Pattye Benson

Community Matters

Pattye Benson

PA Voter ID Law: Can Court Battles be Far Behind?

Yesterday the Pennsylvania House of Representatives passed the controversial voter ID bill HB 934 with a vote count of 104 – 88. With Governor Corbett’s signature, Pennsylvania is now home to one of the toughest voter identification laws in the nation.

As expected, legislators cast their votes largely along partisan lines. Locally, Republican state representatives Warren Kampf (R-157) and Duane Milne (R-167) voted for the bill and Democratic state senator Andy Dinniman (D-19) voted against the bill. The law goes into effect today requiring all Pennsylvania voters to present a photo ID issued by state or federal government, a state university or a nursing home, when voting in national, state or local elections.

Rather than closing the chapter on the voter identification bill debate, the passage of this bill will undoubtedly open the floodgates to legal battles. This new voter ID requirement is going to cost Pennsylvania taxpayers more than the million of dollars to implement to address a problem that essentially does not exist. Legal challenges to the law are inevitable and those costly court battles will further tap taxpayer funds … in a year that cannot afford such expenses.

In two separate cases this week, we saw Wisconsin and Texas, involved in battles over their new state voter identification laws. In Wisconsin, Dane County Circuit Court Judge David Flanagan put a temporary injunction onWisconsin’s voter ID law. A trial to determine whether the injunction will become permanent is set for April 16. The temporary injunction means that the restrict law will not be in effect for Wisconsin’s April 3rd primary and elections. The US Department of Justice blocked the new photo-ID requirement for voters in Texas claiming that many Hispanic voters do not have the proper identification.

Proponents of Pennsylvania’s new voter ID legislation claim that the law is needed to combat voter fraud, although there was no indication of existing voter impersonation fraud in Pennsylvania, which is the only type of voter fraud this legislation would address.

No evidence of voter fraud plague found in Pennsylvania but we now have a law to prevent such an occurrence. Looks to me like Pennsylvania’s new voter ID law is a “solution without a problem”.

T/E School District and Teacher Union Contract Negotiation Honeymoon Period Over

The contract negotiations between the T/E School District and the T/E Teachers Union (TEEA) started in early January. What is the saying about the ‘calm before the storm’ – I had been thinking that the teacher contract negotiations must have been going well as everything was quiet.

In a Community Matters post, Expert Negotiators Named as TESD Teacher Contracts Talks Begin, dated January 28, 2012, I wrote the following:

“ … With a cooperative tone, both sides have issued their preliminary statements – the school board recognizing the quality and standard of the District’s teachers but reinforcing the severity of our economic times. And the teachers union proudly applauding the school district as one of the best in the state and stating their desire to work together through the contract negotiations…”

This week in the Tredyffrin-Easttown School District would suggest that I might have spoken too quickly. First, the T/E School Board publicly stated in a contract negotiation update on the school district’s website that ‘TEEA Negotiator Refuses to Discuss Healthcare Options”. The school district’s negotiator, Jeffrey Sultanik claims that TEEA “does not want any changes to the existing plan or premium share increases for the employee”. Sultanik suggests that the negotiator for the teachers union, Ruthann Waldie, refuses to budge on the healthcare issue. The school board has made it clear from the start that the teacher contract needs to focus on reducing healthcare costs. Having attended a number of finance committee meetings of the school district, the teacher’s benefits are routinely discussed, especially healthcare.

When the school districts’ negotiating team was named (Dan Waters, Sue Tiede and Art McDonnell in addition to Jeffrey Sultanik), I shared TEEA’s concern that there was no school board director serving on the negotiating team. The residents of TESD elected the school board members to serve them and at least one of them should be ‘at the negotiating table’. One of the school board directors, Kevin Buraks, is an attorney who specializes in the collection of unpaid real estate taxes in municipalities and school districts in Pennsylvania. Certainly, given his background, Buraks would have been qualified at the very least to participate as a contract negotiation ‘observer’. As far as I know (please correct me if I’m wrong) no prior contract negotiations in T/E school district ever occurred absent school board directors.

Soon after the school district posted the contract negotiations update on their website, TEEA fired back with a response that suggested the school district’s update is “a collection of factual inaccuracies, misinformation, mischaracterizations and personal attacks”. The response from the teacher’s union suggests a willingness and desire to negotiate issues … but at the bargaining table, not through press releases and websites, as the path that TEEA believes the school district has chosen.

Because there is no representation by the school board at the negotiation table, it is a bit like ‘whisper down the lane’. The information and updates that the school board receives are not through first hand attendance at the meetings, it is from one of the four members of the negotiating team. That’s not to suggest that the school district is intentionally misleading the public through its updates, but I would suggest that some of the nuances that occur in a meeting can be missed in the translation.

According to TEEA, the teachers union has presented a comprehensive set of proposals to the school district and are willing to discuss “the district’s finances, staffing levels, school calendar, health insurance, wages and all other important issues …”

As a taxpayer in this school district, I want to know that the contract negotiation updates are completely accurate … can the school board members provide that reassurance to the public. On the other hand, having attended a number of school district finance committee meetings, I also know that the current teacher healthcare benefits exceed much of what most of the residents of this school district receive themselves.

We are fortunate to live in one of the best school districts in the state and preserving that school system should be a priority to the residents, school district and the teachers. The new teacher’s contract needs to be line with our current economic reality. However, the negotiation process should be accomplished with a spirit of collaboration.

According to TEEA and the school district, there is no next negotiation session scheduled. I make a motion to move the contract negotiation process forward; do I hear a second?

PA Voter ID Bill: Costly and Unnecessary … How about Unconstitutional?

Amended House Bill 934, the vote ID bill passed the state Senate yesterday and is on its way back to the House. In a state where there are major budget shortfalls that are forcing reductions in many programs, how is it possible that there is money for this new government program – Pennsylvania voter identification legislation is unnecessary and unaffordable.

There is no evidence that there is fraudulent voting in Pennsylvania that showing a photo ID would solve. HB 934 will disenfranchise thousands of senior citizens, disabled, working poor and students. Not only will the bill eliminate voters from exercising their Constitutional right to vote, but also it would cost Pennsylvania approximately $4.3 million to implement.

Looking for another reason that HB 934 should not pass, how about unconstitutional? According to Steve Shapiro, an attorney and Judge of Elections for Tredyffrin W-1, House Bill 934 violates the Pennsylvania Constitution. Please read the following comment that I received from Steve:

Two things happened this week relating to this issue. First, the Senate yesterday passed an amended version of HB 934, which will now return to the House, where it almost certainly will pass. According to news reports I’ve read, Governor Corbett likely will sign the final bill into law. Second, on Tuesday, a state court Judge in Wisconsin enjoined Wisconsin’s voter identification law because, he held, it likely violated the Wisconsin Constitution (http://media.jsonline.com/documents/Voter+ID+injunction.pdf).

The Wisconsin opinion led me to look at the Pennsylvania Constitution and, sure enough, it appears that HB 934 violates Article VII, Section 1 of the Pennsylvania Constitution. The email below, which I sent to Representative Kampf last night, explains why:

“Warren,

I understand that HB 934, as amended by the Senate, is on its way back to the House for a vote. I am writing to express my grave concern that the proposed law would violate the Pennsylvania Constitution.

Article VII, Section 1 of the Pennsylvania Constitution provides that: “Every citizen 21 [now 18] years of age, possessing the following qualifications [relating to citizenship and residency], shall be entitled to vote at all elections subject, however, to such laws requiring and regulating the registration of electors as the General Assembly may enact.”

As I understand this provision, any qualified voter (i.e., a citizen that meets the residency requirements) who has registered pursuant to the registration laws enacted by the General Assembly has a Constitutional right to vote. HB 934 would prohibit a registered voter who meets the qualifications set out in the Pennsylvania Constitution from voting if he or she does not have proper identification. As such, it would appear that the proposed law would violate the Pennsylvania Constitution, and I am concerned that, if HB 934 is enacted, my fellow poll workers and I will be required to enforce a law that infringes the Constitutional rights of our neighbors.

I urge you to look into this issue before voting on the bill.

Thanks.

Steve Shapiro
Judge of Elections, Tredyffrin W-2″

Thank you Steve for your thoughts on HB 934. If you are concerned about the voter identification bill and wish to contact State Rep Warren Kampf, his email address is: Wkampf@pahousegop.com

Removal of Wawa and Apartment Building from Richter Development Plans

Still in the early stages of discussion, we do not know where the proposed Trout Creek Overlay District zoning ordinance change and the development of the Richter property will ultimately end. My last post contained details from the long public hearing and as part the follow-up, the potential developer Joe Duckworth met with a small group of nine local Glenhardie community members. To assure transparency and to allow maximum community input, other interested residents were invited to attend the meeting held at the township building.

Many of the resident comments at the public hearing focused specifically on the ongoing township stormwater issues. The Trout Creek Watershed Overlay District ordinance would permit additional redevelopment usages on large properties in the Trout Creek Watershed in exchange for much-needed stormwater facilities help. As follow-up to the public hearing, there is a community meeting Thursday, March 8, 7 PM to discuss stormwater and flooding problems along Trout Creek – Township Engineer Steve Burgo will present the township’s 2010 study of the watershed and recommendations for improvement. The public hearing for the proposed zoning ordinance amendment continues at the next Board of Supervisors Meeting, Monday, March 19 at 7:30 PM.

Beyond stormwater issues, there was much discussion about the possibility of a Wawa or a large apartment complex that the proposed zoning ordinance would permit. Some of the residents asked specifically that ‘retail with accessory gas’ and ‘apartment house’ usage be removed from the zoning ordinance amendment language of the Trout Creek Watershed Overlay District.

For those opposing a Wawa or apartment building on the Richter property, there is good news to report!

The proposed developer for the project, Joe Duckworth, contacted me for an update. As I said in my last post on Community Matters, “I have found Duckworth to be very community-minded and responsive to all questions and concerns related to the development of the Richter tract” and this continues to be the case. Duckworth explained, that based on the community input at the public hearing, he immediately reached out to the Board of Supervisors to suggest that the gas station and apartment building usage be removed from the proposed zoning ordinance amendment for the Trout Creek Watershed Overlay District. Those usages will be removed in the revised amendment and Duckworth presented this new information to the residents at the follow-up community meeting. For the record, Duckworth says that a Wawa was not a consideration by Arcadia Land Company for the Richter property.

With Wawa and apartment building out of the proposed zoning ordinance change, the majority of the 30-35 Glenhardie residents who attended the community meeting, are OK with the Richter development plans for carriage houses and townhouses. But what’s the saying about not being able to please all the people? Duckworth explained there remain a couple of residents who are opposed to development project regardless of the removal of the Wawa and apartment building.

We discussed Duckworth’s plans for the Richter site; carriage houses and townhomes sound like they could provide a great option for Tredyffrin residents, particularly for those wishing to downsize for their large single-family homes but remain in the community. The carriage house concept with the master bedroom on the first floor has become a popular feature sought among the retiring baby boom generation. I have heard of several local residents who are already planning a move when the carriage homes are built.

According to Duckworth, the total number of carriage houses and townhomes in the proposed development will be around 120, although the breakout between the design types is not known at this time. Pricing for the carriage houses will probably be mid-$500K and townhouses in the $400K range. Duckworth confirmed that the entrance to the project would be Old Eagle School Road not Walker Road. With entrance to the proposed development off Old Eagle School, I voiced concern for the Valley Friends Meeting cemetery, which could be close to the new driveway. Duckworth reassured me that he was very aware of the situation and appropriate buffering and landscaping would be included in the plan to protect the cemetery.

The Richter property was one of 10 locations named in the 2010 Trout Creek Watershed Study and Stormwater Management Practice Analysis for stormwater best management practice in the township. The study suggested a 6-8 acre stormwater basin and Duckworth confirmed that his Richter plan sets aside 8 acres for the basin. According to Duckworth, the cost for the township to construct this large stormwater basis would be approximately $1 million plus the additional cost of land acquisition. Were the township to purchase the property and construct the stormwater basin, the costs would be several million dollars. As part of the Richter land development project, Arcadia Land Company rather than the taxpayers absorb these stormwater costs.

Without a Wawa or an apartment building in the Trout Creek Watershed Overlay District zoning ordinance amendment, the continued public hearing on March 19 will probably be less contentious. Although the Richter land development project is only in the early stages of the planning process, it looks like a community-minded developer may be the key to its success.

Will Latest School Gun Violence in Ohio Make a Difference for PA House Bill 1523?

Today in Ohio, there are families making funeral arrangements for three children who died at the hands of another high school student allegedly using a semi-automatic gun stolen from an uncle’s home. This senseless tragedy once again points to why this country needs stricter gun control laws.

Young lives lost and families forever changed. Where is the outrage over this latest school shooting and national demand for stricter gun legislation? How many of our children have to die because of handgun abuse and assault weapon ownership? Yet, the pro-gun activists will continue to argue against any laws that may place regulation on their gun ownership; defending their firearm rights at all costs.

Will the tragic shooting at Chardon High School– which left three teenagers dead and two others hospitalized – encourage gun reform in America? Doubtful. For a few days as the shooter’s motives are analyzed, his childhood reviewed and his family scrutinized, there will be national attention and a renewed debate overAmerica’s gun laws.

For those of us that want stricter gun controls in this country, we can hope that the national discussion will lead to change, but as we saw in the aftermath of the high-profile shooting of Rep. Gabrielle Giffords, that probably will not happen. Although gun-reform legislation was introduced in Washington in the wake of Giffords shooting, it was never considered.

Do we really believe that is what our founding fathers had in mind when they wrote the second amendment of the US Constitution? The amendment was designed to protect the right of the people to keep and to bear arms but could the writers have imagined the America of 2012? A country that protects the rights of Americans to own semi-automatic guns and assault weapons.

In a couple of weeks, our state house legislators will have the proposed PA House Bill 1523 on their agenda for discussion. HB 1523 would penalize cities and towns across Pennsylvania for their commonsense reform that supports keeping illegal guns off the streets. As amended, proposed HB 1523 legislation grants legal standing to the NRA, allowing the pro-gun organization to sue local municipalities with lost-or-stolen gun legislation, just like individual gun owners.

Illegal guns should to be off the streets of America– lost or stolen guns need to be reported. This week, a 17-year old shooter in Chardon, Ohio used a stolen semi-automatic gun to kill three high school students. Our children should be safe in their schools. According to Kid Shootings, over 3,000 kids are killed annually by gunfire and 17,500 are injured . . . every day eight children die from gunshot injuries in this country. Where else in the world does this happen – only in America.

Will the latest school gun violence in Ohio, make a difference in the minds of Pennsylvania legislators as they review proposed House Bill 1523?

Boy Scout’s video of Paoli … Hometown challenges as seen by our children!

Down around the corner
A half a mile from here
You can see them long trains run
And you watch them disappear
Without love
Where would you be now
Without love . . .

~ “Long Train Running”, Doobie Brothers

“Long Train Running” is a song written by musician Tom Johnston and recorded by The Doobie Brothers in 1973. Four decades later, the song provides the background music for a special video produced by a talented 12-year old township resident. A seventh grader at Valley Forge Middle School, Michael Pacca is the son of Bob and Tara Pacca and lives in Paoli.

Michael is a Boy Scout and a member of Paoli Troop 1; one of the oldest Boy Scout troops in the United States and the oldest continuously active troop. Originally founded in 1911, out of the Church of the Good Samaritan in Paoli, the troop has since moved to 20 acres in Wayne.

As one of the steps to becoming an Eagle Scout, Michael worked on his Citizen in the Community merit badge. The final of eight requirements for this merit badge, Michael needed to:

“Develop a public presentation (such as a video, slide show, speech, digital presentation, or photo exhibit) about important and unique aspects of your community. Include information about the history, cultures, and ethnic groups of your community; its best features and popular places where people gather; and the challenges it faces. Stage your presentation in front of your merit badge counselor or a group, such as your patrol or a class at school.”

Boy Scout merit badges give scouts the opportunity to investigate around 120 different areas of knowledge and skills. The merit badge program plays a major role in the scouting advancement program and participation can begin as soon as a scout registers with a troop. Each scout can explore topics from American Business to Woodworking as he has interest. To reach Eagle rank, a scout must complete at least 21 Boy Scout merit badges listing them in his handbook, 12 of which come from the Eagle-required badge list – the Citizen in the Community merit badge is on the required list.

To fulfill the Citizen in the Community merit badge requirement, Michael created a video about his hometown – Paoli. Michael spent several hours taking photos of Paoli and the surrounding area, and then created a video with the music ‘Long Train Running’ as the backdrop. After watching the video several times, it is clear that Michael not only accomplished the assignment but also far exceeded the requirements in level of quality and creativity.

Michael’s video is important on a number of levels; it highlights the talents of a creative young mind and fulfills a requirement for a wonderful organization, Boy Scouts of America. However, beyond that, this is a video that I encourage everyone to watch. It may be only four minutes long but as the music fades out, there is such poignancy to the photos as seen through the lens of young man’s camera.

The condition of the train station and the vacant storefronts do not escape the eyes of our children . . . this is their hometown.

I was struck how Michael accurately captured the “challenges that the community faces” in his video. When asked what he thought was the ‘greatest’ challenge facing Paoli, his response, the “train station”. What businesses would Michael like to see filling the empty storefronts along Paoli’s Lancaster Avenue – a movie theater and an ice cream store! A 12-year old response but an answer that many of us could agree with.

A budding movie maker and a talented musician, Michael chose the Doobie Brothers background music himself, thinking that the ‘Long Train Coming’ song just suited Paoli and its train station.

I was overwhelmed by Michael’s photography skills … the depth in the images and a gift for composition and perspective that truly belies his young age. In fact, I was so impressed by his talents that I signed him up as one of the official Paoli Blues Fest photographers – he then tells me that he can create a blues fest video from the photos! What a great kid!

Michael plans to continue making movies – he and his friends have future ideas for making other videos, including scripts, costumes, props, and sound effects. Based on this and other videos that I have seen by Michael, all I can say is Steven Spielberg had better watch out!

Michael Pacca of Paoli, PA – video click here.

Assisted Living Facility . . . A Good Fit for a Decaying Former Catering Business

Since attending this week’s meeting between the developers for the Jimmy Duffy’s project and the neighbors, I have received a number of calls and emails. Some township residents have thanked me for my support and “thoughtful’ articles while others have questioned ‘why’ I am involved; reminding me that it is not my backyard. Several attendees of the meeting called or wrote to say that my account of the meeting was accurate but I also received remarks that I did not provide a balanced view of the redevelopment plan.

First, I have to accept that I will never please everyone. That said, Community Matters represents my thoughts and opinion of an issue; I am not a paid newspaper reporter nor do I receive any revenue from advertisers. Whether it is attending a community meeting for a proposed redevelopment project, a facilities subcommittee meeting of the school district, or responding to a resident’s email or phone call asking for my help – it’s just what I do, whether it is my backyard or not.

As for the proposed redevelopment project for the Jimmy Duffy’s site – let me re-state clearly, that I support Capital Health Services proposal for a residential care-assisted living facility at this Lancaster Avenue location. I understand that there will be many opportunities for public discussion as this project moves through the extensive planning and township approval process. It is assumed that all issues or questions from neighbors concerning traffic, lighting, trash removal, landscape buffering, etc. will be addressed as the plans progress.

At the meeting, a question arose as to how an assisted living facility would affect local property values. Based on one resident’s account of theft of copper from the old catering building and observations of vagrants around the property, I think this proposed redevelopment project would add favorably to the real estate values of neighboring residential properties.

As I told one resident after the meeting, unlike a fast food restaurant or a typical office building, an assisted living facility will need to have upscale, resort-type landscaping to increase the curb appeal and desirability for prospective tenants. Another advantage to the local residents is the proposed project will include increased storm water management requirements.

Answering a question about the resident rental rates for the proposed facility, the developer indicated the cost at $4-9K per month, depending on size and whether single or double occupancy. I don’t know what these kind of units generally rent for in the area, but this sounds very upscale and will certainly attract the kind of residents that we would all like to have as neighbors. In addition, there is the extra bonus of bringing in a population that is not likely to disrupt the current local residential community.

I still stand behind my previous articles on the Jimmy Duffy redevelopment project. As I indicated, there have been discussions with the township in regards to this project and presentations to the Planning Commission dating back to September and October of last year and to the Board of Supervisors as recently as last month.

An assisted living facility is an excellent use for the old Jimmy Duffy building and would be a welcomed replacement for the decaying former catering building. In addition, a residential care option would provide a way to utilize this property in a way that still brings a residential flavor (versus commercial) to the neighborhood. However, to maximize the potential for a successful redevelopment project, it is very important for the developer to keep those most affected by the proposed project – the residential neighbors – fully engaged and informed in all aspects of the process.

Which came first, the chicken or the egg?

Attending last night’s meeting between the Daylesford Neighborhood Association and the developers of the former Jimmy Duffy’s catering site was interesting. Representing the applicant for the project was Gerard Farrell, partner and general counsel for Capital Health Services along with the project’s attorney Denise Yarnoff and the developer Ed Morris of Morris Realty Advisors.

For the first hour plus, most of the 50+ neighbors listened intently as Ed Morris spoke of the planned redevelopment project, a residential care – assisted living facility. Morris repeatedly described the project as ‘beautiful’ and presented an aerial view of the proposed structure, the parking, neighboring buildings – the Vetcare on one side, a large office building on the other side and to the rear the Larkin’s residential property.

The focus of the questions was primarily centered on traffic concerns. Although Morris attempted to assure the residents that traffic from the proposed assisted living facility would enter and depart from Lancaster Avenue, many in the audience were not believers. From the rear of the Duffy property, there is an emergency exit onto Pennsylvania Avenue, which residents report is routinely used by employees of the adjacent office building. Pennsylvania and Glenn Ave. are quiet suburban township streets and residents suggest that there will be increased traffic due to shift changes of the workers employed by the assisted living facility.

In addition to the traffic concerns and the suggestion that perhaps, that Pennsylvania Avenue could somehow be blocked for use by the assisted living employees, other concerns surfaced including privacy issues, lighting, height and size of structure, parking, trash and trash removal, landscaping, etc. For the most part, the representatives for the proposed redevelopment project, did a good job of explaining and convincing the residents that they were listening to their concerns and delivering assurance that they will ‘work’ together with the neighbors for satisfactory solutions.

As I said, for the first hour plus, the presentation was going well and I thought most people were buying in to the project. I thought Morris sincere in his response to resident’s questions and concerns. In fact, satisfied by what they had heard, some residents began to leave the meeting. About this time, Trisha Larkin (the neighbor whose property is closest to this proposed redevelopment project) makes a statement that suggests Morris has not been entirely forthcoming or upfront with residents; and that this proposed redevelopment project has been going along for sometime without their knowledge. Morris would have been well served to say nothing but unfortunately, he decided to spin the story, claiming that a recent article [Community Matters] was incorrect and that he had not been to the township in regards to this project, etc.

I have never met Ed Morris and he obviously does not know who I am but there was no way I was going to sit there and let him suggest that I somehow misrepresented the redevelopment project in Community Matters. I explained to him and the audience, that I was the writer and that the information contained in the article was entirely accurate. The quotes contained in the article came directly from the meeting minutes of September and October 2011 Planning Commission meetings and the January 2012 Board of Supervisor meetings, which indicate discussion of the Jimmy Duffy redevelopment project and presentation of sketch plans. (If you click on these links, you will see that the redevelopment project was formally presented to the Planning Commission along with sketch plans – the meeting minutes speak for themselves.)

This twisting or stretching of the facts by Ed Morris is obviously what has troubled the Larkin’s, and probably the reason that Trisha Larkin took up the cause to inform her neighbors of this project. In a matter of a couple of minutes, I went from completely supporting Ed Morris and his redevelopment plans, to fully appreciating the concerns of the neighbors.

For the record, I support an assisted living facility as a good use for this site, especially given all the far more invasive types of buildings that could go there, fast food, restaurant, bar, etc. I just wish that the developer had not turned a positive meeting with the neighbors into a situation that left me questioning his sincerity.

As I said yesterday on Community Matters, to maximize the potential for a successful redevelopment project such as what is being suggested for the Duffy site, it makes good business sense for the developer to engage and get ‘buy-in’ from those most affected – the neighbors. What I should have added is that this ‘buy-in’ from the most affected – the neighbors, needs to be with honest and open discussion from the developer.

Jimmy Duffy Redevelopment Project … Assisted Living Facility

The old Jimmy Duffy’s catering facility has sat empty on Lancaster Avenue in Daylesford for several years. It is an odd-looking building that previous owners added on to as their catering business grew.

Wedged between the Paoli Vetcare and a large new office building, the Duffy property has seen its share of redevelopment interest over the years. Back in 2006, Arc Wheeler proposed a townhouse community, ‘Station Square’ that would stretch along Route 30 between Glenn Avenue and Longcourse Lane in Daylesford. The plan was to take fourteen existing single-family homes plus Duffy’s and turn them into 150+ residential units plus retail space. The plan created much backlash from the local Daylesford homeowners and many heated discussions, the developer decided against further pursuit of that project.

Since Arc Wheeler’s redevelopment plan for the Duffy property, several years went by without any new suggestions for the site. Then last fall, I was at Planning Commission meetings in September and October when a sketch plan for the property by the applicant, Capital Health Services was presented. The plan would redevelop the former banquet hall into a residential care – assisted living facility. For the record, the September and October 2011 Planning Commission meeting minutes indicate that the applicant had spoken with Daylesford neighbors of the Duffy property.

As explained at the Planning Commission meeting in October, the proposed assisted living facility would require a zoning ordinance change. The current C1 zoning district of the Duffy property does not permit an assisted living facility nor does it allow for a 5-story structure. The interesting point is the Planning Commission minutes in October reflect the following, “Denise Yarnoff, Esq., representing the applicant, stated that the applicant had met with neighbors of the proposed facilities and the project type and proposed building heights have been well-received.”

On January 3, 2012, the township supervisors received an update on the Duffy property from a Planning Commission representative on the proposed redevelopment plans for a 5-story assisted living facility. The January Board of Supervisor meeting minutes reflects the following, “The developer has had favorable response from the neighborhood behind the site and has not received any neighbor opposition.” The minutes also state that supervisor “DiBuonaventuro added that there have been no negative comments or resistance from the community for this proposal.

I remember thinking as I attended the fall Planning Commission meetings and the January Board of Supervisor meeting that it was surprising that no Daylesford homeowners attended either to show support for the project or to voice concern. How was it possible that the local Jimmy Duffy neighbors who had loudly opposed the townhouse project a few years ago, were now quiet and accepting of the proposed plans and required zoning changes? Well, the answer is that until about three weeks ago, many of the Daylesford homeowners had no idea of the Capital Health residential care – assisted living project.

As this redevelopment plan has moved through the Planning Commission and to the Board of Supervisors for discussion, at least some of the immediate neighbors to the project were not notified; although the project applicant and their attorney stated otherwise. Not only was it stated that the neighbors were notified, the applicant gave the impression that the neighbors were supportive. Although at both the Planning Commission meetings and the January Board of Supervisor meeting, it was stated that neighbors were contacted and the project had their support, I have received emails and phone calls from members of the Daylesford Neighborhood Association that would say otherwise.

I am a proponent for redevelopment and certainly Jimmy Duffy’s vacant building, now owned by the bank, is a prime location for such a project. To maximize the potential for a successful redevelopment project such as what is being suggested for the Duffy site, it would make good business sense for the developer to engage and get ‘buy-in’ from those most affected – the neighbors.

Because the existing support (by the neighbors) for the Duffy redevelopment project may have been somewhat ‘stretched’ by the applicant and his representatives, the neighbors are now upset and do not understand how the project could be so far along without their knowledge. A zoning ordinance change requires notification to local neighbors but proposed plans to the Planning Commission do not. (It should be noted that a residential care – assisted living facility is not currently a permitted use in C1 zoning district.)

The neighbors have many questions about the proposed facility and zoning change – height of building, footprint of the structure, lighting, screening, traffic, etc. As an example of the frustration, the Larkins home on Pennsylvania Avenue sits directly behind the Jimmy Duffy site and the owners were never notified of this project. A few trees and a splint rail fence is all that separates the Duffy building from the Larkins property. Last summer the Larkins added a swimming pool to their backyard, which may now by in the shadow of this proposed large assisted care facility. It is easy to understand their concern if this redevelopment project has patient windows overlooking their family backyard activities.

But this is not just about one family, and their possible loss of privacy. The project needs to be fully vetted by the community members that will be most affected by the proposed zoning change required in this redevelopment project. It’s not to say that the project cannot move forward but it needs to be with the full knowledge and understanding of the plan by the Daylesford homeowners.

Ed Morris of Morris Realty Advisors, developer for the proposed Jimmy Duffy redevelopment project is meeting with the homeowners and interested members of the public tonight, 7-9 PM at the Carriage House at the Upper Main Line YMCA.

————————————————————————————

An update on the C1 zoning district change that would be required to permit a 5-story building at the Jimmy Duffy site — It is my understanding, that Ed Morris has notified one of the Daylesford homeowners that he is reducing the height of the proposed structure to comply with the current C1 zoning height restriction.

The initial proposal indicated the structure having four stories in the front (Lancaster Ave) and due to the slope of the property, five stories in the rear. The communication from Ed Morris to one of the neighbors indicates that he has “eliminated a floor’ which is assumed to mean four stories in the back (the side that impacts the neighborhood) and three stories in the front (Lancaster Ave).

The Revolution in Chester County. . . Technology Helps Shed New Light on Local History

History Buffs . . . Don’t miss this opportunity!

“A Fortnight in Chester County:
The American Revolution in our own Backyard”

~ with Sean Moir, Guest Lecturer

Thursday, February 23

Lecture: 7:00 PM

Tredyffrin Public Library
582 Upper Gulph Road
Strafford, PA 19087

Cost: Free
Info: 610.688.7092, ext. 206

What can technology tell us about the troop movement through Chester County during the Revolutionary War?

Follow the movements of the British and American Armies, hour by hour, through the Battles of 1777 – A unique electronic map brings the battles of Brandywine and Paoli to life!

Sean Moir, Chester County GIS analyst and historic researcher, will present an animated map of Revolutionary War troop movements in Chester County and Tredyffrin Township as part of the Fall Trust lecture series. The lecture will discuss the multi-award winning county project, sponsored by the National Park Service and the American Battlefield Protection Program (ABPP), which included the researching, mapping, and animating of the 1777 Philadelphia Campaign conflicts, specifically the Battle of Brandywine and the Paoli Massacre.

A Tredyffrin Township resident, Sean combined his software and GIS skills with his personal interest in history to create groundbreaking animated battle maps which he has presented to audiences across the region. In addition to the military element, the project included heavy emphasis on mapping the cultural landscape of the 18th century upon which the fighting and marching occurred. The research helped to produce an 18th century road map of the region. With the help of countless volunteers, the project is driving the completion of fourteen municipal historic resource surveys for the Chester County Historic Resource Atlas project.

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