Charlestown Township
Board of Supervisors Business Meeting
Minutes of October 4, 2021

The first business meeting for October was held on October 4, 2021, at the Great Valley Middle School at 255 N. Phoenixville Pike, in Malvern, PA.


Frank A. Piliero, Chairman, Susan T. Bednar, Kevin R. Kuhn, and Hugh D. Willig. Charles A. Philips, Vice Chairman, was absent.
Mark P. Thompson, Esq. and Daniel T. Wright, P.E.
Linda Csete, Manager, Lisa Gardner, Recording Secretary, Beth Martin, Assistant Secretary, and Jim Thompson, Roadmaster. Tim Hubbard, Public Safety & Property Coordinator, and Mike Allen, Staff Planner were absent.

Call to Order:

7:00 p.m.

Announcements –


Citizens Forum –

no comments were made.


Mr. Kuhn moved to approve:

  1. Minutes for the Sept. 7, 2021, Business Meeting
  2. The September 2021 Treasurer’s Report
  3. The Operating Fund Accounts Payable Report for October 4, 2021.
  4. The Capital Fund - General Projects Report for October 4, 2021
  5. The Capital Fund - Open Space Projects Payable Report for October 4, 2021.

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


Mr. Kuhn moved to accept the September 2021 reports #1-17 as submitted and Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.


PA Turnpike Commission Conditional Use Application

The proceeds were taken by Mr. Mark Hagerty, the court reporter. The applicant was present to obtain a 30’ easement for utilities (sanitary sewer, electric, natural gas, and water) that would end at Yorktown Court in Charlestown Oaks to service the proposed new Devault Maintenance Facility. The land (parcel 35-3-102) is owned by the Charlestown Oaks HOA. No one requested party status. Mr. Thompson opened the hearing and the following exhibits were noted for the record:

T-1 The Conditional Use Application
T-2 Public Notice
T-3 Proof of Publication of Public Notice
T-4 Advanced GeoServices Review letter
T-5 Engineering Report
T-6 TCA Review Letter

Michael Gill, Esq. produced the following exhibits for the Applicant:

A-1 Declaration of Taking
A-2 Conditional Use Application
A-3 Public Notice of Hearing
A-4 Affidavit of Mailing
A-5 Aerial Photograph
A-6 Aerial Photograph (with New Maintenance Facility Superimposed)
A-7 Letter from Township Zoning Officer dated October 30, 2020
A-8 Letter from Township Solicitor dated December 21, 2020
A-9 Letter from Township Solicitor dated January 20, 2021
A-10 Curriculum Vitae of C. Richard Roseberry, P.E. AICP
A-11 Utility Plans
A-12 Profile Plans
A-13 Erosion & Sedimentation Control Plan
A-14 Review Memorandum from Township Planner dated 9/9/21
A-15 Review Letter from Township Engineer dated 9/13/21
A-16 Response Letter to Township Engineer dated 9/29/21

Following testimony, the hearing was closed. The estimated start is near the end of October with a duration of 3-4 weeks depending on the cooperation of the utilities involved. Mr. Thompson stated that there will be some conditions set and a written decision will be provided within 45 days.

Old Business –


New Business

Appointment to the Planning Commission – Alternate Mr. Dan Walker to fill unexpired term ending 12/31/2022

Ms. Csete explained that a vacancy was created when Ms. Wendy Graham resigned last month due to moving out of the Township. Residency is required to serve on the Planning Commission. Mr. Kuhn moved to appoint Alternate Mr. Daniel Walker to her unexpired term ending 12/31/2022, and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Exchange of Term appointments to the Environmental Advisory Committee

Ms. Armstrong said that Ms. Esther Estes and Ms. Sharon Richardson want to exchange terms, so Ms. Estes concludes sooner on 12/31/21 and Ms. Richardson’s continues to 12/31/22. Mr. Kuhn moved to change Ms. Estes’ term on the EAC to expire 12/31/21 and Ms. Richardson’s to end 12/31/2022. Ms. Bednar seconded. Mr. Piliero called for discussion and there being none called the vote. All were in favor.

Tinkerhill Road Access

Ms. Lani Carrow requested that the emergency access that is the field between Tinkerhill Road and Tinkerhill Lane be improved for easier passage by residents to Tinkerhill Road during flooding and other events that block their way as an emergency access. Their only other egress is Creek Road in Schuylkill Township. During the recent flooding from Hurricane Ida, Creek Road was closed in one direction, plus the bridge on Route 29 is closed. Ms. Carrow said she was concerned for herself and neighbors, including seniors, working adults, and children with a variety of medical issues and disabilities. Also, of concern are the winter conditions on Creek Road. When it freezes, a car could go into the creek. She asked if the road surface could be raised

Mr. Kuhn said the Thompson property is private and it isn’t a designated emergency road. The Township can’t make any improvements on private property. Mr. Carrow asked the Board to contact the Thompson family about purchasing an easement and maybe laying stone. Mr. Jim Thompson, the Roadmaster, was in attendance and said he would talk with his family about an easement for emergency weather. No residents want Tinkerhill Road and Tinkerhill Lane connected. The Solicitor said otherwise, the only option is for the Township to take it through condemnation.

Mr. Gary Sheridan, the president of the East Whiteland Fire Company, said they would not and could not drive an engine across that land as it would sink. The bridge being out is a key point, but he promises boats and trained swift water rescuers are always ready for the Township.

Stormwater Maintenance Agreement

Mr. Wright recommended approval of the agreement that satisfies the stormwater requirement for the addition proposed at Mr. and Mrs. William and JoAnna Dougherty’s property at 69 Hillsover Lane. They will install a vegetative swale to dissipate the stormwater. There will be yearly engineer visits and the area will remain undisturbed.

Mr. Kuhn moved to approve the Stormwater Management Facilities Maintenance agreement dated 8/30/21 for William, JoAnna, and Kara Dougherty. Mr. Willig seconded. Mr. Piliero called for discussion and there being none called the vote. All were in favor.

Zoning Hearing Board Overview – R. Smolenski, 102 Windy Hollow Dr.

Mr. and Mrs. Ronald and Jennifer Smolenski presented their application to construct a pavilion and deck within 5 +/- feet of the rear property line. This does not meet the 30-foot rear yard setback for structures and 20-foot setback for accessory structures. Mr. Smolenski said the HOA approved it and the neighbor was unbothered by the encroachment at the back corner.

The Board took a neutral position toward the request and it will proceed to the Zoning Hearing Board.

Zoning Hearing Board Overview – A. Mahalingham, 161 Sagewood Ct.

Mr. Anand Mahalingham of 161 Sagewood Drive, provided an overview of his Zoning Hearing Board Application for a variance to permit a deck extension into the open space at Charlestown Meadows from his existing deck. Mr. Wright indicated in his letter dated 9/17/21 that sufficient excess open space remains to permit the extension. The Supervisors took a neutral position toward the request and sent it on to the Zoning Hearing Board.

Ratify Lease Agreement

Mr. Thompson said that negotiations for the new office lease at 11 General Warren Blvd have been finalized and the lease agreement is now ready for the Board’s consideration.

Mr. Piliero moved to approve and execute the Lease with Tin Cup Real Estate, LLC for a portion of the commercial building located at 11 General Warren Boulevard, Malvern, PA. for 5 years with options to renew. Mr. Willig seconded. Mr. Piliero called for discussion and there being none called the vote. All were in favor.

Resolution to Amend 2021 Budget

This item was tabled.

2022 Budget Matters

Schedule Budget Work Session/Business Meeting

Mrs. Csete asked the Board to schedule the Budget Work Session for review of the draft 2022 Budget along with any business matters that arise. The Budget Meeting was scheduled for October 18, 2021 at the Township Office at 6 p.m. This is a public meeting, and the public is welcome to attend

Identify Projects from the Long-Term Plan to be included in the 2022 Budget

Mrs. Csete said she had circulated an updated long-term plan to the Board last week for them to provide input this evening on recommended projects. Updates were made for open space conservation acquisitions per input from Mr. Kuhn, and fit-out costs for the new office were added. Mr. Willig discussed allowing the architect to proceed on construction documents for the project. Therefore, acquiring a proposal will be on the Budget Meeting agenda.

Schedule Hearing for Update to Stormwater Management Ordinance

The Board scheduled a hearing to consider the adoption of revisions to the Stormwater Management Ordinance for the December 6, 2021 meeting at 7:00 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Minimum Municipal Obligation 2022 – Pension Plan

Mrs. Csete stated the Township is required to vote each year to provide for the Minimum Pension Plan Obligation in the next year’s budget. Because the plan is fully funded at this point, there will be no contribution due next year.

Ms. Bednar moved to authorize the Chairman to sign the Employee Pension Plan Minimum Municipal obligation form indicating that $0.00 is due for 2022. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

Mr. Kuhn initiated discussion on the next steps with Beyond Meat. Mr. Wright said they had a meeting and the company is moving in the right direction. The next meeting should establish some well needed detail. The report from Beyond Meat’s acoustical engineer was brief and short on detailed pertinent information, but they did agree that they are not in compliance (but to a lesser degree).

An important point was the realization that expansion won’t help the reefer truck noise. The solution lies in electric vs diesel, but PECO needs to deliver extra power to the plant. Mr. Keffer, Beyond Meat’s representative for the evening, stated that the wait for PECO was about 5 months out. The equipment needed is at least 6 months out. Electric trucks are quieter than the diesel trucks used by Beyond Meat. The previous owner used more electric storage.

Mr. Thompson said the meetings are very productive and does not want to take the Zoning Hearing Board route at this point in time. The Board felt that the ZHB avenue would stifle the progress and momentum. Mr. Wright said that at the last community center meeting, there was a very knowledgeable resident there that said the plant should set up temporary housing for the reefers.

Mr. Kuhn said the Budget Meeting agenda should contain the approval for the Rodgers easement appraisal.


Mr. Piliero adjourned the meeting at 8:45 p.m. The next Business Meetings are scheduled for Monday, October 18, 2021 at 6:00 p.m. at the Township office, and Monday, November 1, 2021, at 7:00 p.m. at the Great Valley Middle School.

Respectfully submitted,

Lisa K. Gardner
Recording Secretary