Pattye Benson

Community Matters

digital billboard

Oh No! Catalyst Appeals Digital Billboard Decision to Chester County Court of Common Pleas!

With fingers-crossed I had hoped that Catalyst Outdoor would just accept the denial by Tredyffrin Township and its Zoning Hearing Board for a digital sign in Paoli and just walk away … sadly they did not!

With a thirty day window to appeal the township’s decision, Catalyst Outdoor has just done that – and late this past Friday submitted their appeal application to the Chester County Court of Common Appeals! Now it is no longer in the hands of Tredyffrin Township — it moves to the Common Pleas judges and we wait. This is so wrong!

Catalyst Outdoor DEFEATED in Tredyffrin Township — VICTORY Declared — NO Digital Billboard in Paoli!

Thank you Tredyffrin Township Zoning Hearing Board for agreeing with the township and the community by saying NO to a digital billboard in Paoli! Tonight with a unanimous 3-0 vote, the Zoning Hearing Board members rejected Catalyst Outdoor’s digital billboard appeal of the township’s denial of the digital billboard application!

For fourteen months, the BAN the Digital Billboard campaign has fought back against Catalyst’s plan for digital billboard at the Clockworks building — and tonight VICTORY is declared! Thank you to so many who joined in and supported the journey against the digital billboard.

Of course, I would be remiss if I did not say that Catalyst can appeal the decision and I think the time line is 30 days — the appeal would go to Chester County Court of Common Pleas. For now, I’m just going to savor the VICTORY of NO Digital Billboard in Paoli … Community Does Matter!

Tredyffrin Township’s Zoning Hearing Board Rules on Digital Billboard Appeal by Catalyst Outdoor Advertising – Thursday, Oct. 24, 7 PM

The Tredyffrin Township Zoning Hearing Board will rule on the digital billboard issue on Thursday, October 24, 7 PM at Tredyffrin Township building.

Catalyst Outdoor Advertising first appeared at a Tredyffrin Township Board of Supervisors meeting in August 2018 with their proposal to demolish the Clockworks Building and install two large 20 ft. digital billboards with a reflecting pool as the “welcome” to our 300-year old township.

For the last fourteen months, the public has remained committed in their opposition to ‘BAN the Digital Billboard’. Residents filled the seats of Keene Hall for three Zoning Hearing Board meetings and eloquently delivered their message of “Just Say No” to a digital billboard at the intersection of Rt. 252 and Lancaster Avenue in Paoli. My words at the last Zoning Hearing Board meeting were simple, “We are not a community divided” – the community has stood in complete solidarity in its opposition. We do not want a digital billboard. Period.

The final decision rests with the Zoning Hearing Board – the township heard the public and denied the application for the digital billboard and it’s now up to the ZHB to uphold and support. As I understand it, there are two ways this can go on Thursday – either the ZHB upholds Tredyffrin Township’s previous denial of the Catalyst application for a digital billboard and rules against their appeal or … the ZHB rules in favor of Catalyst on their appeal.

If Catalyst loses its appeal on Thursday, they have the right to appeal the decision to the Chester County Court of Common Pleas. If the ZHB rules in favor of Catalyst, the township has the right to appeal the decision.

The digital billboard decision will be first up at the Zoning Hearing Board meeting – 7 PM on Thursday. Residents who sought party status in the digital billboard matter will also learn whether or not it was granted.

The proposed digital billboard is probably one of the most important issues to face our community in recent years – please plan to join me on Thursday at 7 PM, Tredyffrin Township building for the Zoning Hearing Board decision.

A “Community Not Divided” – The Fate of the Digital Billboard Rests With Zoning Hearing Board – Final Decision October 24

Thank you to the many residents who filled the seats of the township building or stood in the back of Keene Hall last night for the Zoning Hearing Board meeting. Thank you to the many residents who last night (and at the two previous Zoning Hearing Board meetings) eloquently delivered their message of “Just Say No” to a digital billboard at the intersection of Rt. 252 and Lancaster Avenue in Paoli.

As the last resident to speak in opposition to the digital billboard last night my words were simple, “we are not a community divided”! For eleven months, since Catalyst Outdoor Advertising first came to the township with their proposal to demolish the Clockworks building and install two large digital billboards and a reflecting pool, the community has stood in complete solidarity in its opposition. We do not want the digital billboard. Period.

As I said last night, I have lived here for many years and am engaged in community issues. There are always at least two sides to any of these issues, with the ultimate outcome producing winners and losers. Not so on the digital billboard, we are not divided; there is only one side. Since August 2018, I have spoken to many people on this topic and have yet to find a resident who supports the idea of digital billboard in the middle of Paoli or who thinks it’s a good idea.

As Catalyst Outdoor Advertising attorney John Snyder and the township attorney Tony Verwey had both rested their cases at the July 25 meeting of the Zoning Hearing Board, the special 6 PM meeting last night was dedicated to residents’ comments on the proposed digital billboard. And speak they did, a steady stream of residents speaking out against the proposed billboard, just as other residents had done at the two previous Zoning Hearing Board meetings. Many residents spoke at these three meetings and not one voice of support for the proposed billboard. An important community issue, it was however sad to note that not a single township supervisor attended the meeting last night.

So where do we go from here? After much discussion between the Zoning Hearing Board members, its solicitor and attorneys from the township and Catalyst Outdoor Advertising, a timeline for legal responses from both sides was established. Much of this discussion was difficult to follow but at the end, I asked two questions for clarification; (1) when would the residents who sought ‘party status’ know if it was granted and (2) when would the Zoning Hearing Board make their final determination.

There will be a special meeting of the Zoning Hearing Board on Thursday, October 24 (presumably at 7 PM but not announced). At that meeting, the public will learn which residents receive party status and we will know the decision of the Zoning Hearing Board.

As I said last night to the members of the Zoning Hearing Board, the final decision rests with them– the township heard the public and denied the application for the digital billboard and it’s now up to them to uphold and support. The public has spoken … this is not a community divided!

BAN the Digital Billboard – Last Opportunity to Voice Your Opposition on Thursday, July 25, 6 PM: Public Comment at Zoning Hearing Board Meeting!

To members of our community – On Thursday, July 25 at 6 PM at the Tredyffrin Township municipal building, we have one last opportunity to make our voices heard regarding the proposed digital billboard at the intersection of Rt. 252 and Lancaster Avenue in Paoli.

Catalyst Outdoor Advertising first appeared at a Tredyffrin Township Board of Supervisors meeting in August 2018 with their proposal to demolish the Clockworks Building and install two large 20 ft. digital billboards with a reflecting pool as a “welcome” to our 300-year old township. For many reasons during the last eleven months, the public has remained committed in their opposition.

The starting point for the digital billboard project was Catalyst’s submission of two applications to the township in December 2018 – (1) a demolition permit application for the Clockworks building and (2) an application to digitize the existing small stationary sign. To the credit of our elected officials and township staff, the public’s opposition was heard and both applications were denied

Undeterred by the denial of their applications, in early 2019, Catalyst appealed the township’s decision on the digital billboard application to the township Zoning Hearing Board. The ZHB heard three hours of testimony on May 30, primarily from the Catalyst attorney. The legal proceeding was continued to July 9 for another lengthy evening of argument from the township attorney in front of the ZHB.

With Catalyst and the township attorneys resting their cases – it’s now up to us, the public! The last Zoning Hearing Board meeting is dedicated to public comment on the digital billboard application. This is it folks, our voices will be the last words heard by the Zoning Hearing Board

Far from dividing, the digital billboard issue has united the community in its opposition. I am proud of our residents — they have put lawn signs up, shared information, done their own digital billboard research, attended and spoken out at meetings. We have one more opportunity to deliver our message of opposition on Thursday, July 25, 6 PM and we need standing-room only!

PLEASE SHARE THIS POST with Friends, neighbors, family – the end is in sight and we need to deliver our FINAL voice of Opposition!!

Your Voice Counts and the Community Matters!

Battle to Stop Catalyst and BAN the Digital Billboard Continues — Community Has One More Opportunity to Voice Objection, Thursday, July 25, 6 PM

Eleven months in and the digital billboard saga continues …

At the May 30 special meeting of the Zoning Hearing Board, the audience learned after three hours of testimony that the legal proceeding would be continued to July 9.

Unfortunately, as soon as the July 9 date was announced, I knew that I would be on a plane that night – and with nonrefundable tickets there was nothing I could do. For those that have followed along with the BAN the Digital Billboard campaign for the past eleven months, you will appreciate how difficult it was for me not to be in attendance on Tuesday night.

However, the good news is that many people that I know were able to attend and I have received many text messages, emails, phone calls, etc post-meeting making it easier to write this post. And some more good news … the residents will have one more opportunity to make their voices heard at the final Zoning Hearing Board meeting on this matter, Thursday, July 25, 6 PM. The regular ZHB starts at 7 PM, so that gives us an hour to continue to drive home the point why our community does NOT want a digital billboard!

One of those in attendance at the meeting on Tuesday was my good friend Ray Clark and he kindly provided few written comments from the 3-1/2 hour meeting. (In addition, Ray texted continuous updates throughout the ZHB meeting – so grateful to him!). Here are Ray’s thoughts from the meeting – to others who attended, I welcome your comments:

A few observations from a non-lawyer on Tuesday’s ZHB proceedings hearing the appeal of the denial of a permit for a digital billboard. The applicant worked hard to focus the discussion on the legal intricacies of their challenge to the validity of the township’s zoning ordinance, while the audience was concerned about the safety and visual impact of placing a distracting, flashing device at a busy and iconic intersection.

A couple of process points. Dan McLaughlin did a good job of managing the contentious meeting to be fair to all perspectives. He allowed more residents to apply for standing, since many were prevented from attending round one due to the tornado warning. However, the applicant objected objectionably (!) and arbitrarily to most – at one point saying that he did not believe – with no basis! – one resident who gave a precise distance from his house to the intersection! I imagine that the ZHB will rule on the standing of all the residents from both meetings at the wrap up meeting on July 25th (6pm).

The witnesses were two: continued testimony from the applicant and Matt Baumann for the township. I don’t pretend to have followed this closely enough to give an opinion on the legal issues, but there was a lot of discussion about the meaning and applicability of “lighting”, “changeable copy”, “flashing”, “alteration”, “conditional use”, “vinyl wraps”, “backing blocks”, and so on. Throughout the applicant tried to force the discussion to a word-by-word parsing of the Township denial letter – with some success since Matt acknowledged that the letter had an internal inconsistency. I don’t recall much discussion of why the ordinance is illegal, maybe that was last time.

The audience seemed to come more prepared than the township Baumann/Verwey team. Excellent points were made about the lack of applicant studies of intersection safety issues (they relied entirely on PennDoT regulations), the inaccuracy and limitations of the safety studies they did present, the lack of information given to the township to assess the features of the sign, the availability of studies indicating a definite safety issue, and of course the fundamental fact that the sign is DESIGNED to distract attention.

It seems a great pity that commercial interests have the potential to weasel loopholes in township ordinances written at a different time to attempt to foist upon us something that seems to be universally despised and a very real safety risk.

Far from dividing, the digital billboard issue has united the community in its opposition. I am proud of our residents — they have put lawn signs up, shared information, done their own digital billboard research, attended and spoken out at meetings. Folks, we have one more opportunity to drive home our message of opposition on Thursday, July 25, 6 PM!

Always the optimist, I’m going to believe that our Zoning Hearing Board is going to come down on the side of the community on the digital billboard issue.

Your Voice Counts and the Community Matters!

Say NO to Proposed Digital Billboard in Paoli on Tuesday, July 9, 7 PM, Zoning Hearing Board Meeting: Your Voice Counts & Our Community Matters!

The “To be continued … “ digital billboard saga returns to Township Township Zoning Hearing Board meeting on Tuesday, July 9 at 7 PM at the municipal building, 1100 Duportail Road, Berwyn. (Click here for agenda).

This process has been nearly a year in the making, and the legal proceeding was last at the Zoning Hearing Board (ZHB) meeting on May 30. With tornado warnings and loss of power for many homeowners in the township, it was a challenge just to attend the meeting!

On May 30, we only heard from the Catalyst attorney John Snyder from Saul Ewing and his two witnesses. On Tuesday, July 9, the ZHB meeting continues with attorney Tony Verwey from Gawthrop Greenwood presents the case opposing the digital billboard on behalf of the township.

To remind you about the ZHB meeting on May 30, a number of residents (including myself) asked to be a party in the case — with Snyder objecting to all but one resident. In my opinion, the entire Tredyffrin Township community (and beyond) should have standing in the case, as we all will be impacted by a digital billboard at the busy intersection in Paoli.

To the credit of the ZHB chair Dan McLaughlin (and much to the chagrin of Snyder) the public was told that “standing” would be determined at the July 9 meeting. And the good news is that ALL residents who wish to comment at the upcoming ZHB meeting may do so, with or without legal standing. It will be curious to see where the legal issue resolves itself for those that previously sought standing and also whether residents who were unable to attend the ZHB meeting in May will be granted standing.

Much of the widespread opposition to the proposed digital sign is focused on safety yet we learned on May 30 that no safety expert would be called by the Catalyst attorney because he didn’t think “it relevant”. One of the two expert witnesses called by Catalyst was Jesse White, an employee of Watchfire Signs, a Danville, Illinois digital billboard company who sells billboards to Catalyst. In his testimony, White admitted his company would probably have the contract for the proposed digital billboard. He certainly is not an unbiased witness and the township attorney Tony Verwey needs to object.

Other crazy remarks came from the second Catalyst witness, employee Tim Earle who claimed digital billboards are “almost like a TV” and compared the proposed digital billboard, with its constantly changing face, to the 7-Eleven gas price sign across the street and to the Conestoga High School sign. The so-called expert testimony of Earle should be thoroughly cross-examined by the township attorney. Here’s hoping that Tony Verwey is fully prepared for this legal proceeding against Catalyst – the residents are counting on him to bring his ‘A’ game!

On Tuesday, please show up at the township building for the Zoning Hearing Board Meeting and speak out against the proposed digital billboard – Our Voice Counts and our Community Matters!

Digital Billboard Appeal to be continued … until July 9

Thank you to those residents who joined me on Wednesday night for the Zoning Hearing Board meeting. With the tornado warnings and loss of power for many, it was a challenge to attend!

There was bad and good news from the meeting. The bad news is that we sat through three hours of testimony and only heard from the Catalyst attorney John Snyder from Saul Ewing and his two witnesses. The good news is that the Zoning Hearing Board meeting continues on Tuesday, July 9 and we will hear from the township attorney Tony Verwey from Gawthrop Greenwood and all township residents who wish to comment.

Unfortunately Snyder set a bad tone early in the proceedings by objecting to all but one resident who asked for party standing in the case (including myself), claiming that we would not be personally impacted by the proposed digital sign.

My argument to receive standing was that ‘ALL’ the township residents (and beyond) would be impacted (due to safety concerns in that intersection) and therefore should have standing. Needless to say that argument went nowhere with Snyder. To the credit of Zoning Hearing Board chair Dan McLaughlin (and much to the chagrin of Snyder) we were told that a determination of “standing” would be decided at the meeting on July 9. All residents who wish to comment may do so at the next meeting (and you do not need standing to do so!).

Linda Stein from Main Line Media News attended the meeting and gave a review of the proposed billboard and update. (Thank you Linda for braving the tornado warnings to attend!) To read the full article, click here. Below are excerpts from the article:

Snyder called on Jesse White, an engineer for Watchfire Signs, a Danville, Ill. company that sells digital billboards to Catalyst, to testify. White explained how the proposed LED billboard would work. Questioned by Snyder, White said LED billboards are “almost like a TV.”

Residents who requested to be a party to the case were permitted to ask questions. Paul Drucker asked White if he thought that 10 images a minute would be a distraction for drivers. Snyder objected to the question and Daniel McLaughlin, the zoning board chairman, asked if Snyder planned to call a witness regarding drivers being distracted.

“No, I don’t think it’s relevant,” said Snyder. His response drew laughter and gasps from the audience, many of whom object to the billboard on the basis that it would distract drivers and make the busy intersection less safe.

Yes, remarkably there will be no safety expert called by Catalyst because they don’t think there is a safety issue for a digital billboard at the intersection Rt. 252 and Lancaster Ave! In my opinion (and in the opinion of many others) much of the widespread opposition to the digital sign is focused on safety! Also, it also did not escape many in the audience that the ‘expert’ witness Jesse White is a vendor employee of Catalyst! Certainly does not make that expert unbiased – he even admitted that his company Watchfire Signs would probably have the contract for this digital billboard, if approved!

The other crazy remarks came from Catalyst witness and employee Tim Earle who compared the proposed digital billboard with its constantly changing face to the gas price sign across the street at the 7-Eleven and to the sign at Conestoga High School! We can only hope that the so-called expert testimony of Earle will be thoroughly examined by the township attorney at the next meeting!

Although I was hoping that the Zoning Hearing Board meeting would resolve itself in one night – the good news is that the public will have a chance to be heard on July 9 and hopefully without the threat of a tornado keeping some home!

Susan Stein closed her article with a quote from me – it accurately sums up my feelings on this proposed digital billboard. Onward and upward to Tuesday, July 9!

After the hearing, Benson said, “The intersection of Routes 252 and 30 in Paoli is no place for a digital billboard. The bright, constantly-changing digital billboard is designed expressly to attract and hold the attention of drivers. I do not support a digital billboard at this location as it will promote distracted driving and affect public safety, especially given the extremely congested intersection.”

Say NO to Digital Billboards in Tredyffrin Township – Your VOICE Matters! Zoning Hearing Board Meeting, Wednesday, May 29 at 7 PM!

Zoning Hearing Board Meeting TONIGHT!

It’s time to focus on the important Zoning Hearing Board meeting coming up tomorrow, Wednesday, May 29, 7 PM at the Tredyffrin Township Building. Catalyst Outdoor appealed the denial of their application for the digital billboard at the intersection of Rt. 252 & Lancaster Ave in Paoli and now the case will be heard.

If you OPPOSE a digital billboard in Paoli, NOW is the time to stand up and be counted! Please plan to attend and share with neighbors and friends.

This is it folks — this meeting will determine the future of digital signs in Tredyffrin Township, your VOICE MATTERS and your attendance is critical!

Digital Billboard Appeal by Catalyst POSTPONED until Wednesday, May 29 – Now you can attend ‘Jefferson’s Daughters’ Lecture on April 25!

First, I must thank Matt Baumann, Tredyffrin Township’s assistant township manager for notifying me today (Sunday!) that the digital billboard appeal by Catalyst Outdoor has been postponed. Witness availability precipitated Catalyst’s request for the date change and a special Zoning Hearing Board hearing for the appeal is now scheduled for Wednesday, May 29, 7 PM. Please mark your calendars!

You may notice that additional BAN the Digital Billboard signs went up in the last view days in and around Paoli. Not anticipating that the Zoning Hearing Board date would be changed, here’s hoping that these signs will not be stolen during the next 30 days — we need them to stay up!

Sometimes things in life just happen the right way … I had been stressing about this upcoming Zoning Hearing Board meeting because it conflicted with Tredyffrin Historic Preservation Trust’s spring lecture also scheduled for Thursday, April 25. For 15 years, as president of the Trust I have never missed a lecture but yet knew that I had to attend the Zoning Hearing Board appeal.

I am so grateful that I can now attend this special lecture with author and Villanova University history professor Catherine Kerrison. Dr. Kerrison will present her latest book, ‘Jefferson’s Daughters’, the remarkable untold story of Thomas Jefferson’s three daughters — two white and free, one black and enslaved. (Click here for lecture flyer). And how great that the author is a Berwyn resident!

The lecture is Thursday, April 25, 7 PM Reception, 7:30 PM Lecture at historic Duportail House in Chesterbrook. Tickets are $15 and can be purchased on the Trust website, www.tredyffrinhistory.org Following the lecture, books will be available for purchase and signing by the author!

So glad that Catalyst postponed their Zoning Hearing Board appeal — this is a not-to-be missed lecture!

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