Charlestown Township
Board of Supervisors Business Meeting
Minutes of August 7, 2006

The first business meeting for August was held August 7, 2006 at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Michael Rodgers, Vice Chairman, Paul Hogan, Charlie Philips, Hugh Willig, Mark Thompson, Esq., Surender S. Kohli, P.E., Linda M. Csete, Township Administrator, and those on the attached list were present.

The meeting was called to order at 7:41 P.M.

Announcements

Mr. Kuhn announced that an executive session was held at 6:30 this evening in Room 154 of the Great Valley Middle School to discuss legal, personnel and real estate matters.

Mr. Kuhn announced the passing of Frank Clancy, a long time resident who had served on the Board of Directors for Charlestown Hunt who will be missed.

Citizenís Forum/Non-Agenda Items

Jennifer Mitchell, a resident of Charlestown Oaks at 231 Yorktown Court, stated that she purchased her townhome in January 2005 as the last unit in Sal Lapisís Phase II. The tot lots and other aspects of the common areas were still under construction at the time, and she anticipated that 33 trees would be planted in areas outside her unit as indicated in the approved plan. She circulated photographs to the Board to show that the area hasnít been planted and is impacting her homeís resale value. She said Sal Lapio Inc. has received their final escrow release payment and is unresponsive to her calls as a result. She has also spoken to the Homeowners Association property manager, who has likewise been unresponsive. She said on Friday, Mr. Kohli arranged for the builder to plant five trees in the area but she wasnít satisfied with only five. She said if the remaining trees arenít planted, the builder should reimburse the HOA for their value.

Mr. Kuhn said his understanding is that part of the area contains a sewer easement as well as a storm sewer easement, where no planting is permitted. Because of this, and in consideration of the numerous complaints the Township received from Charlestown Oaks residents that there were actually too many trees planted, they allowed a change in the plans to reduce the number of trees. The builder reimbursed the township $11,250, which was the value of the trees that would not be planted in the easement areas. The Township in turn, forwarded those funds to the HOA at their request to be used for supplemental landscaping in the development.

Ms. Mitchell said she requested a revised landscape plan from Ed Theurkauf but was told none was produced. Mr. Kohli said that the landscaping changes were made in the field, as is the norm. The Township has latitude on working out changes of this nature with the developer. He said the HOA was aware of the changes, and was involved with revisions to the path system. Mr. Kuhn said the Township worked out the changes with the HOA, and said Ms. Mitchell should go to them. Mr. Willig added that itís still the developerís responsibility as well. Mr. Kuhn asked Ms. Mitchell to have Jay Cavalcanto of the HOA call him, and heíll get more information after speaking with Mr. Cavalcanto and Ed Theurkauf on any options.

Approvals

Minutes of July 10, 2006

Mr. Rodgers moved to approve the July 10, 2006 minutes and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Treasurerís Report Ė July 1 - 31, 2006

Mr. Philips moved to approve the July Treasurerís Report and Mr. Rodgers seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report Ė Operating Fund August 7, 2006

Mr. Hogan moved to approve the August 7, 2006 Operating Fund Accounts Payable report and Mr. Rodgers seconded. Mr. Kuhn called for discussion. He asked about the charge from Millers Welding, which Mr. Alston said was for two non-standard size inlet covers for two inlets that were rebuilt on Maryhill Road. Mr. Kuhn called the vote, and all were in favor.

Accounts Payable Report Ė Open Space Fund August 7, 2006

Mr. Hogan moved to approve the August 7, 2006 Open Space Fund Accounts Payable report, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Reports

Mr. Rodgers moved to accept the monthly reports as submitted, and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote, and all were in favor.

Mr. Philips said he still needs to draft a letter to J. Loew & Associates requesting a historical resources inventory of the buildings at Spring Oaks after getting details on what is to be included from Dale Frens.

Mr. Philips asked for the status of the trail at Brightside Farm. Ms. Gerhard said she would have a report for the September meeting.

With regard to the proposed paving work for 2006, Mr. Kuhn asked why it wasnít started by May or June. Mr. Alston said he prefers paving in late summer to early fall, when temperatures and weather conditions produce a better result. Mr. Philips said heíd like to see paving done prior to the school year starting. Mr. Alston said most work is done outside of school bus hours and one lane is always open for traffic. The Board reviewed the five roads listed on the paving plan for 2006, which include Union Hill Road, Raven Hill Road, Pickering Road and the Pickering Spur, and Lincoln Road.

Mr. Kuhn clarified that Pickering Road would not be widened during paving, as he doesnít want to encourage traffic and speeding on this rural road. Mr. Alston clarified that he is just planning for un-paved shoulder repair. At present, the road isnít wide enough in some areas for two cars to pass, and the shoulders drop off as to create an unsafe condition. Mr. Kuhn said this was acceptable as long as the shoulders arenít expanded and paved at a later time.

Mr. Kuhn asked if Mr. Alston had prioritized the list, and Mr. Alston said all the roads are in the same area of the township and he had planned to do all five. Raven Hill Road needed some inlet work, which has now been completed. Mr. Kuhn asked which part of Union Hill Road is to be done, and Mr. Alston said the area from the top of the Markley property to Whitehorse Road, as this section is badly deteriorated.

Mr. Kuhn said Union Hill Road should be done first, since it has the most traffic. Mr. Willig agreed it should be done before school starts. Mr. Philips said Raven Hill Road should be second.

Mr. Kuhn asked about Lincoln Road, which extends from Pickering Road and leads out of the township, with just one house in Charlestown on it. Mr. Alston said the road is in bad condition, and is a through road to Merlin Road.

Mr. Kuhn asked if the costs provided by Melchiorre Construction Company were not-to-exceed figures. Mr. Alston said no, they are estimates. Mr. Willig suggested deciding on the remaining three roads after the first two are paved to see how the costs come in. Mr. Kuhn agreed that the other roads should only be done if it was within the budget.

Mr. Rodgers moved to approve the paving work proposed for Union Hill Road and Raven Hill Road, with the remaining roads to be considered only after the costs for the first two roads come in. Mr. Philips seconded. Mr. Kuhn called for further discussion, and there being none, called the vote. All were in favor.

Hearings

Robert M. Joos Conditional Use Application

Mr. Thompson opened the hearing for the Robert Joos conditional use application. There was no court reporter in attendance as no testimony was given. The hearing was continued to September 18, 2006, 7:30 P.M.

Allan A. Myers Curative Amendment

Mr. Thompson opened the hearing for the Allan A. Myers Curative Amendment application. There was no court reporter in attendance as no testimony was given. The hearing was continued to September 18, 2006, 7:30 P.M.

Giuliani Conditional Use Application

Mr. Thompson opened the hearing for the Giuliani conditional use application. There was no court reporter in attendance. Mr. Thompson marked the following exhibits:

ē T-1 Public Notice
ē T-2 Proof of Publication to the Daily Local News

No testimony was given as the applicants had requested a continuance. The hearing was continued to September 18, 2006, 7:30 P.M.

Old Business

Award Road Bids

Mr. Alston confirmed that the question on the quality of materials from the low bidder had been resolved. Mr. Rodgers moved to award the July 1, 2006 Ė June 30, 2007 bituminous materials contract to Independence Construction Materials, and Mr. Philips seconded. Mr. Kuhn called the vote, and all were in favor.

Horseshoe Trail in PennDOT Right of Way Ė tabled

New Business

Zoning Hearing Board Overview Ė Brett and Maria Kreiter

Brett and Maria Kreiter, 2119 Conestoga Road, were present to provide an overview of their Zoning Hearing Board Application. Mrs. Kreiter explained they seek a variance to permit the construction of a bedroom and bathroom addition onto their home. The home is a legal non-conforming building which will require relief from the front yard setback requirements, and to permit expansion of a non-conforming structure. Mr. Kohli said the house is presently 34 feet from the Conestoga Road right of way, and with the addition, it will be 26 feet away. Mr. Krieter said the addition is 16í x 16í, and the house is presently 1,200 square feet. Mr. Philips asked if the house is listed on the historic resources map and whether they are required to get approval from the HARB. Mr. Kreiter said it is listed on the map as a historic resource. Mr. Kohli confirmed that they donít need HARB approval for an addition. Mr. Willig noted that the proposed location for the addition is the logical place for it. Mr. Kuhn and Mr. Hogan looked favorably on the application, and the other members were neutral. The Board took a neutral position toward the application, which will now go to the Zoning Hearing Board.

PA Turnpike Slip Ramps Ė STV Inc. Request for Waivers from Stormwater Management Ordinance

James D. Toth, P.E. introduced himself as the Project Manager from STV Incorporated, the company designing the Slip Ramp E-Z Pass Interchange. He also introduced Don Steele of the Turnpike Commission, who took over Walt Greenís position in the regional King of Prussia office, and Brian Miller, of STV Inc. The PA Turnpike Commission is seeking waivers from the Stormwater Management Ordinance in response to a review letter dated May 10, 2006 from Mr. Kohli.

Mr. Toth said the slip ramp would be constructed between the Spring of 2007 and Fall of 2008. He provided an outline of the waivers being requested as follows:

  1. Waiver to allow the use of the Rational Method for stormwater basin design. The Township Ordinance requires that the NRCS Soil Cover Complex Method be used instead.
  2. Waiver to allow the use of the 10 year flow rate to design longitudinal storm sewer pipes rather than the 25 year flow rate in the ordinance.
  3. Waiver to not provide an overflow system providing that the overflow from the 10 year to the 100 year storm events will stay within the PTC/PennDOT right-of-way instead of providing an overflow system to carry 100 year storm event to the basins
  4. Waiver to not provide storm sewer profiles but instead provide comparable information.

The Supervisors addressed the waivers in order.

Waiver #1 Mr. Miller said that the method they want to employ is a different procedure for estimating the flow rate of water to the stormwater basin and watershed. Mr. Philips asked why they donít follow Charlestownís ordinance. Mr. Miller said the Turnpike Commission uses PennDOTís specifications in order to remain consistent for design standards along the length of the turnpike. In this situation, the slip ramp will be located in three townships. Mr. Philips said heís not in favor of granting waivers from the townshipís ordinance. Mr. Willig said Charlestown is not in favor of the slip ramp and asked what granting the waivers would do for the Township other than to facilitate the slip ramp. Mr. Kuhn asked if these waivers were requested of Tredyffrin Township. Mr. Steele didnít answer, but said East Whiteland Township granted all four requests, which were the same waivers requested here. Mr. Philips reiterated heís not interested in granting waivers from the Townshipís stormwater ordinance. Mr. Kuhn said that considering the ongoing runoff issues with the Turnpike, heís likewise resistant. He referenced issues with Trout Unlimited, and Mr. Toth said the PTC is getting their input for their NPDES permit with the DEP. Mr. Willig asked if Trout Unlimited has addressed these waivers, and Mr. Toth said no. Mr. Miller said Trout Unlimited is primarily concerned with infiltration and runoff as it relates to the NPDES permit. They donít want an increase in the volume of runoff leaving the site. He said there are permeability issues that may not make infiltration possible, in which case more basins will be needed. He said the waivers requested this evening relate more to storm system design, not stormwater management.
Waiver #2 Mr. Kuhn asked what will happen in a 25-year storm. Mr. Toth said in that case water would flood the roadway. Mr. Miller said the DEP wants more water collected through the stormwater system. The ramps will be curbed on the south sides and southern lanes to force water into the storm system. Mr. Philips said why the Township should go for less than 25 years. Mr. Toth said in their opinion the change doesnít have any impact. The waiver being requested is a matter of economics. Mr. Kuhn asked wouldnít velocity be impacted? Mr. Miller said yes, at a certain point the curb will be breached, but he canít tell if thatís at the 20 year or 30 year storm point. The pipe would be designed for a ten year storm. Then the shoulders are built up, and then it goes up the curb. Mr. Rodgers asked if the stormwater basin being proposed was similar to the one at the Downingtown interchange, and Mr. Miller said heís not familiar with it. He said there will be four small basins that contain wetland plantings. Mr. Philips asked for the basin locations, and Mr. Toth said one is in Charlestown and three are in East Whiteland. Mr. Rodgers asked if they can design a rechargeable basin. Mr. Miller said if the soils permit it, they are required to do so. More permeability tests need to be done. If the soils donít permit it, they will subsidize it with alternate dispersal by increasing the amount of wetland plantings. In response to a question from Mr. Steele, Mr. Miller said stormwater management will improve in the area due to the construction of the two southern ramps, which will have stormwater collection channels to the basins and a culvert under Yellow Springs Road. Mr. Hogan asked if they are involved in the turnpike widening west of the proposed slip ramp, and Mr. Toth said no, just to the east. Ms. Gerhard asked what standards are being used in Tredyffrin Township presently, a 10 or 25 year storm rate. Mr. Miller said ten year storm. Ms. Gerhard said she attended one of the Turnpike meetings several months ago, where Tredyffrin residents had flooding complaints. Mr. Toth said the 10 year requirements were changed after Hurricane Agnes. The Tredyffrin design is pre-Agnes. Ms. Gerhard said, but itís still not the same as designing for 25 years. Mr. Steele said Tredyffrin complaints only started five years ago, leading them to think there was an outside cause. Ms. Gerhard said the DEP and State have put in stricter stormwater management regulations recently. She asked what their position is on these waiver requests. Mr. Miller said they have no say with regard to the waivers. Their standards speak to the volume of water that leaves the site. They donít address pipe size. Ms. Gerhard asked if the Green Valleys Association has been involved, and Mr. Steele said only during the DEPís open comment period. He said they are now working with the DEP to address their comments. Mr. Miller said there were no specific comments from these organizations on pipe sizes. Their concern is only that the water is controlled before it leaves.
Waiver #3 Mr. Philips said the township ordinance requires that an overflow system be provided to keep all water from a 100 year storm on Turnpike property. Mr. Toth said their position on waivers 2 and 3 are that they donít impact the Township. Mr. Thompson said that the Turnpike Commission provided a guarantee to East Whiteland there would be no excess water leaving the site. Mr. Miller said it would be the same case here, and Mr. Toth added, they would use the same wording. Mr. Philips asked what remedy the township has if water does leave the site. Mr. Thompson said itís hard to prove it left the site, and difficult and costly to enforce the ordinance. Mr. Steele asked, wouldnít the DEP enforce it too, and Mr. Kohli said no, just the water quality issues.

Mr. Philips moved to deny all four waiver requests and Mr. Rodgers seconded. Mr. Miller asked to be heard on waiver request #4.

Waiver #4 Mr. Miller referred to this as a plans presentation item. They prefer to show a cross-section format rather than profiles. Mr. Kohli said this would be acceptable.

Mr. Philips amended his motion to deny waiver requests #1 through #3 and grant #4. Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Frank Piliero Ė Preliminary/Final Plan

Stacey Fuller, Esq., Frank A. Piliero and Bob Plucienik, P.E. were present to discuss Mr. Pilieroís plan last revised 8/4/06 for a five lot subdivision for his 39 +/- acre property at Green Lane and Valley Hill Roads. An easement for the Horseshoe Trail and a conservation easement on Lot #1 are proposed as part of the plan.

Mr. Plucienik said they revised the plan in accordance with all items in Mr. Kohliís review letter dated July 5, 2006. He noted that several waivers are requested from the stormwater management ordinance as listed in item #9 of Mr. Kohliís letter. Ms. Fuller added that Mr. Kohli supported the waiver requests in his letter.

Ms. Fuller said the Horseshoe Trail easement was decreased from twenty feet to ten feet per Mr. Kuhnís suggestion. The easement abuts another ten foot easement on the adjacent Burgoon property, so the additional width was unnecessary.

Mr. Rodgers moved to approve the Frank Piliero Preliminary/Final Plan last revised 8/4/06, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. The Board members expressed appreciation to Mr. Piliero for his conservation planning efforts and for providing the trail easement.

Daly Conditional Use Decision

Mark Thompson summarized the conditions of the conditional use decision approving the application for Frank and Tina Daly. Mr. Philips moved to approve the conditional use application, and Mr. Kuhn seconded. Mr. Kuhn called for discussion, and there being none called the vote. Four were in favor. Mr. Hogan abstained.

Schedule Hearing to Amend Article XI of the Zoning Ordinance for Floodplain regulations

Mr. Thompson explained that the ordinance amendment will contain standard language to update the ordinance to reference the Uniform Construction Code, to reference the revised FEMA floodplain maps and to take care of various small Ďhousekeepingí matters. The hearing was scheduled for September 18, 2006, 7:30 P.M. at the Great Valley Middle School.

Schedule Hearing to Amend Article XVII of the Zoning Ordinance for Non-Conforming Structures

Mr. Thompson said the amendment proposes to add a limit to the amount of interior expansion permitted for a non-conforming use. Mr. Thompson noted that by law, some expansion must be permitted. The percentage proposed in his draft ordinance is 25%, and that expansion must be granted by special exception from the Zoning Hearing Board. He confirmed that the Board was in agreement with the proposed percentage, and Mr. Kuhn and Mr. Philips responded that it was reasonable.

Mr. Kuhn asked if there were any circumstances under which a request for expansion could be denied. Mr. Thompson said yes, if it didnít meet the requirements for special exception, such as posing a health, safety or welfare issue.

The hearing was scheduled for September 18, 2006, 7:30 P.M. at the Great Valley Middle School.

Schedule Altemose Curative Amendment Hearing Ė Application #2006-02

The hearing for the Leon and Carol Altemose Curative Amendment application was scheduled for September 18, 2006, 7:30 P.M. at the Great Valley Middle School.

Other Business

Open Space Conservation

Ms. Gerhard announced that Congress just passed a bill expanding the number of years over which a tax deduction for donating a conservation easement can be made. The House previously passed the bill, and the President is expected to sign.

Desfor Farm

Mr. Kuhn asked if Mr. Thompson had heard back from the Desfors following his letter informing them a building permit would be required for their proposed riding arena. Mr. Thompson said no, he believes they accepted his response.

Charlestown Woolen Mill

The Administrator expressed concern that the interior work on the Charlestown Woolen Mill had not been put out for bid yet, and the grant deadline from the Chester County Visitorís Center is October 2nd. Mr. Kuhn asked her to contact Mr. Frens for specs so the work could be advertised for public bid, with bids to be opened at the September 11th meeting.

Adjournment

The meeting was adjourned at 9:20 P.M. The next meeting is scheduled for August 21, 2006, 7:30 P.M. in Room 154 of the Great Valley Middle School.

Respectfully submitted,


Linda M. Csete
Township Secretary