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A Messy Zoning Hearing
[Posted January 27, 2008 ]
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In February, the Zoning Hearing Board will hear an appeal from a South Walnut Street
property owner who wants "a temporary variance until May 31, 2008
to allow the two unit building to be used as student homes." It
doesn't take a lawyer to figure out what this means. Someone got
caught renting to students without a valid permit, and now he
wants permission to let them stay in the house until the end of
the spring semester.
With the Borough coming up on six years since the Student
Home Ordinance was approved, this kind of case has become fairly
rare. A year ago, there was one case involving another house on
S. Walnut Street that was turned down, there were three such
cases in 2006 (one of which was approved, but only until the
current owner sells), none in 2005 and two in 2004.
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According to documents on file at the Borough's Department of
Building, Housing & Codes Enforcement (DBHCE), this case is
unusual. The owner, Douglas Nowak, is arguing that he rented to
students because 1) the seller stated in writing on the Agreement
of Sale that students were permitted, and 2) because until Nowak
bought the place, he lived there for three years along with other
students. In other words, Nowak bought the two-unit rental
property from his landlord after he'd been living there illegally
for years with other students, and assumed that he could continue
to live in one unit while renting out the other to students.
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The ground floor at 206 S. Walnut Street
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The house is located at 206 S. Walnut Street. In July 2007, he
bought it from Robert J. Spaziani for $335,000. Spaziani bought
the house back in 1977, and according to Chester County records,
still owns the house next door and one across the street. In
recent years, he has owned at least nineteen separate properties
in the Borough, either in his own name or in that of his beer
distributor, Spaz Beverage Company.
DBHCE records paint an ugly picture of 206 S. Walnut Street
during Spaziani's tenure. The file is fat with complaints about
the condition of the property, noise violations, tenants cited
for disorderly conduct, failure to obtain permits, overcrowding,
and an astounding number of trash violations. From the time that
Nowak, a 2005 WCU graduate, bought the property last summer, the
file shows no activity until the DBHCE officials noticed that the
property had been sold and no one had applied for new rental
permits. They notified Nowak that he needed to obtain a permits
or else confirm that he was no longer using the property as a
rental, and when Nowak came to get his rental permit in early
November, he asked for a student rental permit. That's when the
DBHCE staff stopped him and notified him by certified letter to
cease renting to students.
The violation letter granted Nowak thirty days to comply --
enough time for his tenants to finish their semester exams and
look for a new place to live. Instead, Nowak waited until the
deadline before filing his appeal on December 21, 2007, and then
asked for a "temporary variance" to keep his tenants for the
spring semester. He blamed the violation on the
"misrepresentations of my seller" who told him that the property
was "zoned for student housing as a condition of sale" and "in
compliance with the zoning regulations of the Borough of West
Chester." Nowak provided a copy of the Agreement of Sale signed
by Spaziani, which included a handwritten clause that stated
"occupancy by up to 4 students allowed in both units."
According to the official WCU calendar, the last day of
spring classes is on April 30, final examinations end on May 9,
and graduation is on May 10. Nowak is asking to keep his tenants
until May 31, which should give them plenty of time to finish up
and move out. On Monday February 11, the Zoning Hearing Board
will decide whether they will get it.
Postscript: The Zoning Hearing Board granted Nowak
permission to keep his student tenants under the end of the
spring 2008 semester.
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Too Many Bridges and Not Enough Dough
[Posted February 3, 2008 ]
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For anyone who is awaiting the extension of the US Route 202
reconstruction south to the Borough, the message from PennDOT
Deputy Secretary James Ritzman is not a good one: there are
roughly 6,000 bridges in Pennsylvania that are structurally
deficient, and at current spending rates -- $1.7 billion per year
-- it will take 17 years to fix them up. Of course, that assumes
that none of the other 19,000 bridges in the state deteriorate.
Ritzman delivered his remarks at a training session for newly
elected municipal officials offered by the Pennsylvania League of
Cities & Municipalities in Harrisburg this past weekend. Four
members of Borough Council attended: Cassandra Jones (Dem, Ward
2) and Jim Jones (Dem, Ward 6), both of whom joined Council in January, and
Susan Bayne (Dem, Ward 4) and Chuck Christy (Dem, Ward 3), newly
elected president and vice president of Borough Council,
respectively. Ritzman delivered the bad news during a session
that introduced Council members to representatives of the
departments of Conservation & Natural Resources, General
Services, Environmental Protection, and Local Government
Services.
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Ritzman noted that with the enormous backlog of deteriorating
roads and bridges in the state, finding the money for expansion
or new construction is difficult. Officials from all over the
state agreed that PennDOT highway projects are critical to the
success of local government, since they not only provide jobs,
but they also address some of the most common complaints from
their constituents. Officials from municipalities along the US
Route 611 corridor (Jenkintown/Willow Grove area) expressed
relief that PennDOT has already purchased the land for an
expansion of that road, since they hope that will force PennDOT
to go through with the project. Officials along the US Route 202
corridor between King of Prussia and the Delaware state line were
less optimistic. Although the project won approval in the late
1990s, the first stage was completed in 2003 and a second stage is currently
underway, the last two stages are not expected to be finished
before 2020. That gives plenty of time for things to go wrong.
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Sign pointing to some of the roads maintained by PennDOT
in our region
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From one perspective, something went wrong between seventy-five
and a hundred years ago. Many of the state's failing bridges and
roads were built at a time when Pennsylvania was one of the
richest states in the country thanks to its coal, steel and
railroad industries. The strong economy nourished the belief in
progress and provided the funding to construct the necessary
infrastructure. Economic decline that began after World War II,
coupled with the cost of cleaning up environmental damage from
earlier successes, plus decades of politicians who ignored the
deterioration so they coul claim that didn't raise taxes, left
Pennsylvania without the means to maintain its infrastructure of
roads, rails and bridges. In a sense, Pennsylvania "overbuilt"
its infrastructure in the twentieth century, and now PennDOT
doesn't have enough money to maintain it.
That leads WJCIM to wonder if the
same thing is occurring right now in the oil-producing countries
of the Persian Gulf. Although a place like Abu Dhabi can
construct highways, hotels and shopping malls equipped with the
world's finest air-conditioning, that kind of "progress" will
only remain viable as long as the oil keeps flowing. Like
Pennsylvania's coal industry, the oil industry will not last
forever, and when it starts to fail, another region will be left
with infrastructure that it can't afford to maintain.
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West Chester's on the Map!
[Posted February 8, 2008 ]
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The headline repeats a theme that has become commonplace these
days -- everyone knows about West Chester, the town that even got
an award for its parking garage. But the newest form of
recognition for West Chester puts it into a fairly select group
of the world's urban communities -- Google Maps now offers the
ability to cruise the streets of the west side of town from the
comfort of your computer workstation.
Don't try this without high-speed Internet access, however.
When WCJIM first heard about it several months ago, he took a
look with his dial-up connection and saw something that looked
interesting, but he didn't really get the full effect.
Fortunately, a neighbor with a huge flat screen monitor, high-
speed connection and gourmet coffeemaker provided a demonstration
the other day, and the results were worth writing about.
First, you go to
Google Maps. You know you're in the right place when you see
the words "Explore neighborhoods at street level -- virtually."
Next, click on the button that reads "Go to Street View" and type
in "West Chester" in the "Search Maps" address bar. If you want,
you can put in a specific street address, like "411 W. Miner
Street" and the software will head there. Otherwise, you'll get
a map of West Chester with controls that allow you to shift in
all four directions or to zoom in and out.
You'll notice two icons on the map. One is a green triangle
which pinpoints your chosen location. The other, a little orange
figure, will appear if a "Street View" is available. To see
which streets offer "Street View," click on the button by the
same name and notice with streets have blue borders. If you
click on the orange figure, a new window will open up that offers
a photograph of the property.
Here's where it gets interesting. You can "drag" the photo
left, right, up or down to "look" around. If you look down,
you'll see the roof of the black automobile on which a
specialized camera was mounted and used to collect the image data
that makes up "Street View." Apparently, Google mounted a multi-
lens camera on the roof of a car and paid someone to drive it
around the streets and alleys on the west side of the Borough.
If you look down the middle of the street, you'll see a
yellow line with arrow heads that let you "move" in either
direction along the street by clicking on them. By following the
yellow line to an intersection, and turning left or right, you
can "drive" around the Borough.
Everhart Park, viewed from S. Brandywine St.
You can also zoom in on things along either side of the
street as you go along. Thus, you can clearly see individual
houses and zoom in on details like house numbers, bicycles laying
next to the house, names on commercial vehicles parked along the
street. In a few cases, you may even recognize someone walking
along the street, although based on the foliage, the images were
made last summer, so they are long gone by now. In other words,
you will be able to see a 360-degree snapshot of the Borough as
it appeared last summer, not a real-time view of how it looks
today.
Who's that jogging past Everhart Park?
Knowing how concerned most of us our about our privacy, WCJIM
tried to zoom in on his own house to see if Google would grant a
peek inside the house. The answer was "no" and the reason is
simple: in an outdoor photograph taken on a bright summer day,
the interior of a house is too dark to show any detail.
What use is all of this, other than to enhance the Google
brand name? Real estate agents are probably adding it to their
on-line listings as you read this, since they've been using 360-
degree interior views for a number of years already. But last
night, WCJIM found a use for it after he got a phone call from a
friend in another country. Instead of trying to explain how he
gets to work, WCJIM sent directions in an email and told his
friend to use "Street View" to follow the route. That was a lot
easier than emailing a video of the route over a dial-up
connection, and it means WCJIM can delay his purchase of high-
speed Internet access a while longer.
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Public Safety Committee News
[Posted February 13, 2008 ]
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At the February Public Safety Committee meeting, Council members
heard a presentation on a proposal to create a shuttle bus system
that would take some late-night pedestrians off of the Borough's
streets. West Chester University students Erik McKee and Jared
Savitski described their "Borough Transit Company" which intends
to provide "a hassle free transportation means in which our
customers can take pleasure in all the benefits of safety and
reliability while enjoying their experience."
McKee, a Business Management student from Newtown (near
Quakertown), and Savitski, a Criminal Justice major from Coal
Township (north of Harrisburg), are both scheduled to graduate
from the University in May. They have incorporated a
"transportation and engineering company" in Chester County called
Paradise Transit, Inc. and presented copies of a business plan to
offer transit services in and around the Borough.
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Specifically, McKee and Savitski want to offer a 35-seat
"trolley-style" shuttle bus to serve three kinds of passengers.
One group includes tourists and charter groups who want to visit
nearby attractions like Longwood Gardens. A second group
consists of University staff and students who commute to and from
campus. McKee and Savitski also mentioned that they are
considering a route to connect students with shopping centers in
West Goshen township.
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The "Borough Transit" proposal would compliment the
University's regular shuttle, which transports students and staff
between the North and South Campuses during the day and early
evening.
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They identified their "most challenging customer segment ... [as]
... students at the University of West Chester Pennsylvania."
For this group, one of their goals is to "lower the incidence of
non-traffic citations associated with the patrons of West Chester
borough's bar and restaurant environments" by offering a shuttle
on Thursday, Friday and Saturday nights to convey WCU students
back and forth between the Town Center and their homes on or near
the WCU campus.
Council members asked questions about the route and funding
sources. McKee and Savitski admitted that they had not yet
worked out the details of the route, but acknowledged the
problems associated with late night bus stops in residential
neighborhoods, and promised to avoid some of the problems that
led residents to complain about an earlier attempt by WCU to
operate something called the "Safety Shuttle." They offered more
ideas about potential sources for funding including state and
federal grants, the University, and a fee structure that offered
passengers monthly or single-night passes.
Council took no action since none was requested, and for the
moment, McKee and Savitski are in a holding pattern while the
Pennsylvania Public Utilities Commission considers their
application for an operating license. This discussion led
smoothly into a conversation about the recommendations of the University Area Neighborhood Task
Force. The Committee identified those that can be addressed
by Borough Council and assigned most of them to the Public Safety
Committee for discussions on how to implement them. Some items,
like modification of the Town-Gown Committee, will be left to
West Chester University to implement, and one item, "supporting
the recommendations of the Pennsylvania
Economy League Study" (regarding the financial impact of
hosting a university) will be assigned to the Borough's Finance
Committee.
In other Public Safety Committee action, the members
recommended that Council approve an agreement made by neighbors
concerning E. Evans Street between E. Chestnut and N. Franklin
Streets. Neighbors agreed to leave the direction of travel from
east to west unchanged, and to continue to allow parking along
both sides of the street. The Public Works department will add a
stop sign that they requested.
Another item concerned the Growers Market which operates on
Saturday mornings from March to November on the northeast corner
of W. Chestnut and N. Church Streets. Last November, the
Market's director asked Council to close Patton Alley on market
days in order to reduce the risk of an accident involving
pedestrians and motor vehicles. Council delayed action until
they could notify neighboring property owners and residents, and
last night David Yarnall, owner of four houses on N. Church
Street, showed up to oppose the closing. He pointed out that his
tenants would lose access to their parking if the alley was
closed, and claimed that they are already inconvenienced by
market-goers who park illegally. The committee noted that the
problem would disappear if the market was held on the parking lot
located immediately to the east of the current site, and decided
to ask Growers Market officials if they would consider moving.
The only other item on the agenda was the approval of a long
list of parade and special event permits. Most (10) were Borough
Recreation Department events like Swinging Summer Thursday, the
May Day Festival, and the Restaurant Festival. The other two
were the Rotary Club's "Chili Cook-Off" on Sunday, October 5, and
a 5K Run sponsored by the Knights of Columbus on Saturday, April
19. The committee recommended approval of all of the dates, and
will receive further input from the Police Department on street
closings and other measures as the dates get closer.
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Hugo Sanchez Exhibition at WCU
[Posted February 17, 2008 ]
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This week, West Chester University hosted a reception for Hugo
Sanchez-Bonilla, an artist from Costa Rica with a pretty
impressive international reputation. His biography in
Art Studio Magazine lists about two dozen prizes from shows
in different countries, and he also directs an art school in his
home town of Heredia which attracts students from all over the
hemisphere. In addition to Costa Rica, his works have been
displayed in El Salvador, Spain, Germany, Venezuela, Brazil, the
United States, France, Colombia, England and Japan.
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A pair of Spanish language professors, which the support of the
Art Department, the Dean's Council and the Office of Sponsored
Research at WCU, invited him to visit West Chester for three
weeks. During that time, he has conducted art classes at the
University, toured the community (including a walking tour with
WCJIM, and mounted an exhibit of
recent works with the theme of "Music" (La Musica).
The majority of the paintings are scenes of musicians and
their audience inside Caribbean-style buildings at night. The
figures, who are illuminated by combinations of club lighting and
the outdoor sky, appear in red, yellow and orange within the
buildings painted in brown, purple and dark blue. The use of
acrylic paint makes them appear vivid rather than murky, while
the articulation of the humans conveys the mood of each painting
-- serious jazz, classical flamenco, straight-ahead rock, and
frenzied street festival, to name a few. Although a few of the
humans are shown in enough detail to be recognizable, most of the
figures present the show's theme, music, instead of individual
artists.
WCJIM has never been to Costa Rica, but Sanchez's paintings
reminded him of other Caribbean destinations that he has visited
-- the bars of Bridgetown in Barbados, the nightclubs of
Charlotte Amalie on St. Thomas, and especially the French Quarter
in New Orleans. At a time of the year when any of these
destinations seems warm and friendly, Sanchez's show is vert
inviting.
| A crowd attended the Feb. 14
opening
The
Sanchezes pose with one of Hugo's paintings
La Fiesta, one of the
works at the Knauer Gallery
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Hugo Sanchez's paintings are on display in the Knauer Art Gallery
of West Chester University's Performing Arts Center, located at
817 S. High Street (south of Rosedale Avenue). The gallery is
open to the public from 9am-4pm weekdays. For information, call
610-436-2755.
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Legislature Looks at Aiding Local Government
[Posted February 21, 2008 ]
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Local governments in Pennsylvania have always struggled with the
restraints placed on them by state government, and in urban
centers like West Chester, the problem is especially acute.
Limits on sources of revenue, on the ability to plan land use,
and on their influence over higher order agencies from the county
and the state all leave local governments struggle to pay for the
management of communities that are not entirely under their own
control.
It is not certain that this will change any time soon, but a
flurry of bills introduced in the state legislature recently all
address one of two goals -- to give more control to local
government, and to distribute the costs of state mandates more
fairly. This week, Borough Council adopted resolutions
supporting three such bills.
One came from our local state senator, Andy Dinniman (Dem,
19th District), and focuses on problems associated with alcohol
consumption. State law currently gives all of the rights and
responsibilities for liquor law enforcement to a special division
of the state police, but Dinniman's bill would allow local
communities with more than the minimum number of liquor licenses
to enforce liquor laws themselves, and diverts a portion of an
existing tax on alcohol to those communities so they can pay for
it. It would also require State System universities like West
Chester to provide more information on alcohol violations
involving their students, and all colleges and universities to
involve the parents of their students (within the limits of
federal privacy restrictions).
A second bill was introduced by Rep. Carl Mantz (Rep,
Kutztown) that would compensate municipalities that host a State
System University for lost property tax revenue by setting aside
$3 million and dividing it between the fourteen host communities.
There is a precedent for such action, since the state government
already provides money to rural townships which contain large
amounts of state-owned forest.
A third bill introduced in the state senate would relax the
state law that currently requires local governments to rely on
their respective county tax claims office to collect back taxes
owed on real estate. If approved, the bill would allow local
governments the choice of sticking with the county office or
hiring a third party collector. According to West Chester's
Borough manager, delinquent property taxes are not a particularly
large problem in the Borough. In a city like Philadelphia, for
example, they are much more common, and if the county tax claim
office is overwhelmed, it can take a long time to track down
absentee property owners and get them yo pay up.
Last month (January 2008), Council voted to support a fourth
bill proposed by Rep. Robert Freeman (Dem, Easton) that would
redirect alcohol tax revenue to municipalities with more than 17%
of their real estate owned by tax-exempt entities. Since real
estate taxes are the primary source of local government funding,
and tax exempt properties (some of which, like West Chester
University, are owned by the state) receive their status thanks
to state law, this bill will help out communities that host non-
profit and government services used by neighboring
municipalities.
How might all of this affect West Chester? The Borough has
far more than its share of liquor
licenses -- thirty-eight, compared to six permitted by the
state liquor code -- and the Borough has over thirty percent of its property
owned by tax exempt entities, well above the limit in the Freeman
bill. The Borough is also host to a State System university,
whose economic impact was described in one of the case studies in
the Pennsylvania Economy League study.
Delinquent property taxes are not a big issue -- the 2008 budget
projects collections totalling $136,000, compared to over $3.5
million for current property taxes.
Naturally, none of these bills will make one bit of
difference unless they are approved by the state legislature and
signed by the governor. Governor Rendell is no stranger to the
problems of urban centers, having served as the mayor of
Philadelphia, so the real question is whether a legislature made
of representatives who come mostly from rural areas will agree to
shift tax revenues towards urban areas like West Chester. In the
past, the answer has always been "no," but this time around, that
may change for two reasons. First, concerns about the
environment and preserving open space have raised interest in
preserving and/or restoring urban centers as a way to stop
sprawl. Second, the legislature's "midnight pay raise" of 2005
brought a large group of new people to the legislature who have
slowly begun to nudge our state government towards reform (open
records, student loans, etc.). It's too soon to tell if this
type of reform will succeed, but it is certain that urban
problems are getting more attention in the state legislature than
at any time in the generation.
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