Charlestown Township
Board of Supervisors Business Meeting
Minutes of June 19, 2006

The second business meeting for June was held June 19, 2006 at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Michael Rodgers, Vice Chairman, Paul Hogan, Charlie Philips, Mark P. Thompson, Esq., Gary Bender, Esq., Surender S. Kohli, P.E., Tom Comitta, Linda M. Csete, Township Administrator, and those on the attached list were present.

The meeting was called to order at 7:32 P.M.

Announcements - none

Citizen’s Forum/Non-Agenda Items

No matters were brought forward at this time.

Approvals

Minutes of June 5, 2006 – Business Meeting

Mr. Rodgers moved to approve the June 5, 2006 Business Meeting minutes and Mr. Philips seconded. Mr. Kuhn called for discussion. Mr. Philips asked that it be reflected in the minutes on page 8, first paragraph, that both he and Mr. Willig indicated that there was no formal commitment on the part of the Board to purchase development rights on the Desfor property. Mr. Kuhn called the vote and all were in favor.

New Business

Zoning Hearing Board Overview

Jamie Reed was present on behalf of Mr. and Mrs. Ungvary to present an overview of their zoning hearing board application to permit an addition within the side yard setback abutting the PA Turnpike. Mr. Reed said the location of the addition was placed in order to create a courtyard by turning the “L” shaped house into a “U”. The location was best suited to the overall look of the house and utility of the addition, which would be a family room with a cathedral ceiling. The location was the most sensible place to put the addition for budget reasons as well. Mr. Hogan said he was very familiar with the house and had no objection to the variance. Mr. Philips cautioned Mr. Reed that a zoning hearing board applicant must prove a hardship, and this application may not qualify. Mr. Kuhn asked how many feet of relief from the setback are needed, and Mr. Reed said 19 feet. Mr. Rodgers moved for the Board to take a neutral position toward the application, and Mr. Philips seconded. Mr. Kuhn asked the solicitor if financial hardship can be considered a hardship to justify a variance, and Mr. Thompson responded, in some cases. Mr. Kuhn called the vote. Mr. Philips and Mr. Rodgers were in favor. Mr. Kuhn and Mr. Hogan were opposed.

Open Road Bids

The following bids for road labor, equipment and materials were opened and read aloud:

Road Labor & Equipment
1. Melchiorre Construction Company $ 384,000.00  
Bituminous Materials
1. Glasgow Inc. $ 23,340.00 – FOB Plant
    26,260.00 – delivered
2. Highway Materials $ 87,650.00 – FOB Plant
    98,150.00 – delivered
3. Independence Construction Materials $ 81,195.00 – FOB Plant
    89,301.00 – delivered
Stone Materials
1. Glasgow Inc. $ 6,572.50 – FOB Plant
    8,597.00 – delivered
2. Highway Materials no bid  
3. Independence Construction Materials $ 6,645.00 – FOB Plant
    8,740.75 – delivered

The documents were turned over to Mr. Kohli for review and recommendation.

Option to Bind Terrorism Insurance

The Secretary referenced the township’s current insurance program that provides an option to bind coverage for terrorism for an additional premium of approximately $450.00 per year. A form must be signed noting either acceptance or rejection of this coverage. Last year the Board rejected coverage and the Secretary asked what the Board wishes to do for the July 2006 – June 2007 coverage period. Mr. Philips moved to reject terrorism coverage, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Toll Brothers Escrow Release #2, Phase III

Mr. Hogan moved to approve escrow Release #2 for Phase III of Toll Brothers’ Charlestown Meadows project in the amount of $80,620.90 and Mr. Rodgers seconded. Mr. Kuhn called for 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 and the proceedings were recorded by Tom Corcoran, court reporter. No testimony was given. The hearing was continued to July 10, 2006, 7:30 P.M.

Frank and Tina Daly Conditional Use Application

Mr. Thompson opened the hearing for the Daly conditional use application and the proceedings were recorded by Tom Corcoran, court reporter. No testimony was given. The hearing was continued to July 10, 2006, 7:30 P.M.

Allan A. Myers Curative Amendment

Mr. Thompson opened the hearing for the Allan A. Myers curative amendment application and the proceedings were recorded by Tom Corcoran, court reporter. No testimony was given. The hearing was continued to July 10, 2006, 7:30 P.M.

Bala Investments Conditional Use Application

Mr. Thompson opened the hearing for the Bala Investments conditional use application and the proceedings were recorded by Tom Corcoran, court reporter.

The following items were entered into the record by the Township:

• T-1 Public Notice advertising hearing
• T-2 Proof of Publication of legal advertisement
• T-3 Review letter dated 5/25/06 from Mr. Kohli

The following items were entered into the record by the Applicant:

• A-1 3/26/06 Application for Conditional Use by Bala Investments Inc.
• A-2 Printout of real estate tax record to determine property owners within 250 feet of subject property
• A-3 Certified Mail Receipts for notification to property owners
• A-4 Letter dated 6/19/06 from E. Witmer to S. O’Neil outlining agreemen reached between Bala Investments and Mr. & Mrs. David Capetola relative to the woodland buffer between the two properties.
• A-5 Plan dated 6/12/06, sheet 5 of 12 entitled Conservation Plan
• A-6 Review Memorandum dated 5/31/06 from Thomas Comitta Associates

The following witness gave testimony:

The hearing was closed. Mr. Philips moved to approve the conditional use application for Bala Investments Inc. with the woodland buffer agreement letter (A-4) incorporated into the decision as one of the conditions of approval, subject to Mr. Thompson’s review of the letter. Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Robal Associates – Curative Amendment

Mr. Rodgers moved to appoint Gary Bender, Esq. to represent the Township on this matter. Mr. Hogan seconded. Mr. Kuhn called the vote and all were in favor.

Mr. Thompson opened the hearing for the Robal Associates curative amendment application and the proceedings were recorded by Tom Corcoran, court reporter.

Mr. Thompson asked if anyone present wished to become a party to the proceedings and the following individual was accepted as a party:

The following items were entered into the record by the Township:

• T-1 Public Notice advertising hearing
• T-2 Proof of Publication of legal advertisement
• T-3 Charlestown Township Zoning Ordinance

The following items were entered into the record by the Applicant:

• A-1 Petition for Curative Amendment
• A-2 Proposed Ordinance
• A-3 Proposed Plan
• A-4 Satellite photos of the subject area
• A-5 Satellite photos of the areas adjacent to the subject area
• A-6 Aqua Pa Letter
• A-7 Valley Forge Sewer Authority Letter

The following witnesses gave testimony:

The hearing was continued to August 21, 2006, 7:30 P.M.

Robal Associates – Conditional Use

Mr. Thompson opened the hearing for the Robal Associates conditional use application and the proceedings were recorded by Tom Corcoran, court reporter.

The following items were entered into the record by the Township

• PC-8 Review Memorandum dated 4/11/06 from Thomas Comitta Assoc.

The following items were entered into the record by Mr. Connolly:

• MC-1 Open Space, Recreation and Environmental Resources Plan dated

The following witness gave testimony:

The hearing was continued to August 21, 2006, 7:30 P.M.

Other Business - none

Adjournment

Mr. Hogan moved to adjourn the meeting, and Mr. Rodgers seconded. All were in favor. The meeting was adjourned at 10:33 P.M. The next meeting is scheduled for July 10, 2006, 7:30 P.M. in Room 154 of the Great Valley Middle School.

Respectfully submitted,


Linda M. Csete
Township Secretary