CHARLESTOWN TOWNSHIP PLANNING COMMISSION MINUTES Great Valley Middle School, Room 154 255 North Phoenixville Pike, Malvern, PA Tuesday, October 11, 2022

Present

Call to Order:

7:00 p.m.

Announcements

The December meeting is expected to take place in the new Township Office once the mid-November move is completed.

Approval of Minutes

Mr. Rogers moved to approve the minutes of Sept. 13, 2022, and Mr. von Hoyer seconded. Mr. Richter called for discussion, and there being none, called the vote. All were in favor.

Conditional Use Applications

Seven Star Pharmaceuticals LLC – Lab Use in I/O District

Mr. S. R. Perumalla and Mr. Rob McKean appeared to request Conditional Use approval of the new headquarters for Seven Star Pharmaceuticals LLC. They will perform a minor fit-out for a lab and office space requiring 4000 sq ft at 3222 Phoenixville Pike, located in the Industrial/Office zoning district. Mr. Wright confirmed that this was very similar to a prior Conditional Use that came before the PC. He said more detail would be presented at the hearing. Applicants told Members that there would be no changes to the exterior, stormwater, sewers, slopes, etc. They will only be doing minor demolition inside. Best practice procedures will be followed and they will be working with small (mL) quantities. No explosive chemicals will be used. A maximum of 12 employees using 16 parking spots is expected.

Mr. Richter moved to recommend this project be moved to the Board for Conditional Use review and also recommends consideration of approval of the Conditional Use. Mr. Rogers seconded. Mr. Richter called for discussion, and there being none, called the vote. All were in favor

Subdivision & Land Development Plans

Stillitano 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 consultants’ review letters as follows:

Montrose Environmental letter dated September 29, 2022 comments are below:

1. Will comply-details forthcoming regarding shifting lines for compliance with Zoning Ordinance 27-405 & 6.
2. Referred to by Mr. Koutsourous as “will comply” with no additional comments.
3. The connection to the existing sewer stated by Mr. Koutsourous was reversed by Mr. Stillittano, in the audience. The water connection is in question since there is a well. More details will be coming as the Plan advances.
4. – 9. Comments were referred to by Mr. Koutsourous as “will comply”.

Thomas Comitta Associates Inc., letter dated October 4, 2022, regarding 2 tree issues received a “will comply”.

Additional comments:

• Mr. Westhafer mentioned a rain garden and Mr. Koutsourous spoke about inability to see the facilities from the road and the difficulty of maintenance.
• Mr. Stillitano will avoid a sand mound in the front yard.
• There is no stormwater management in place from the prior house.
• There was nothing unusual in the County’s review letter.
• Mrs. McLean suggested the Applicant resubmit after finding out there was an on-site well.

Mr. Rogers moved to recommend approval of the minor subdivision plan for Mr. James Stillitano, to consolidate lots, and for waiver SMO 23-303.1.D(1). Mr. von Hoyer seconded. Mr. Richter called for discussion, and there being none, called the vote. All were in favor.

Land Development Plan – Beyond Meat

Mr. Mike Keffer, P.E. of Light-Heigel and Associates, Mr. Michael Davis and Mr. Timothy Dietrich, Esq., of Barley Snyder LLP, and Mr. Eric Strunk, of Beyond Meat Inc., were present to continue the Beyond Meat Land Development Plan review. They are seeking a recommendation for Preliminary Approval with conditions.

Mr. Keffer stated that many of the issues listed as open will be closed once they provide the requested data and the Plan has been determined to be satisfactory. This would include Montrose comments 14 and 36 for SLDO.

Montrose Environmental letter dated September 30, 2022, comments below:

Mr. Keffer stated that waivers and modifications have developed as the Plan progressed. He read them off the plans (excerpted below) as Mr. Dietrich reminded the Commission that they could always resort back to the original approved Plan.

Waivers Requested from the Charlestown Township SLDO

1. SLDO Section 22-406.1.B(1) All dimensions shall be shown and noted in feet and hundredths of a foot. A waiver is being requested to SLDO Section 22-406.1.B(1). The property boundary is shown in accordance with the referenced section, other dimensions are shown in accordance with the accuracy more typical shown on civil engineering plans.
2. SWM Section 23-303.1.F.(2).(F) The minimal cover of two feet from finished grade to the outside diameter of the pipe at the crown shall be provided. A Waiver is being requested for pipe P-1 to provide only the 12” industry standard cover above the HDPE pipe to the bottom of flexible pavement. Pipe P-1 needs to be placed as far downslope as possible in order to collect as much runoff as possible to convey it to BMP #1. As such, it cannot achieve two feet of cover.

Modifications Requested from Charlestown Township Stormwater Management Ordinance

1. SWM Section 23-302.1B(1).(J) Peak flow rate of the post-construction design storm shall be reduced to the peak flow rate of the corresponding pre-development design storm shown in the table. A modification is being requested for the portion of the site draining to the Pickering Creek Watershed. The project includes a substantial area of earth disturbance offsite, largely to upgrade utility services. The stormwater design includes two on-site BMPS within this watershed that will infiltrate all collected runoff through the 100-year storm event. The design collects and conveys as much runoff as possible into these BMPs but cannot collect downstream runoff located offsite. Since that runoff must be included in the design calculations, it is not possible to collect enough offsite runoff to meet the storm event reductions (2-yr post to 1-year pre, 5- and 10- year post to 2-year pre). The post-development runoff rates do meet, however, all pre-development runoff rates for their respective storm events, which we believe is very reasonable given the site constraints and the very conservation ordinance requirement that all existing impervious cover must be considered in “Meadow” condition.
2. SWM Section 23-302.1.B(1).(I)4)c) for areas that are impervious surfaces, predevelopment calculations shall assume “meadow” ground cover. A waiver is being requested to use the actual existing conditions curve numbers for the pavement areas north of Devault Lane that will be disturbed and restored to their existing conditions, as this meets the definition of site restoration for stormwater management.

Comment 19 – An approved waiver resolves a 1-year post-developed peak rate being less than the 1-year pre-developed peak rate.

Comment 28 – Waiver request from SMO 23-302.1.B(1)(j) –Applicant is waiting on Turnpike approval after a September 21, 2022, meeting. The Turnpike Commission had concerns with inlet filters for the Applicant’s pretreated stormwater joining their MS-4 facilities.

Comment 33 – Mr. Wright has no issue with allowing a waiver for the Applicant to install concrete grout over the section of HDPE pipe that does not meet the 2 feet of cover requirement.

Mr. Keffer discussed the retaining wall along the Turnpike being revised to an inverted t-wall design. Also, the stormwater management systems designed for this Township are primarily underground but the rep stated it would be less ground disturbance to keep this facility above ground. It cannot be seen from the road and it has an emergency spillway. It is 3 feet deep with a smooth depression of 4:1. Mr. Westhafer asked that the angles be softened. Mr. Wright supported this waiver.

Thomas Comitta Associates Inc., review letter, updated October 4, 2022, comments are below:

Mr. Dietrich stated that designs could be discussed again at permitting time and reminded everyone that no architect had been hired.

Comment 5A – Mr. Keffer stated that the number of trees added to the Plan had reached 100 and Mr. Comitta thanked him. They have changed the variety from White Pine to Norway Spruce. They are providing extra fill to increase the berm for buffering and screening. This should allow the extra trees.

Comment 11B – The Applicant did not want the maintenance or cost of the design/appearance the Township had countered for the structure. The massive building uses insulated steel panels and in turn, the Applicant presented their next revision to the Township’s design.

Comment 11C & D – Mr. Wright said the parapet can extend above the 38’ height limit. With a setback of 81’, the building’s total height would be 46’. Mr. Westhafer urged Mr. Keffer to consider the look of the area where the old and new buildings and parapet abut each other. Mr. Westhafer was told that the Township has no rules or requirements regarding equipment that rises above a parapet.

Comment 13 – It is already a practice (no idling and having an appointment for the dock).

Comment 13F – Mr. Dietrich said that the owner of this land is not interested in changing his property and this should have no bearing on Beyond Meat’s project. A traffic engineer should address the potential adverse effects as found on the EIA.

Additional comments:

• Mr. Allen clarified that the berm won’t screen the view but the trees will.
• Mr. Rubenfield clarified that the proposed height of the new building with the parapet is equal to the existing building’s height. The berm may be removed for construction or sewer work, perhaps the entire width and length of it, on Beyond Meat’s property. But other alternatives will also be considered. Trees will be replaced if they are removed. But, a note on the Plan reads trees on the berm will be “replaced in kind”.
• Ms. Deena Shanker questioned a groundbreaking date in prior monthly published minutes. Mr. Dietrick stated that tonight they were just looking for Preliminary Plan Approval. Next, they can begin to establish a sequence. There is no date for breaking ground. If a Preliminary Plan is approved, it can be acted upon for 5 years even if regulations change.
• Mr. Wright reminded the Members that the waivers meet the ordinances for the Township and he supports them since (1) you can’t change someone else’s property, and the Applicant is returning the disturbance to how it was, (2) but not as a meadow.

Mr. Keffer distributed his list of Conditions for Preliminary Approval (items in italics were added after receiving comments from the PC tonight).

1. Granting of three modifications regarding Stormwater Ordinance and a waiver from SALDO, as noted in the Plan Sheet CS-02 and reviews.
2. Inclusion of a note on the Plan providing for the planting of extra trees on the berm along the Spring Oak property line, not to exceed a total of 100 trees.
3. Modification of Plan to include drawings for the inverted t-wall per engineering discussions.
4. Resolution and refinement of Note 85 on the Plan concerning appearance of building façade.
5. Resolution of question regarding zoning treatment of parapet wall.
6. Completion of land acquisition from Mr. & Mrs. Frank Boyle.
7. Receipt of Pennsylvania Turnpike Commission approval concerning stormwater.
8. Receipt of NPDES permit.
9. Finalization of Municipal Improvements Agreement acceptable to Township and provision of financial security.
10. Finalization of Stormwater Maintenance Agreement acceptable to Township.
11. Execution of Plan and affixing of seals.
12. Applicant, with the assistance of the Charlestown Township Board of Supervisors, if necessary, have discussions with Mr. Thomas A. Fillippo, owner of parcel 35-4-5.7. The purpose is to relocate or improve the access drive either (1) as shown on option “a” of the Traffic Planning and Design Report or (2) as the Supervisors, Thomas A. Fillippo, and the Applicant determine to be safe and adequate.

Mr. Richter moved that the Preliminary Plan for Beyond Meat Inc., dated September 20, 2022, be approved, subject to consultant review letters, and to the condition that the applicant, with the assistance of the Board of Supervisors, if necessary, has discussions with Thomas A. Fillippo, owner of parcel 35-4-57. Discussion for the relocation and /or improvement of the access drive either as shown on option “A’ of the Traffic Planning and Design report or (2) as the Supervisors, Thomas A. Fillippo, and the Applicant determines to be safe and adequate. Mr. Rogers seconded. Mr. Richter called for discussion, and there being none, called the vote. All were in favor.

General Planning Items

Re-schedule of November meeting

Due to a possible conflict with Election Day, the November Planning Commission meeting may be rescheduled for the third Tuesday, November 15^th. See the website for any updates.

Adjournment

There being no further business, Mr. Richter adjourned the meeting at 8:35 p.m. The next meeting will be held on November 8, or November 15, 2022, at 7:00 p.m. at the Great Valley Middle School, Rm. 154, 255 Phoenixville Pike, Malvern, PA.