11 General Warren Blvd, Suite 1
Malvern, PA 19355
Tuesday, August 8, 2023


Planning Commission:
Michael Richter, Chairman, Matt Rogers, Vice Chairman, Andy Motel, Dan Walker, Bill Westhafer, and Andre von Hoyer II. Michael Churchill and Daniel Ghosh were absent.
Dan Wright, P.E., and Wendy McLean, Esq.
Chris Heleniak, Township Manager, and Lisa Gardner, Recording Secretary

Call to Order:

7:00 p.m.


Mr. Motel welcomed Ms. McLean back to the monthly meeting.

Approval of Minutes

Mr. von Hoyer moved to approve the July 22, 2023, Planning Commission meeting minutes, and Mr. Rogers seconded. Mr. Richter called for discussion and there being none, called the vote. All were in favor.

Plan Reviews

Chucktown LLC Land Development Plan

Mr. Bill Davison and Mr. Andew Miller of Hopkins and Scott, LLC, attended to discuss the Preliminary/Final Plan for Chucktown LLC. The property lies on the south side of Phoenixville Pike, west of the PA Turnpike. It is ~.75 of an acre and is zoned for Office/Warehouse (35-4-98.1). Mr. Davison proposes a 5,100 sq. ft. building in the NC-1 district. The site can be served by public water and onsite sewer.

Montrose Environmental Review Letter dated 8/2/23
  1. Conditional Use Application submittal was discussed as a future step.
  2. Zoning variances were already granted.
  3. The Board of Supervisors is likely to want Mr. Davison to connect to public sewer but Mr. Davison has to cross a Norfolk Southern Railroad property. He is in litigation to obtain an easement. A retaining wall was discussed by Mr. Miller.
  4. Will comply
  5. Will comply
  6. Will comply
  7. Mr. Wright said the Board may not see double striped painted lines as necessary.
  8. Defers to Mr. Comitta for landscaping requirements.
  9. Will comply
  10. Will comply
  11. Mr. Wright discussed a reduced EIA since an environmental assessment was done in the 1990s.
  12. There are no wetlands.
  13. Will comply
  14. A planning module is a work in progress.
  15. Will comply
  16. Will comply
  17. Will comply
  18. Will comply
  19. Mr. Davison will get figures to Mr. Wright for stormwater.
  20. The Highway Occupancy Permits are pending.
  21. Will comply
Thomas Comitta Associates, Inc., review letter dated 8/2/23

The entire letter received a will comply. The 22′ walls and pitch of the metal roof were discussed. The roof is not visible from the road.

Chester County Planning Commission review letter dated 7/26/23

The County review letter suggested a sidewalk although PC Members didn’t believe there was a suitable spot for one. Mr. Davison said people are already walking through the area and perhaps it would be a future improvement. He also is pleased that the County recognized the Rails to Trails possible connection nearby.

Mr. Davison expects to return to the Township with septic information. There was a request by the applicant to waive the Conditional Use Hearing process, but this is a requirement that can’t be waived. Ms. McLean believed that there wouldn’t be a large number of items to address, especially after the litigation and sewer were finalized.

Mr. Walker suggested a sidewalk Fee-in Lieu and a discussion followed.

Small Wireless Facilities

Mr. Heleniak stated that tonight’s draft of the Small Wireless Facilities Ordinance was taken from a longer version of an ordinance from a nearby township. Mr. Comitta and Mr. Thompson have reviewed it, made deletions, reformatted it, and presented a more succinct version for the PC to review tonight.

Ms. McLean told the Manager and PC that she didn’t think it belonged in the Zoning Ordinance as originally discussed. She suggested that the ordinance be a stand-alone ordinance since it had different penalties, timelines, and enforcements. It would be easier to navigate waivers, and be more user-friendly, with faster enforcement not being within the Zoning Ordinance. She will discuss this with Mr. Thompson but felt it was inconsistent with zoning provisions.

Mr. Rogers moved to recommend adopting the Small Wireless Facilities Ordinance, after further discussion between Ms. McLean and Mr. Thompson regarding it as a general ordinance within the Township Code. Mr. Richter seconded. He called for discussion and there being none called the vote. All were in favor.


There being no further business, Mr. Richter adjourned the meeting at 7:46 p.m. The next meeting will be held on September 12, 2023, at 7:00 p.m. at 11 General Warren Blvd., Suite 1, Malvern, PA.

Respectfully submitted,

Lisa Gardner, Recording Secretary
sheet, 8/8/2023