CHESTER COUNTY, PENNSYLVANIA
MARCH 15, 1993
Move to approve the application of D. Charles Merriwether for preliminary subdivision and conditional
use approval, subject to the following conditions:
- The applicant shall prepare and submit to Charlestown Township a final subdivision plan for the subject property
in conformance with all applicable statutes, ordinances and regulations of the Township and all agencies having jurisdiction
over any aspect of the proposed subdivision.
- The areas on the preliminary plan marked conditional use approval envelope shall be redesignated “limits of tree
removal and steep slope disturbance area.” Further, the limit area line shall be revised on Lots 5 and 6 in accordance
with the sketch plan as provided by the Township Engineer. The depiction of the limit area shall not increase the
size of the building envelope required by the Township Zoning Ordinance.
- Conditional use approval requested for Lots 2, 3, 5, 6, 7, 9 and 10 as depicted on the preliminary plan is limited
to and only granted for the construction of the following structures:
- Single family dwellings.
- Detached garage for a maximum of four cars with a footprint no larger than 1,000 square feet.
- In-ground swimming pool.
- On-site sewer systems.
No other structure shall be constructed in the area marked “limits of tree removal and steep slope disturbance
area.” No trees or other vegetation shall be removed or destroyed outside the tree removal/disturbance areas.
- The number and location of driveway openings along Merlin Road and Wells Road shall be limited to those which
are shown on the preliminary plan, last revised 10/12/92. The access drive and principal building on each individual
lot shall be located in the same general location as shown on the preliminary plan.
- The maximum steep slope disturbance on Lots 2, 3, 4, 5, 6, 7, 9 and 10 for construction of the structures/uses
set forth in Paragraph 3 above shall be limited to the following area:
- To the extent feasible as determined by the Township Engineer, the construction of retaining walls on individual
lots shall be utilized in order to minimize the grading of steep slopes and removal of trees.
- As requested by the Township, and as agreed by the applicant, the Lots shown on the preliminary plan except for
Lot 11 shall not be further subdivided. This restriction shall be noted on the plan and on each of the deeds conveying
the Lots, the property or any part thereof to future owners.
- As requested by the Township, and as agreed by the applicant, the following architectural standards shall be applied
to the principal dwelling structure and all accessory structures constructed on all of the Lots. General Note No.15
appearing on sheet 1 of 14 of the preliminary plan shall be revised to be in accordance with this condition, the final
wording of said Note to be approved by the Township on final plan approval.
The exterior building treatment will be limited to no more than any four (4) of those listed in Note No.15 per
The roofing materials will be limited to cedar, asphalt shingles, standing seam metal and slate blend (variegated).
The primary ridge line of the single family dwelling shall be substantially parallel to the existing contours on
each of the lots.
The predominant roof pitch will equal eight in twelve or greater but no greater than twelve in twelve. These architectural
standards shall be incorporated in a declaration of restrictive covenants to be recorded against the property, as
well as appearing in a note on the plan as set forth above.
- The final plan shall be in compliance with the memorandum dated December 1, 1992 from the Township Land Planner,
Thomas Comitta Associates, Inc. Without limiting the foregoing, the applicant has performed an Environmental Impact
Assessment and physically inventoried all trees on the property of 12 inch caliper or greater at breast height as
required by the applicable Township ordinances. The applicant has also agreed, at the request of the Township, to
replace trees to be removed with trees of caliper greater than the three (3”) inch minimum in order to reduce the
visual impact of and compliment the proposed new dwellings on the existing property. Further, the trees along Wells
Road shall be conserved and no tree removal shall be undertaken without prior Township approval (except for trees
shown on the Preliminary Plan to be removed).
- The applicant shall be bound by and comply with all representations, testimony, plans and exhibits presented to
the Board of Supervisors as part of the applications and during the hearings on these matters.
- The Township Solicitor shall prepare a written decision consistent with this Motion and as approved by the Board
of Supervisors and communicate it to the applicant on or before March 15, 1993.
Due to a severe snow storm, the March 15, 1993 Board of Supervisors’ meeting was cancelled.
Ruth W. Buckwalter