CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS MINUTES Charlestown Township Municipal Building 11 General Warren Blvd., Suite 1, Malvern, PA Monday, February 6, 2023

Present

Call to Order:

7:03 p.m.

Announcements

There were two executive sessions before tonight’s meeting. One was on January 11^th for personnel matters. The second meeting was before tonight’s meeting regarding legal matters.

Earth Day fliers and Township Newsletters are available.

Citizens Forum

Ms. Lorraine Fillippo said she can’t make a right turn at the intersection of Fillippo Way to get to her home. Beyond Meat tractor trailers are blocking the road and idling on both Whitehorse Road and Fillippo Way. She also hears the backup beep from Devault Lane early in the morning. Ms. Sharon Stiles said that cars are not supposed to turn right from Fillippo Way to Devault Lane but do. They ignore the stop sign and congestion is added by cars waiting to pick up employees. It is dangerous going through that area at shift change. Contractors are not obeying the traffic flow that management is trying to establish. Mr. Wright has already notified management.

Mr. Kuhn asked Mr. Wright if Beyond Meat can place a camera in the area since plant management is having trouble enforcing the traffic flow. Lastly, Mr. Rubenfield stated that on January 26^th there was a very loud noise from the plant from 7:30-9 a.m. Mr. Wright will follow up on this issue too.

Approvals

Mr. Kuhn moved to approve the reports listed below and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

1. Minutes for the January 3, 2023, Organization Meeting
2. Minutes for the January 3, 2023, Business Meeting
3. January 2023 Treasurer’s Report
4. Accounts Payable Report - All Funds for February 6, 2023

Reports

Mr. Willig moved to accept the January 2023 reports #1-16 as submitted and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Old Business –

none

New Business

Preliminary Subdivision Plan for Greene-Marks 4219 Howell Rd

Mr. Greg Adelman, Esq., and Mr. Brynn Schaffer, PE, PLS, attended tonight to obtain Preliminary Approval of their October 18, 2022, plan for a subdivision at 4219 Howell Road. Mr. Adelman began with a list of updates:

• His last appearance before the Board was for approval of a driveway in Steep Slope.
• Since then, the stormwater had been designed and then redesigned to be subsurface basins without level spreaders that will reduce discharge at Howell Road.
• They just received approval for the NPDES permit.
• They have completed the soil testing within the basin to Mr. Wright’s satisfaction.
• Lots 1 and 2 have sufficient lot area after a minor lot line adjustment.
• Mr. Wright approved the supplemental information provided before tonight’s meeting.

Questions from the Board of Supervisors

1. Mr. Willig asked about the area being covered by the stormwater calculations and Mr. Shaffer said 59 acres were analyzed but the area of disturbance is sensitive to the cleared land. Then he pointed out discharge flow paths on one of the Plan’s maps.
2. Mr. Willig asked how the flow will move post-development assuming the woodlands return. Mr. Shaffer spoke about 4 sub-surface seepage beds capturing the runoff with lawn and offsite woodlands lowering the rate. He discussed volume data on the site.
3. For Ms. Green’s property (noted as point #2 on the map) he mentioned a 60,000 cubic foot flow reduction. He added that an existing gravel driveway caused a slight increase but for this, they are providing a rock line channel that directs and dissipates.
4. Mr. Wright said a main concern of the Township and the CCDC was to make sure that drainage was not funneled toward Howell Road and away from Ms. Green (#2).
5. Mr. Shaffer further described details of the driveway, designed with a culvert pipe, plunge pool, and a grate with an inlet at the end. This is how the Applicant increased capture, plus the over-engineering of detention basins on the upper plateau at the other lots.

Comments from the audience

• Ms. Green discussed a utility pole at the end of her driveway.
• Ms. Green mentioned the additional waiver (5 total). She is against all waivers.
• Mr. Asimos mentioned the need for a hardship when considering a waiver.
• Mr. Asimos mentioned the lack of a response to his memorandum to the Board. Mr. Thompson welcomed more information tonight.
• Ms. Green gave a brief history for the attendees, provided pictures, and asked that the cleared area be allowed to recover before it is developed. She was unsure if the stormwater would be better managed for her and/or when it meets Howell Road.

Mr. Kuhn stated that the applicant has the legal right to request a subdivision and if they comply the Township cannot deny the plan. The Board of Supervisors relies on its expert consultants. He asked Ms. Green to consider the local and expert opinions of the Planning Commission Members and Township consultants who intimately know the land’s characteristics, the roads, and the site’s history. In addition, the Applicant’s stormwater plan has received approval from the DEP and the CCCD. These are both agencies she was contacting for help and insight. However, Ms. Green wanted the CCPC to do a new review at the Board’s request. Mr. Kuhn again said the County acts in an advisory capacity, the Board will rely on its consultants.

Mr. Piliero wondered why Ms. Green felt the Township didn’t assist her. In one of three meetings, the Township provided swales and woodchips as help until the matter could be further investigated by the consultant team.

Miscellaneous comments

• Mr. Asimos said the proposed driveway wasn’t 18’ wide and had no pull-off or a place to turnaround. Mr. Wright responded that the Applicant originally designed the road to be 18 feet wide but changed it at the Planning Commission’s recommendation to 14 feet in an attempt to lower impervious coverage. The private road goes from Howell Road and extends 330 feet. Its width exceeds the 50-foot minimum. The shared driveway then extends for another 883 feet, which is less than the 1,000-foot maximum. There are other shared driveways connecting with private roads existing within the Township like this in compliance.
• The Horseshoe Trail is taken care of per Ms. Green.
• Mr. Asimos stated again, there was no tree count so there is no way to determine if the right number of trees are being replaced from the clear-cutting. However, this applicant did not remove the trees and has filed a new plan which replaces the 1996 plan by a previous owner. Since there were no trees to count, an estimate was made by Mr. Comitta according to industry specifications. Mr. Comitta has approved the current landscaping and tree replacement amounts.
• Mr. Kuhn reminded everyone that in March 2022 the Planning Commission solicitor, Ms. Wendy McLean, established that due to the small size of the lot, logging could not be regulated and no removal permit was required.
• Mr. Wright restated that trees are being replaced in the area of disturbance. Mr. Asimos pointed out that the homes will not be built in the cleared area. Ms. Green thought this was risky due to the steep slope, with no guarantee the new trees will grow, the stormwater plan will work, or the erosion will be controlled. Mr. Wright reasoned that there will be a significant reduction in the stormwater due to the design, and Township requirements. The three lots are on the plateau, the driveway is in the best location, and all the grading is outside of the steep slope.
• Mr. Kuhn reminded her that if the buyer leaves there is no improvement.
• Mr. Asimos said he believed 50% of the property was impervious.
• Mr. Kuhn corrected Ms. Green when she stated the steep slope was conservation land.
• Discussion followed regarding the PC, Mr. Kuhn, and a Conditional Use for the driveway in steep slope, from the November 7^th, 2022, meeting.
• Mr. Thompson and Mr. Kuhn clarified that the Board has 45 days to provide a written decision in response to Ms. Green’s Sunshine Law statement made on social media.
• Mr. Heleniak clarified that there is a typo in the November BOS meeting minutes under the Greene-Marks Conditional Use Decision section, which is why there is confusion on Ms. Green’s part.
• Ms. Armstrong stated the area is infested with an invasive and she would like this to be removed as part of any landscape plan.
• Mr. McNulty of Howell Road did not want the septic washing downhill toward him.

Ground cover and final stormwater discussion

Mr. Neil Camens, of Chester Valley Engineering Inc., representing Ms. Green, asked to speak about stormwater calculations, mainly the volume control vs the area of disturbance. An assumption that the reforested area would be “immediately reforested” was his main concern. Planting 13 trees is certainly better than how it is now with none, but now it is in “terrible condition” so it only makes it a bit better, not providing enough relief for Ms. Green.

Mr. Kuhn asked about ground cover and Mr. Camens thought it would be very beneficial. Mr. Camens said it needs to be detailed in the plan, using a meadow to forest transformation, with a maintenance plan for the trees. Mr. Adelman stated that there was a Northeastern Forestry Concepts plan originally submitted calling for the reforestation of the logged areas with saplings and that the applicants are willing to implement the plan, as well as the landscape plan already approved by Mr. Comitta. In response to a question, Mr. Adelman stated that the plan calls for ongoing maintenance of the trees.

Mr. Shaffer asked everyone to remember that this stormwater system was over-engineered. Since the level spreader was eliminated, the stormwater storage volume went far beyond meeting the requirements. The Township has even more stringent stormwater parameters for the Applicant than the County. The stormwater properly models the steep slope area as “Wooded-Poor” which properly models the slope area as a wooded area that has been timber harvested. Mr. Wright said all the factors were evaluated and the runoff to the Green Beyer property will be less than pre-construction. This plan addresses stormwater satisfactorily.

Infrastructure and staging would be enforced by the conservation District during construction, the DEP is also involved. The developers will make any future owners of that land obtain annual inspection testing by engineers.

Mr. Camens said he was happy with clarified volume due to the over-engineering explanation and Mr. Willig was satisfied about the stormwater. He was pleased to hear that there was an official reforestation plan in the project.

Mr. Philips moved to approve the October 18, 2022, Preliminary Plan for the Greene-Marks Subdivision Application:

• Subject to the consultant review letter by Montrose Environmental, dated 12/7/22.
• Subject to the consultant review letter by Thomas Comitta Assoc. Inc., dated 12/6/22.
• To include the Northeastern Forestry Concepts reforestation plan imposing reforestation, ground cover, tree watering, and maintenance.
• Compliance with stormwater testing and performance.
• Includes approval of the 5 requested waivers listed below.

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

Waivers approved:

1. SALDO Section 503.3B(3) - Cartway Width to be modified to 14’ for the driveway
2. SALDO Section 503.3M - Intersection Triangle to 50
3. SALDO Section 503.3G - Intersection Approach Slope to permit 5% slope
4. SWMO Section 505.2 - Vertical Curbing
5. SWMO Section 302.1.B(1)(h) - Infiltration Volume to permit recharge volumes per state requirements.

Birdtown USA Presentation

Ms. Heidi Shiver, Birdtown Pennsylvania President, presented the Board of Supervisors with an award for the Township achieving the status of Birdtown USA. She gave a brief presentation about the goals, resources, and workshops that are available on the BirdtownPA.org website. She presented the Chairperson with an official Certificate of Recognition.

Request for Donation for Horse-Shoe Trail Guidebook

Ms. Ingrid Cantarella-Fox requested support toward the cost of printing the 26^th edition of the Horse-Shoe Trail Guidebook as the Township had done five years ago in 2017. She distributed the 2018 version.

Mr. Kuhn moved to approve a donation of $1,500.00 toward the publishing of the 26^th Edition of the Horse-Shoe Trail Guidebook, and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Zoning Ordinance Updates

Township Planner, Mr. Tom Comitta, provided details on suggested updates to the Zoning Ordinance in 2023. He discussed small cell wireless facilities, short-term lodging, and high cube warehouses. He also suggested a subcommittee discuss agritainment (large outdoor seasonal gatherings) that would utilize 50 acres or more. He asked the Board members to consider these updates to allow for further discussion.

Jenkins Master Plan

Mr. Ed Theurkauf and Ms. Kelsey Stanton-Murphy, of Theurkauf Design & Planning LLC, presented the Master Site Plan for Jenkins Park. It was developed in accordance with the approved Concept Plan dated 9/13/21. The three parcels comprising the Jenkins tract total 16.4 acres. It is located on North Valley Hill Rd. Tonight’s goal was to obtain feedback from the Members and Charlestown Township’s residents.

1. To be developed as a neighborhood park for nearby residents, not a destination park.
2. Included is a trail paved for multi-use that connects to the parking lot for universal accessibility, a shorter ADA trail, a meadow, a picnic pavilion with tables, a natural playground, and a nature study area.
3. Stormwater management is subsurface (under the meadow).
4. Plans included maximizing the preservation of the mature forest, mitigating the impacts of paved surfaces, and implementing restoration strategies that will improve site ecology such as invasive species management.
5. The meadow will create wildlife habitat for pollinators and birds, plus infiltrate stormwater runoff. It will require less maintenance than a lawn.
6. The 8’ paved trail encircles the site for pedestrians and cyclists with a maximum 5% slope for ADA accessibility.
7. The nature playground will use natural materials with traditional swings.
8. Trash cans and pet waste cans will be maintained.
9. The park will be a dawn to dusk park and could have bollards or a gate.
10. The cost is estimated at $446,000 but grants will be submitted before April 5, 2023, to the DCNR to offset some costs. Maintenance for a year is estimated at $15,000.

Audience Questions

Ms. Laura Pappas, whose home is across the street from the project, wants just one wider driveway opening, not a drive-through entrance and exit. She wants it offset for driveway privacy. However, PennDOT advises against offsets, and the park’s ingress and egress are not able to be flipped. Mr. Theurkauf mentioned the screen along Valley Hill Road, evergreen trees along the eastern property line, and cherry laurels hiding most of the parking from her home. Any further screening could impair sight distances, increase the amount of tree removal, and raise impervious figures. He believes that as the project finishes, Ms. Pappas and the Township can work together.

Mr. Charles Buck was concerned about the speeds on the road and park traffic flow, including pedestrians. Plus, after hours visitors are not welcome. Mr. Theurkauf stated that once the site is finished it is easier to police, has fewer unwanted visitors, and more eyes to see them. Mr. Raymond Clarke, Vice-President of the Open Land Conservancy, attested to this in another county park. It puts the area on the map so that the PA State Police can easily patrol it. Planners did not want to hide the parking deep into the property for security reasons

Mr. Tanner Laudenbaugh wants to increase the screening because many trees have fallen and their homes are more exposed to the trail zone than last year. Mr. Theurkauf was aware of the area and they will remediate the area with undergrowth as a natural barrier.

Mr. Willig moved to approve the Master Plan and direct Mr. Wright to prepare bid documents and to authorize Mr. Theurkauf to research grant opportunities. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being nothing further, called the vote. All were in favor.

Stillittano Minor Subdivision Plan

Mr. John Koutsourous, P.E., presented a minor subdivision plan for a lot combination at 3041 Hollow Road. Mr. Koutsourous addressed comments on the consultant review letters as follows:

Montrose Environmental Review Letter dated 12/7/2022

Mr. Koutsourous referred to the letter points as either resolved or “will comply”. The well was moved, the lot was perk tested, only four trees will be removed, and the PC has recommended approval.

However, the Board asked the engineer why the stormwater was above ground. He stated it involved less disturbance, was easier to repair, cheaper to build, and the property had the perfect hidden spot for it, very far from neighbors. It has a 4 to 1 slope and a 2’ depression in the ground in the rear of the home. Mr. Philips wanted a reason why he couldn’t design it subsurface. Waivers are not usually granted for these reasons.

Wanting Preliminary Approval tonight, Mr. Koutsourous agreed to design a subsurface stormwater system, and will do infiltration testing. It the testing determines that a subsurface infiltration basin is not feasible, then the Applicant will return to the Board to request a waiver for above ground facilities. Underground design would not require a waiver. Mr. Wright was comfortable with this arrangement.

Mr. Kuhn moved to give Preliminary Approval to the Stillittano subdivision in compliance with the consultant review letters and a redesign to provide for underground stormwater facilities. Mr. Willig seconded and there being no further discussion, Mr. Piliero called the vote. All were in favor.

Appointment as Alternate to the Environmental Advisory Committee for a term ending 12/31/24

Mr. Philips moved to appoint Ms. Ashley Pietak as an Alternate to the Environmental Advisory Committee to complete an unexpired term ending 12/31/24, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Appointment to the Elected Board of Auditors for Unexpired Term ending 12/31/23

Mr. Kuhn moved to appoint Mr. von Hoyer as Auditor for the unexpired term ending 12/31/23, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Authorize the Signing of the PennDOT Agreement to Allow Electronic Access to PennDOT Systems

Mr. Piliero moved to adopt Resolution #1029-23 authorizing the Manager to execute PennDOT’s Electronic Access Agreement, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Schedule Hearing

A hearing to consider a Zoning Ordinance Amendment to Chapter 27, Part 2, Definitions, was scheduled for March 3, 2023 at 7:00 p.m. at 11 General Warren Blvd, Suite 1, Malvern, PA.

Escrow Release Approvals

Three items remained on the agenda.

1. Pickering Crossing Escrow Release #37 (Final).
2. Spring Oak Phase II Escrow Release #8 with an adjusted release amount approved by Mr. Wright equaling $120,142.
3. Spring Oak Phase III Escrow Release #8.

Mr. Piliero moved to approve the above 3 items. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Adjournment

There being no other business, Mr. Piliero adjourned the meeting at 10:20 p.m. The next Business Meeting is scheduled for Monday, March 6, 2023, at 7 p.m., at 11 General Warren Blvd., Suite 1, Malvern, PA.