Kuhn polled the Board and they were amenable to the suggested change.
Mr. Merriwether estimates that parking for the trail at Charlestown Park averages six cars and the Brightside Trail would see less use. Mr. Philips said he sees more like six to ten cars parked for the Charlestown Park trail but noted a smaller lot could be installed at Brightside and expanded if necessary.
Mr. Willig said he’d like to understand why the different surfaces are proposed in the various locations. Mr. Jones said pavement gives people an area to walk with ease, and the location was selected to be less conspicuous by following the hedgerow. Keeping the paved portion away from the farmhouse area will minimize trail traffic there, as more users will opt for the paved area. Mr. Willig asked if the Parks & Rec Board is not encouraging the grass path areas’ use, and Mr. Jones said they would exist primarily to link to the Horseshoe Trail at the Burgoon property.
Sue Staas was concerned about water run off from a paved trail, and said she researched options including a porous asphalt material. She said this material is extremely long lived and only light equipment is needed for installation. It may occasionally need to be vacuumed to remain porous. Mr. Kuhn asked if runoff was a problem at the farm and Mr. Jones said no, and that it was minimal even at Charlestown Park. Mr. Kohli said he’d have to look at the area but doesn’t anticipate a runoff problem.
Mrs. Staas asked about considering a gravel trail such as the Natural Lands Trust trail “Binky Lee”. That trail is mowed in places and wood chipped in others, and she finds it easy to walk on. Mr. Hogan noted that engineered wood chips comply with ADA regulations. Mr. Kuhn asked about the acreage, and Mrs. Staas responded she believes it is similar to that of Brightside, under 100 acres. Mr. Jones was concerned over the high maintenance cost of grass. Mr. Philips said the trail should have an asphalt section; otherwise the trail becomes a maintenance cost issue.
Karen Davis said the Parks & Rec Board wanted to give people different levels of trails, with asphalt in the leveler sections for the easiest walking. Gravel was considered an intermediate step with other sections kept natural.
Mr. Kuhn then wished to address trail width, for which Mr. Jones suggested eight feet for the paved section and six feet for the other sections. Mr. Jones asked Mr. Kohli what width a milling machine can prepare and he answered any width, even down to two feet. Mr. Kuhn asked for Mr. Jones’ rationale for an eight foot paved trail, and he said it works at Charlestown Park very well, with people able to pass each other comfortably and no rutting along the pavement edges. Mr. Kuhn said a narrower trail would discourage vehicles. Mr. Philips said his preference is for a six foot wide paved trail and a four foot wide gravel trail. Mrs. Davis asked how wide the mowed path is presently, and Mr. Merriwether said it varies between four to six feet. Mrs. Davis said she and her husband recently walked the trail with their dogs and found it comfortable to walk side by side on the six foot sections. Mr. Rodgers preferred a wider trail, eight feet, noting that in some instances, three people might like to walk side by side. Mr. Alston noted that the paved trail at Valley Forge National Park is seven feet wide. Planning Commission member Michael Allen said he opposes all paving as inappropriate to the site, which should be maintained as a natural resource and not a recreational facility. He suggests gravel only, as it can always be paved later. Mr. Kohli noted that this can’t be done if porous paving will be used. Mr. Philips said the Brightside Farm planning group that met last year to make recommendations for the farm agreed on a paved trail to attract users.
Mrs. Staas said Charlestown Park is in an area of higher residential density and can’t be compared to the Brightside Farm. Mr. Willig agreed, saying the Park has other uses that complement its use. He agreed with Mr. Allen that there should be no paving at the Farm. He prefers a six foot gravel path with natural areas narrowing to four feet wide. He said the Board is preservation oriented and should stay conservative. Mr. Kuhn said they have to balance public use and aesthetics for the trail. Mrs. Staas said she would like to see data on whether paved trails attract more users. She feels the Brightside Trail would be used more if signage was better and the trail was publicized. Mr. Merriwether agreed, saying people don’t know there’s a trail there, and he proposes mowing the sections shown in blue and red on the diagram and putting up signage and a small gravel parking area to see if the number of visitors increases. Mr. Philips said that considering that the property was purchased partially with County funding community uses should be provided and a paved trail is the least intrusive way to do this. Mr. Merriwether sees an increase in trail users as a benefit to the Township’s efforts to preserve open space, as the more people enjoy the land the more they’ll want to support other preservation efforts.
Aliena Gerhard offered to speak to the County for their input and suggestions. Mr. Kuhn asked Mr. Jones to obtain costs on the various options and coordinate with Ms. Gerhard on specs.
Wendy McLean, Esq. was present to provide an overview of Frank and Tina Daly’s application to the Zoning Hearing Board for 1880 Pickering Road for a variance to allow the construction of a 500 foot house addition that will increase the size of the non-conforming building and encroach into the front yard setback. They will also be seeking conditional use approval for several steep slope and high ground water issues. In response to Thomas Comitta Associates’ review memo, she will add a request for a variance for a slight encroachment into very steep slopes. Mr. Philips asked if the 50% expansion is 50% of the original structure or the structure as it exists today with various additions. Ms. McLean said the exact calculation is unclear due to the history of the various improvements to the house. Mr. Kuhn asked if the root cellar will be removed, and Mr. Kohli said yes, they already received HARB approval to do so. Mr. Philips moved that the Board take a neutral position with regard to this application and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none called the vote, and all were in favor.
The Conditional Use Hearing for Frank and Tina Daly was scheduled for June 19, 2006, 7:30 P.M. at the Great Valley Middle School, 254 N. Phoenixville Pike, Malvern, Pa.
John Berg was present to provide an overview of the application for Maureen Berg to the Zoning Hearing Board for his property on Charlestown Road for a variance to allow an expansion of an existing rental use in the barn building. Mr. Berg said this property is the Hannum Farm, where the barn has had a lawfully nonconforming 2 bedroom apartment for over 50 years with about 2,000 square feet of space and including a garage. He proposes to expand the use throughout the barn by converting it to a five bedroom apartment. The property is lot #1 of his recently approved three lot subdivision.
Mr. Berg said he didn’t agree with Mr. Kohli’s determination that this expansion required a variance but agreed to seek a special exception regardless. He said the apartment takes up about 30-40% of the barn structure and though the apartment has fire protection, the vacant area does not. The new area will be brought up to code as required. He said the property consists of 12 acres and has a conservation easement held by the Natural Lands Trust that limits them to two dwellings on the property and no further subdivision. There is already sufficient parking for the house and barn apartment, and no other development is planned. Mr. Philips said he didn’t believe changing a barn into a house was aesthetically better, and fire suppression can be added to the vacant area without converting it into more dwelling space. Mr. Berg said only the windows and doors will change in the outer appearance of the barn. He said they can’t support the cost of the extensive renovations without expanded rental use and commensurate rental income.
Mr. Kuhn asked why they didn’t discuss these plans with the Planning Commission when the subdivision was under review. Mr. Berg said this wasn’t an issue for the Planning Commission and they have no jurisdiction over it. He added that he didn’t know at the time that he’d need a variance and didn’t intend to hold information back. Mr. Kohli said he asked Mr. Berg for proof that the barn had been used as an apartment and was provided with an affidavit from the Hannums. Mr. Kuhn polled the Board members, and they determined they would take a neutral position toward the application.
Mr. Kuhn said that the hearings on the Official Map ordinance were closed on May 15, 2006. No additional comments were received from the public.
Mr. Kuhn said that the Board has put a great deal of thought into the proposed Official Map amendment. He said that having listened to the residents whose properties were listed on the proposed amended map, and having given their comments consideration, he is at a point where he is inclined not to adopt the amendment. The negative side to abandoning the amendment is that the Board may lose its chance to save some of the land from development. The good that came out of the hearing process was that the supervisors had the opportunity to speak to many of the residents one on one, many of whom assured the Board they would keep an open dialog with the Township on their open space alternatives to development.
Mr. Kuhn said the current Official Map Ordinance is more stringent than the proposed amendment and will remain in place if the amendment is not adopted. For future open space projects, the Board hired Aliena Gerhard specifically to focus on preservation efforts, and the township just concluded a 72 acre easement purchase after five years of negotiations.
Mr. Philips disagreed that the amendment was not needed. If people wish to opt off the Official Map, they can sign the Right of First Refusal document that many of them requested at one of the hearings. About fifteen property owners said during the hearings they would sign, yet none have done so. Mr. Philips said the Board worked hard to listen to the residents and adjusted the ordinance in response to their concerns.
Mr. Willig said he’s come to the same conclusion as Mr. Kuhn. He said it bothered him that the Board started the process in accordance with the law but without making enough effort to communicate directly with the residents. He said the Board listened, responded, and diluted the proposed amendment but didn’t bring the people with them as they should have, failing to recognize that it was not perceived as an innocuous change. He said he wanted to notify the affected residents directly before the hearings opened but the other members didn’t support his opinion. The lack of communication created a strong disagreement between the property owners and the Board that they couldn’t overcome. He feels that to continue on this path will alienate them further at a time when they need to develop a working relationship. Mr. Willig said that as open space is acquired, the success stories will multiply and Charlestown will gain a reputation for making it happen. The Board has acquired three easements in the past 2-3 years and should build slowly on these successes. He suggests starting over, adding only those residents to the map who are willing to be placed on it. Mr. Kuhn noted that the Board still has the right to add any property to the existing Official Map under the existing Ordinance.
Mr. Hogan agreed with Mr. Kuhn and Mr. Willig, saying the board created a credibility gap and they need to try to close it to work cooperatively with landowners.
Mr. Rodgers said he remains in favor of amending the ordinance and map, having the same concerns as those voiced by Mr. Philips. The Township will lose the opportunity to talk to the property owners up front, yet those owners retain the freedom to negotiate with other parties while talking to the Township.
Mr. Kuhn said perception is everything, and forcing a dialog via the Map won’t accomplish anything at this point.
Andy Motel, Planning Commission Chairman, introduced himself and added he is also on the Open Space Commission. He said he’s come full circle and now agrees with Mr. Kuhn, Mr. Willig and Mr. Hogan. He said the township runs a risk by not adding properties to the map, but there is a far greater risk in alienating their neighbors. He used the Burgoon easement process as an example. Recently acquired, he and board members built a friendship and trust with the family over several years starting in 2001. He said the Board’s intentions were good, but that it is now reasonable that they be responsive to the people’s wishes.
Resident Debbie Hausladen said she appreciated Mr. Kuhn’s and Mr. Willig’s honest comments and agreed there is a credibility and trust issue. She suggested letting Ms. Gerhard have the opportunity to communicate to the people, and some will come around if allowed time.
Property Owner John Thompson said he gave the Right of First Refusal document to his attorney to review, and was advised not to sign. He acknowledges that at one of the hearings the residents requested such a document be provided.
Mr. Kuhn moved to reject the proposed ordinance to amend the Official Map, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. Mr. Kuhn, Mr. Willig and Mr. Hogan were in favor. Mr. Philips and Mr. Rodgers were opposed.
Mr. Thompson summarized the proposed conditional use decision for Springs Development. Mr. Philips moved to approve the conditional use decision as drafted, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Joseph Tate, Esq. of Davis, Bucco and Ardizzi and owners Michael and Carolyn Desfor were present to discuss the Desfors’ land development application for an 80 x 200 foot arena with a 36 x 80 foot attachment containing stalls, a tack room, and an observation room to allow for an educational equestrian use.
Mr. Davis addressed the question on total pasture area, which Mr. Kohli calculates has been reduced from 14.4 acres to 10.7 acres. Mr. Tate provided aerial photos of the pasture area in response to Mr. Kohli’s request. Mr. Kohli recommended the Board review this pasture reduction for acceptability, and said the Nutrient Management Plan will need revision as it was based on the higher acreage. Mr. Tate asked how Mr. Kohli calculated the area as 10.7 acres, and he responded that this is the area within the fence line depicted on the plans. Mr. Tate said as far as the area supporting 35 horses, about 80% of the activity takes place in the indoor ring, and the horses are in the pasture for exercise, not pasturing. Ms. Gerhard said the Nutrient Management Plan will be monitored by the Chester County Conservation District. Mr. Tate asked for confirmation that the Board was allowing 35 horses on the property, and Mr. Kuhn said yes.
Mr. Rodgers asked if a conservation easement would be donated, and Mr. Desfor said he’s addressed this question before, saying he’d be willing to sell development rights and consider the difference between the appraised value and amount offered by the Township to be a donation on his part. Ms. Gerhard agreed that the transaction would include a partial donation if in fact the Board opted to purchase the rights. Mr. Willig and Mr. Philips clarified that there was no formal commitment on behalf of the Board of Supervisors to purchase the development rights on the Desfor property.
Mr. Philips moved to approve the Desfor Farms Land Development Plan subject to Mr. Kohli’s review letter dated 6/2/06 and the following:
Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mrs. Csete said that an application to join the Charlestown Agricultural Security Area was received at the Township Office on May 25, 2006 from Michael Desfor for the DB Real Estate LLP property, parcel #35-3-7 at 3049 Merlin Road.
Mr. Philips moved to approve the Certificate of Appropriateness for David Thal and Hope Nichols for 670 Church Road for a two car garage to be connected to the historic home via a breezeway, and removal of an existing shed-garage. Mr. Kuhn seconded. Mr. Kuhn called for discussion. Mr. Kuhn noted that the HARB has been doing a very thorough job of working with the historic properties and their owners on these matters. He called the vote and all were in favor.
Mr. Philips moved to approve the Certificate of Appropriateness for Russell and Suzanne Naylor for 2445 Charlestown Road for rehabilitation of a historic barn, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
A representative of the Naylors commented that the township delayed this application. Mr. Philips disagreed, stating that the applicant had been unable to meet the deadline for an earlier hearing, and in fact the HARB made the final recommendation after two consecutive hearings, which is the quickest this can be done under the ordinance.
Mr. Rodgers moved to approve the request by Light-Heigel and Associates for a one year extension to 6/30/2007 for submission of a Final Land Development Plan for Devault Foods and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn said there is a question of whether a fair share analysis should be included in the draft regional comprehensive plan. Of the member municipalities, only Schuylkill Township and Charlestown Township were concerned about its inclusion. He recalled that from the beginning of the regional process about seven years ago, the Solicitor had advised against including a fair share analysis. He suggested that the Charlestown solicitors work this matter out with the solicitors for the regional commission and the other supervisors were in agreement. Mr. Kuhn asked Mr. Thompson to set up a meeting between his firm and the PRPC solicitors.
Mr. Hogan said this past weekend he and a small crew worked at the Charlestown Woolen Mill on Charlestown Road by grading and backfilling the area on the north side. Topsoil and seeding will complete this work. He said the northeast side facing the road also needs backfilling, which will require hand work.
Mr. Hogan said Dale Frens has a buyer interested in about five leftover wood beams being stored at the mill, and they will determine a price for them.
Mr. Kuhn suggested the supervisors visit the Woolen Mill site along with Dale Frens and start thinking of potential uses for the building. He asked the Secretary to circulate an email to set a time and date for the meeting.
Mrs. Csete said she has been working with Ken Moyer of the Simkiss Agency for the past several weeks on obtaining the township’s annual insurance coverage. Mr. Moyer made a concerted effort to obtain additional quotes in order to bring in the best price, and as a result, insurance costs for the next period should be very similar or slightly less than that paid last year, approximately $25,000. She noted she’s been very pleased with the support and prompt response time from Mr. Moyer. Mr. Hogan moved to authorize Mrs. Csete to bind the insurance policies for the June 11, 2006 - June 11, 2007 period, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Philips moved to authorize the Township Treasurer to prepare the June 1- 30, 2006 payroll period pay checks for June 30, 2006 in advance of the July 10, 2006 meeting as this meeting is being held a week later than usual due to the Independence Day holiday. Mr. Rodgers seconded, and all were in favor.
Due to vacation schedules and conflicts, the Board will schedule only one meeting in July, to be held July 10, 2006 at 7:30 P.M. at the Great Valley Middle School. The July 17th meeting was cancelled.
Mr. Philips suggested that the Board begin to think about financing for future open space projects over the next few years. Communications should begin with township property owners and residents now in preparation for any actions taken in the future by the Board, such as a referendum to increase taxes for open space purposes. He said that over the next 12 – 18 months, the board will have more feedback on how much grant funding is available to support their efforts so that funding needs can be better estimated. The next newsletter will contain an article on the Township’s recent successes in acquiring open space easements and application for grants. Mr. Motel offered to help write the article. Mr. Kuhn asked Ms. Gerhard to speak with the School District about the Township’s aggressive efforts to preserve open space.
Mr. Philips asked for recommendations by the Planning Commission on the following items:
Ms. Gerhard asked for the Board’s input on a figure for acquiring an easement on Alix Coleman’s 16 acre property. Mr. Kuhn asked Ms. Gerhard for her recommendation, and said the Board will schedule an executive session to discuss it further. Also, Ms. Gerhard will meet with Mr. Kohli to determine a number of potential lots for the property.
Mr. Allen asked for the status of the Jenkins subdivision, and Mr. Kuhn said the board is still waiting for the results of a PNDI hit for small whorled pogonia, which bloom in June. Results should be available within the next week to ten days.
Mr. Allen asked for the status of the Township’s contract negotiations with Verizon for cable television service. Mrs. Csete said Vince Donahue at Lamb McErlane’s office is meeting with Verizon representatives next week.
Mr. Kuhn asked whether the board needs to take action to extend the deadline for the agreement with the PRPC consultants Kise, Straw & Kolodner. Mr. Willig will look into it and report back.
Mr. Kuhn asked Mr. Kohli about the stormwater management plans provided by the Turnpike Commission for the slip ramps. Mr. Kohli said not much of it is in Charlestown, but he will respond with comments. Mr. Philips asked for verification that Howell Road will close at the turnpike bridge in Tredyffrin Township. Mr. Allen said this wasn’t part of the preliminary plans but they may have changed since then.
Mr. Motel asked for the status of the Horseshoe Trail Ordinance, which was sent to Mr. Thompson’s office for review. Mr. Thompson responded he had some issues with it and is meeting with Ms. Gerhard to discuss them on June 7th.
Mr. Kohli referred to his review letter dated May 22, 2006 with regard to the Coccia Tract in East Pikeland Township which included the following recommendations:
The Board directed the Secretary to forward a copy of Mr. Kohli’s recommendations to East Pikeland Township for their review and consideration.
The meeting was adjourned at 10:16 P.M. The next meeting is scheduled for June 19, 2006, 7:30 P.M. in Room 154 of the Great Valley Middle School.