Great Valley Middle School, Room 154
255 North Phoenixville Pike, Malvern, PA
Monday, August 1, 2022


Frank A. Piliero, Chairman, Charles A. Philips, Vice Chairman, Kevin R. Kuhn, Susan T. Bednar, and Hugh D. Willig.
James McErlane, Esq. and Daniel T. Wright, P.E.
Chris Heleniak, Manager, Linda Csete, Treasurer, Tim Hubbard, Public Safety & Property Coordinator, Beth Martin, Asst. Township Secretary, Lisa Gardner, Recording Secretary, Jim Thompson, Roadmaster, and Michael Allen, Staff Planner.

Call to Order:

7:00 p.m.


  1. There was an executive session tonight for real estate and legal matters.
  2. There was an executive session on July 26th for real estate matters.
  3. The September Supervisors Meeting will be held on Tuesday, Sept. 6th due to the Labor Day holiday.
  4. The Malarkey Brothers concert is taking place tomorrow at 6:30 p.m. at the Brightside Farm adjacent to the Wisner-Rapp House and trail parking lot.

Citizens Forum

Mr. Rubenfield told Supervisors that the noise has been better (except last night). He is looking for the expansion drawings that are from Spring Oak’s viewpoint. The July noise report arrived today per Mr. Wright, and it confirmed that the rooftop noise and nitro noise complied. There were only a few yard exceedances. He said that Beyond Meat installed mitigation equipment on the production lines they are utilizing and they are not planning any further improvements. Also, Mr. Wright mentioned potentially adding ozone mitigation as a requirement in the land development process. On August 9th the Beyond Meat reps will be at the Planning Commission Meeting for review of their latest revised plan.

Mr. Piliero told Mr. Rubenfield that the Spring Oak HOA was welcome to take over the noise studies, but the Township will not be paying for any past August.


Mr. Kuhn moved to approve the reports listed below. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor. Mr. Kuhn questioned the number of false alarm calls at Beyond Meat and that Mr. Hubbard said he is preparing citations for the false alarms and management is aware of the problem.

  1. Minutes for the July 5, 2022, Business Meeting
  2. July 2022 Treasurer’s Report
  3. Accounts Payable Report - All Funds for August 1, 2022


Mr. Kuhn moved to accept the July 2022 reports #1-17 as submitted and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor. Ryan Carver from the Phoenixville Marian Youth Club (PMYC) gave an overview of their plan to replace all the lighting heads at their field with LED fixtures along with adding two new poles. Mr. Wright has reviewed the plan and indicated the LEDs will reduce spillage and the plan is otherwise acceptable. Mr. Kuhn asked about the color temperature of the LEDs. Mr. Piliero moved to approve the lighting plan subject to Mr. Wright’s confirmation that the color falls into the acceptable range, and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.


Greene-Marks Conditional Use Hearing

The proceeds were taken by Ms. Gale Fitzpatrick, court reporter. The hearing will be continued to the September 6th Board of Supervisors Meeting. Exhibit T6 was added by Mr. McErlane, it is the letter from the applicant requesting the hearing to be continued.

Malvern General Warren Owner LLC Conditional Use Application

Proceeds were taken by Ms. Gale Fitzpatrick, court reporter. Ms. Gina Gerber opened the hearing for Malvern General Warren Owner LLC, parcel #35-4-107.5 at 31 General Warren Blvd. in the NC-2 district. The applicant seeks approval for laboratory research and scientific development usage in an unoccupied one-story 19,865 sq. ft. office building. No specific tenant has been identified but half of the retrofit is expected to be laboratory and half to be office space. A waiver will be requested since there is no environmental impact for retrofitting the building’s interior.

Mr. Philips questioned the reps about hazardous waste, discharges, and permits. The tenant does not have to appear for further questioning before the Board although it can become a Condition. Ms. Bednar wants the tenant to be advised specifically of the Township requirements. Mr. Jackson (V.P. of Development and Construction) described the disclosure built into the DEP Operating Permit that covers municipal, state, and federal requirements, permits, compliance, enforcement, etc. When the occupant leaves the facility, the operating license expires, and mitigation is required.

Applicant’s Exhibits:

A-1 Conditional Use Application, Narrative and Enclosure Letter, dated May 18, 2022.
A-2 Charlestown Township Zoning Ordinance, as amended (incorporated by reference).
A-3 Deed to the Property between NPI-31 General Warren, LLC and Malvern General Warren Owner, LLC, recorded in the Office of Chester County Recorder of Deeds of October 13, 2021 in Book 10704, Page 872.
A-4 Aerial View of 31 General Warren Boulevard.
A-5 As-built Survey Plan prepared by Edward B. Walsh & Associates, Inc., dated October 25, 2000 and plotted August 13, 2019.
A-6 Existing Landscaping Plan.
A-7 Sanitary Sewer Analysis from Edward B. Walsh & Associates, Inc. dated May 31,2022.
A-8 Traffic Comparative Analysis prepared by McMahon Associates, Inc., dated April 5, 2022.
A-9 C.V. of Jamie Doran, AIA, LEED AP.
A-10 C.V. of Nicole Kline-Elsier, P.E., PTOE.

Testimony was given by Matthew G. McDevitt, Nicole Kline-Elsier, Jamie Doran, and Mark Jackson.

The hearing was closed by Mr. McErlane. A written decision will be made no later than the October 3rd Board of Supervisors Meeting.

Old Business

Office Fit-Out:

Package for Access, Security & AV

This was removed from the agenda.

New Business

Traffic Planning & Design Proposal for Design Services for Upgrade of Phoenixville Pike/Yellow Springs/Sidley Road Signal

Mr. Heleniak referred to a Professional Services Agreement submitted by Traffic Planning & Design dated July 7, 2022. It is for the design of the traffic signal upgrade at the Phoenixville Pike/Sidley Road/Yellow Springs Road intersection. The firm’s fees and expenses are estimated at $96,500.

The total project cost estimate for the design is $130,000 as provided for in the approved grant from the DCED. A meeting to coordinate with East Whiteland Township and their traffic planning firm, McMahon Associates, will be scheduled soon. The intersection is located in East Whiteland even though Charlestown holds the signal permit with PennDOT. The original signalization was required as a result of the Charlestown Oaks approval years ago.

Mr. Kuhn moved to approve the design services proposal from Traffic Planning & Design for the Phoenixville Pike/Yellow Springs/Sidley Road signal upgrade, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Authorize Offer to University of Valley Forge for Property Purchase

Mr. Kuhn said he and Solicitor Mark Thompson met with the University of Valley Forge President, Dr. David Kim, and his representative, Mr. Tom Bond, from NAI Geis Realty Group. The topic was about the university considering developing, rezoning, or selling some of their property. The university’s largest parcel consists of 26 acres with an appraised value of $1,540,000.

The other parcels are identified as Parcel A and B. Parcel A is a four-acre field appraised at $450,000. Parcel B is an existing 2 acres parking lot and is appraised at $220,000.

The combination of the easement of the large parcel and the purchase of A and B is estimated at approximately $2.1M. Mr. Kuhn suggested the Township engage in further conversation about the future of the land.

Mr. Philips moved to approve the scheduling of a meeting to further the discussion with the University of Valley Forge regarding a possible conservation easement and Parcels A and B. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Appoint Right to Know Officer and Assistant RTK officers

Mr. Kuhn moved to appoint Mr. Chris Heleniak as the designated Right to Know Officer with Mrs. Csete and Ms. Martin as assistant RTK officers. Ms. Bednar seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Appointment to HARB for Remainder of Term Ending 12/31/2024

This item was removed from the agenda.

Authorization to Invest Maturing Open Space Funds – CDARS maturing 8/4/22

Mrs. Csete said she and Mr. Heleniak met with representatives at First Resource Bank who offered a federal home loan line of credit rate of 1.75% for a one-year term for recently matured funds from the CDARS account. Mrs. Csete, after doing some research, thought this rate is optimal for the Township’s needs and there are sufficient other funds to cover all budgeted items prior to its maturity date.

Mr. Philips moved to re-invest the $6.075 M of Open Space funds into First Resource Bank’s federal home loan LOC program, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote.

Interim Budget Report

Mrs. Csete referenced the Interim Budget Report and indicated that balances in five funds are favorable or very favorable and are expected to remain so at the end of the year (General Fund, Liquid Fuels Fund, and Open Space Fund. The Covid Relief Fund is on target. Three additional funds have no activity budgeted for the year including the Recreational Fee-in-Lieu Fund, Stormwater Management Fund, and Transportation Impact Fund. In the General Fund, ash tree removal costs are higher than expected due to the abundance of ash trees in the Township affected by the emerald ash borer. The Capital Improvement Fund for General Projects will be slightly unfavorable compared to the budget due to change orders approved for the new office fit-out.

Devault Village at Spring Oak Escrow Release #10

Mr. Kuhn moved to approve Escrow Release #10 for Devault Village at Spring Oak for $440,944.68, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business – none


There being no other business, Mr. Piliero adjourned the meeting at 8 p.m. The next Business Meeting is scheduled for Tuesday, Sept. 6, at 7 p.m., at the Great Valley Middle School.

Respectfully submitted,

Lisa Gardner
sheet, 8/1/2022