Board of Supervisors Business Meeting Minutes - July 2, 2018

Charlestown Township
Board of Supervisors Business Meeting
Minutes of July 2, 2018

The first business meeting for July was held July 2, 2018 at the Great Valley Middle School in Room 154, 255 N. Phoenixville Pike, in Malvern, PA.

Present

Supervisors:
Frank A. Piliero, Chairman, Charles A. Philips, Vice Chairman, Kevin R. Kuhn, and Hugh D. Willig. Susan T. Bednar was absent.
Consultants:
Mark P. Thompson, Esq., Robert Dettore, and Daniel Wright, P.E.
Staff:
Linda Csete, Manager, Tim Hubbard, Property and Public Safety Coordinator, and Lisa Gardner, Recording Secretary.

Call to Order:

7:00 p.m.

Announcements

Mr. Kuhn announce the passing of Henriette Bumeder, caretaker of Swiss Pines.

Citizens Forum

Mr. and Mrs. Paul Stevens, residents of Bodine Road, were present to address the Board regarding the noise and widening of the Turnpike. Although they are not abutting neighbors, Mr. Stevens claims the noise has tripled or perhaps quadrupled over the years to house shaking levels. He referred to brake retarders as being a major culprit and noted the Turnpike’s lack of sympathy with local residents. The sound walls were denied in the past. However, the point has come, in his opinion, for this to be reassessed.

He submitted Right to Know Requests to the DEP, who in turn, gave them to the Turnpike Commission, which provided Mr. Stevens with many reasons why they would not make any improvements. He also has been in communication with watchdog groups and has Title 4 (Noise Pollution) discussion threads, which he supplied to the Board for review tonight. He requested the Board begin contacting higher authorities of the Turnpike Commission. The Board’s first step was to ask Mr. Findlay, tonight’s attending member of the EAC, if they would put this on their next agenda.

Approvals

June 4, 2018 Business Meeting Minutes

Mr. Philips moved to approve the minutes for the June 4, 2018 Business Meeting with minor edits and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Treasurer’s Report June 1 – 30, 2018

Mr. Philips moved to approve the June 2018 Treasurer’s Report and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Reports for Operating Fund for July 2, 2018

Mr. Kuhn moved to approve the General Fund Accounts Payable Report for July 2, 2018 and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report for Open Space Fund for July 2, 2018

Mr. Kuhn moved to approve the Open Space Fund Accounts Payable Report for July 2, 2018 and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

Mr. Philips asked Mr. Findlay to contact PennDOT about the herbicidal spraying along the roadsides.

Mr. Kuhn moved to accept the June 2018 reports #1-14 as submitted and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Old Business

Project Updates

Charlestown Park and South Parking Lot –
The walk through, final punch list, and project is complete. There was no further instruction by the Board regarding the proposed study for a new Township Building. The reopening of Southwest Avenue will be discussed at an on-site meeting Thursday, July 5th, with Mr. Dettore, Mr. Kuhn, Mr. Wright, and a PennDOT representative.
Swiss Pines Electrical Cut Through –
Complete
Great Valley Nature Center –
Meetings with Mr. Wilson, Mr. Kuhn, and Mr. Dettore have occurred and Mr. Wilson would like improvements before colder temperatures arrive.
Charlestown Mill –
This project is 98% complete. There are minor signage and lighting adjustments to be done.
Brightside Farm –
Path project complete.

New Business

Zoning Hearing Board Application Overview of Revised Plan for 5 Whisper Lane

Residents Hyung Joo Lee and Laurie Ann Lee were present to provide an overview of a revised Zoning Hearing Board Application. They sought support of their application from the Board, to allow construction of a swimming pool, slide, retaining wall, deck, and walkways within steep and very steep slopes at 5 Whisper Lane. There was cut and fill needed for the addition of the 4’ retaining wall. Mr. Philips was opposed to cut and fill.

Ms. Lee claimed there was a hardship since there was no other place for the pool, due to the conservation easement. The landscaper of the development stated the slope where the house was placed was manmade. Mr. Kuhn stated that there probably shouldn’t be a pool on that property.

However, tonight Ms. Lee returned with new drawings reflecting the advice given at the latest Planning Commission Meeting. Drawings portrayed revised pool placement away from the very steep slope, and property line. She was requesting a favorable recommendation for a Zoning Hearing after complying with PC suggestions.

Mr. Wright had reviewed her pool plan for his June 27th review letter, but it was not the same as what Ms. Lee brought tonight. He agreed that the pool was now in steep slope, not very steep slope, and that it was not encroaching on any setback.

Mrs. Csete stated the applicants had filed a Conditional Use for Steep Slope and a Zoning Hearing Board Application. Mr. Wright stated that with the new revision he had viewed tonight, the Lees needed a Conditional Use Hearing (reviewed and decided by the Board) but not a Zoning Board Hearing (decided by the Zoning Hearing Members). The Supervisors will wait for Mr. Wright’s review letter, of this version, before making any recommendations.

Suggestions to the applicants were to obtain a landscaping plan, stormwater plan, and make sure all neighbors were agreeable. They were reminded that most conditions come from the Planning Commission, the land planner (Mr. Comitta’s office), and the Township Engineer (Mr. Wright).

Next Steps:

  1. Mr. Wright (and Mr. Comitta) will review the latest pool placement plan.
  2. Mr. Wright will give Mrs. Csete the go ahead to schedule a Conditional Use Hearing.
  3. The hearing must be scheduled within 60 days from the Conditional Use Application. The Conditional Use Application has already been filed.
  4. The applicants will appear before the Planning Commission, with their engineer, at the August 14th meeting.
  5. The applicants should send a letter to the Zoning Hearing Board to withdraw from that hearing.
  6. The Board has 45 days from the close of the hearing to deliver a decision on the conditional use.

Thompson Sketch Plan – Discussion on request for waiver for cul-de-sac length, the easement for the Mine Road emergency access, and other proposed changes for Final Plan

Mr. Ben Thompson was present to obtain feedback on his proposed plan revisions to the Thompson Subdivision. As stated at the Planning Commission Meeting in June, he proposes lot line changes to his approved Preliminary Plan of 2013. The change is due to the family now planning to keep the golf course open/functional. Tonight, Mr. Thompson:

1st – The applicant requested the Boards’ input on whether they would support a waiver request from the maximum cul-de-sac length of 1,000 feet to 2,500 feet. Mr. Wright reminded the Members to consider the traffic on a cul-de-sac, because as it lengthens, it can serve more homes. Also, Members should consider obstructions, pull-offs, and emergency vehicle access.

2nd – The applicant asked for comments on the proposed easement for the Mine Road emergency access. He stated that the road would probably be paved and chained. The cart-way is old but provides access to the hard to reach area of the course. The golf course will plow or maintain the road until the HOA takes it over.

3rd – The applicant asked if the Solicitor would determine whether a new or revised Conditional Use Application is required, and whether he could submit it in advance of the Final Plan or if it should accompany the Final Plan. The Solicitor stated Mr. Thompson needed to submit a new Land Development Application (concurrent with a Conditional Use Application) since it is basically a new Plan.

Mr. Thompson said that the PC had asked about the lot count verses the residence count. Mr. Motel, of the Planning Commission, asked for detail on the trail path. There will be at least 3 parking spaces at the trail head. Mr. Thompson’s changes to the trail reflect a consideration for trail walkers, golfers, and danger of injury/liability. Mr. Bleecker, a neighbor to Mr. Thompson, was in favor of the newer Plan due to the layout of the trail, and how it connected the emergency access.

Mr. Thompson will move on to obtaining fully engineered plans to request a waiver.

Brightside Farm Park Driveway

Mrs. Csete discussed the project at Brightside to pave the driveway accessing the farmhouse and outbuildings. Alix had also reviewed the details and added a turn-around for the tractor. This had been budgeted for 2018. The maintenance work will be handled under the Melchiorre contract.

Appoint ASA Committee

Mrs. Csete said she spoke to Bill Andersen, David Valyo, and Carl and Sharon Fisher, who all agreed to serve on the ASA Committee for the seven-year agricultural map review due this year. There must be 3 farmers, 1 supervisor and one resident on the committee. Most individuals are eligible in multiple categories. Mr. Philips moved to appoint the following individuals to the Agricultural Security Area Committee to conduct the seven-year review:

Sharon Fisher - resident/farmer
Carl Fisher - resident/farmer
Bill Andersen - resident/farmer
Susan Bednar - supervisor
David Valyo - resident

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

Authorize Redemption or Reinvestment of CDARS Funds maturing 7/7/18

Mrs. Csete referred to her email dated 6/27/18 to the Supervisors outlining options for the approximate $1.76M invested in maturing on 7/7/18.

Mr. Philips moved to authorize the Township Manager to reinvest for a 2-year term, all CDARS funds maturing on July 7th with First Resource Bank. Mr. Piliero seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Escrow Releases – Spring Oak Phase II #6 and Phase III #6

Mr. Philips moved to approve Spring Oak Phase II, Escrow Release #6 in the amount of $46,890.30 and Phase III Escrow Release #6 in the amount of $91,227.00 and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Dispose of Records in Accordance with Records Retention Schedule

Mr. Philips moved to adopt Resolution #918-18 authorizing the disposition records as listed, and Mr. Piliero seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Other Business

Mr. Philips asked Mr. Wright to have the Ashford and Deerfield basins mown. There is also thistle growing near the post office.

Mr. Wright said he and Mr. Theurkauf have been in the process of collecting HOA documents to make sure the Township has the authority to charge HOA’s with the cost of compliance. The next step is to meet with the HOA reps. If they don’t comply within 30 days, the Township will send written notification of the cost the Township will charge the HOA to bring the violation into compliance.

Mr. Kuhn asked Mr. Thompson to review the social media policy.

Mr. Philips asked Mr. Hubbard about noise monitoring within the Township.

Adjournment

Mr. Piliero adjourned the meeting at 8:30 p.m. An executive session was held immediately following. The next meeting is scheduled for Monday, August 6, 2018, 7:00 p.m. at the Great Valley Middle School, in Room 154, 255 N. Phoenixville Pike, in Malvern, PA 19355.

Respectfully submitted,


Lisa K. Gardner
Recording Secretary