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Activity at the Paxson property
[Posted January 19, 2007]
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WCJIM has received several requests
recently for information about the Paxson property. That's the
wooded area at the west end of Dean Street between S. Brandywine
Street and S. Bradford Avenue, containing an overgrown dirt lane
where Dean Street would go if it reached all of the way to
Bradford Avenue. Or rather, used to contain because
recently it's all become a four-acre construction site. Knowing
that building plans and permits must be on file at the Borough's
Department of Building, Housing an Codes Enforcement, WCJIM went
there and asked to see the file.
The builders are getting ready to extend Dean Street to S.
Bradford Avenue, put eight single-family houses on the south side
of the new street, and four single-family houses plus a
stormwater retention basin on the north side. The existing alley
(Honey Alley) located between Dean and Union Streets will remain,
but no new alleys will be added. The street will have nine
ornamental streetlights and twenty street tress; each house will
sit on about a third of an acre and have its own driveway and
detached garage.
Although there have been several proposals to develop this
property over the years, this project was first put forward in
July 2001. At that time, the developers (Paxson Park LP) asked
to build fifteen homes using the "Traditional Neighborhood
Development" section of the Borough's Zoning Code. In exchange
for allowing smaller lot sizes (i.e. more houses), the TND
requires that the development include alleys, front porches, and
all of the other things that distinguish most of West Chester's
neighborhoods. (For an example where this was NOT done, compare
the newer houses at the west end of the 400-block of Dean Street
to the older houses at the east end of the same block.)
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Construction fencing at the Paxson property
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Unfortunately for the developers, the terrain was too steep to
allow them to build alleys with a great deal of additional
engineering. In addition, the disposal of stormwater from the
property, which lies at the bottom end of Dean Street and
overlooks a tributary of the Brandywine Creek, provided
additional complications. After a series of alterations to the
original plan, plus a lawsuit brought by Price Street neighbors,
the final plan was signed on November 9, 2006.
The plan calls for all construction to be finished within
twelve months, although it provides the right to seek extensions.
The four houses on the north side of the Dean Street extension
will be built to TND specifications, while the eight houses on
the south side will conform to the more lenient NC-2 standards
that apply elsewhere in the neighborhood. Additional plantings
will screen the stormwater retention basin, which will be
situated at the bend in Honey alley. Dean Street will run one-
way eastbound, just as it does along the rest of its length to
High Street.
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Opportunities in Borough Government
[Posted January 16, 2007]
Borough Council is looking for people to serve on two new
boards. One, called the Permit Parking
Study Committee, will study the Borough's permit
parking program and make recommendations to Council on if and how
to amend it. Specifically, the group will study the Borough's
parking supply and develop guidelines to help Borough Council
determine when and where parking congestion is severe enough to
warrant participation in the program. Background: The
permit parking program gives residents higher priority for scarce
spaces on their block. Problems result because each time a block
is added to the program, it generates congestion in neighboring
blocks. Members: The Committee will include seven
members -- one from each ward -- who will serve until they
deliver a report to Council.
The second group is the West
Chester Redevelopment Authority, whose task will
be to direct and implement economic development/redevelopment
projects in cooperation with Borough Council. Background:
The last time Borough had a Redevelopment Authority (in the
early 1980s), it found developers for land thta included the old
railroad right-of-way north of Gay Street, the lot that now
carries Eckert's Pharmacy, and several properties on the 200-
block of E. Market Street. This time around, the Authority will
look for solutions for the Mosteller Parking Garage and several
other Borough-owned properties. Members: This group
will have five members, all Borough residents, who will serve
terms ranging from one to five years. Borough Council would
prefer people with experience in one of the following areas:
Architecture/Engineering, Urban Planning, Construction
Management, Historic Preservation, Real Estate Development,
Economic Development, Finance & Banking, Law (with experience in
commercial real estate law & zoning), and other related skills
and/or experiences.
WCJIM can testify to the value of
this kind of service, since he has served on the Library Board,
the Planning Commission, and the Urban Revitalization Commission,
to name a few. If you are the kind of person who likes to learn,
these groups offer excellent opportunities to learn more about
specific issues in the Borough. To apply, send a letter to the
Borough Manager, 401 East Gay Street, West Chester, PA 19380, and
either enclose a copy of your up-to-date resume or include
relevant background information in your letter. The deadline is
February 7. Afterwards, the Borough will contact you to schedule
an interview with members of Borough Council.
Council Gets Some Leverage on Liquor Licenses
[Posted January 22, 2007]
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Can two words make a difference in the continuing struggle to
manage the alcohol trade in West Chester? Last December, the
State Legislature modified the state liquor code in a way that
offers a bit of hope that the Borough could regain some influence
over the sale of liquor licenses. The two-word change was buried
in an omnibus bill that, for the most part, offered little to
West Chester residents. But if the Liquor Control Board responds
to what appears to have been the legislature's intent, public
hearings on liquor license applications may soon offer more than
the chance to extract conditional agreements from license owners.
House Bill 446 was passed on December 4, 2006 to amend the
state Liquor Code. Among its provisions: a "county tourism
promotion agency" in a 2nd class township of a 5th class county
can now apply for a "special occasion permit," Philadelphia
license holders no longer need to meet the "30% food requirement"
in order to sell liquor on Sunday, and the item that received the
most press coverage -- casinos may serve free drinks to gamblers.
The only item that affects the Borough of West Chester is a
modification to the language concerning intermunicipal license
transfers.
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Early evening view of the bar at 15 N. Walnut St."
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Background: Intermunicipal license transfers (ILTs) refer
to the movement of an existing liquor license from one town or
township to another one. The state legislature made them legal in February 2002 and the
result has been, if not a flood, at least a significant flow of liquor
licenses into the Borough, which already had the highest number
of licenses per capita of any municipality in Chester County.
The legislation allowed a local government to hold a public
hearing on an ILT application if there were already more than one
liquor license per 3,000 inhabitants within the municipality but
adds "the municipality must approve the request (unless it
finds that doing so would affect the welfare, health, peace and
morals of the municipality or its residents)" [emphasis added].
The Liquor Control Board set extremely narrow conditions on how
to prove that welfare, etc. will be affected (i.e.; testimony
from officials of a school or church located less than 500 feet
away), and the legislation also gave the applicant the right to
appeal the municipality's decision to the Court of Common Pleas.
Since West Chester's nearly 40 licenses serve roughly 18,000
inhabitants (an average of one per about 450 people), the law
requires Borough Council to hold a public hearing and render a
decision on every ILT application. But given the narrow limits
on grounds for disapproval, Council was left with little option
other than to recommend conditions -- like an early closing time
-- and hope that the Liquor Control Board would agree to enforce
them. Now, two new words in this section of the Liquor Code
appear to have put some teeth into Council's decision to approve
or disapprove a license transfer.
First, the new legislation takes away the right of the
applicant to appeal a decision to the Court of Common Pleas by
adding the word "not" to the relevant passage. That eliminates
one way for an applicant (or his/her lawyer) to pressure Council
by threatening an expensive lawsuit if it tries to say no or
impose too many conditions. Any decision by local government
still has to be approved by the state Liquor Control Board, but
at least this change eliminates one potentially costly step in
the process.
The other change substitutes the word "may" for "must" in the
line that includes "the municipality must approve the request."
WCJIM expects that it will take a few
lawsuits to determine exactly what this means, but it no longer
requires approval unless the narrow criteria are met. It gives
the Liquor Control Board the option to consider citizen comment,
police concerns, and other opinions if they are placed on the
record at a public hearing for an ILT transfer.
View the list of
Borough liquor licenses as of January 10, 2007.
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"Perhaps we're beginning to make some progress ..."
[Posted January 24, 2007]
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Those were the words that introduced an email forwarding a press
release entitled "Dinniman Wants Hearings on Borough's
Drinking-Related Problems." The release says that State Senator
Andrew Dinniman has called for a hearing by the Senate's Law and
Justice Committee "to look at West Chester's alcohol-related
problems and consider possible solutions." Better yet, he has
received indications that Senator John Rafferty (Rep., Chester
County), who chairs the committee, will support a "field hearing"
to be held in West Chester in the coming months. According to
Senator Dinniman's office, this initiative comes in response to
recent news stories about alcohol-related problems in the
Borough.
Dinniman, who taught at West Chester University for more than
thirty years, has seen how the problem has affected the
community.
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Senator Andrew Dinniman
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"For far too long, public drunkenness has gone unbridled in the
downtown, and residential properties have been vandalized by late
night bar-hoppers," he said. "These problems have been going on
for decades. It's time to come up with a viable, long-term
solution for the residents of West Chester and similar
communities. It's time to get something done."
He cited problems ranging from the costs of police overtime
and cleaning up the downtown, to the need to hire more police
officers than other towns of comparable size. He described the
burden carried by "the residents who pay for police overtime and
clean-up crews, who are awoken at 2 a.m. every weekend, who trip
over beer bottles on their way to Sunday morning services, and
whose homes are being damaged by alcohol-fueled vandalism."
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Dinniman recently met with Borough Council President H. Paul
Fitzpatrick (Dem, ward 6) and council members Susan Bayne (Dem,
ward 4) and Scott Smith (Dem, ward 7) to discuss West Chester's
alcohol-related problems. A year ago, Fitzpatrick played a lead
role in creating the Borough's neighborhood task force, which has
been examining a broad range of solutions for the past ten
months. Bayne represents the southeast part of the Borough where
the largest number of off-campus student rental units is located.
Smith represents the northwest, which is far removed from the
University, but which has its own issues thanks to a large
transient population along Chestnut Street and the neighboring
blocks.
Fitzpatrick said that the Borough approached Senator Dinniman
for help because "when the state passed the law letting liquor
licenses be transferred within the county, the license holders
transferred them to the hub of the county -- West Chester. ...
"That increased our need for law enforcement [and] that costs
money."
The timing of this news could not be better for a Borough
that has been inundated with requests to create new liquor
establishments. Last January 10, Borough Council were forced (by
state law) to approve West
Chester's 37th liquor license for Limoncello Ristorante at 7-
9 N. Walnut Street. Next Monday (January 29), they will consider
the application for "Bar Blue II," owned by the same people who
own Rex's (344 W. Gay Street), to open a new establishment with
seating for 250 people in the former Brenda's Vac Shop at 142 E.
Market Street. The Bar Blue II proposal calls for full bars on
each of two floors, a stage at one end of the building, plus a
menu based on hamburgers and salads. Residents of the 100-block
of East Miner Street -- located less than 200 feet away -- plus
the owners of two houses that abut the rear of the building, are
extremely concerned, and a number plan to voice their concerns at
next Monday's public hearing (starts at 6:30pm at Borough Hall,
401 E. Gay Street).
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Limoncello Ristorante at 7 N. Walnut St.
142 E. Market Street, site of proposed night club
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While the state committee hearing is not likely to happen for
several months, the announcement from Senator Dinniman's brings
new attention to the subject. Many Borough residents, including
WCJIM, are thankful to the Senator for
taking an interest.
For more information about Senator Dinniman's
announcement, visit
andydinnimanpasenate.org.
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Commentary: Where's the Gratitude?
[Posted January 26, 2007]
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Although he may not realize it, the Daily Local News did
S. Walnut Street's Joe Norley two favors this week. While the
banner headline "Joe Norley Apologizes for Remarks" in last
Tuesday's edition (Jan. 23) was not one of them, the rest of that
article omitted details that would have embarrassed Norley. A
second article, "Borough Votes to Continue Considerations," about
Wednesday night's public hearing on the McCool/Yearsley project,
left out any reference to Norley's contribution -- one of the
worst examples of behavior at a Borough Council meeting in recent
memory. [This just in -- the same day that this commentary
appeared, the Local editorial writer gave Norley "Roses"
for his apology.]
The "Norley Apologizes" story described his behavior
in a meeting of the Neighborhood
Task Force, a group formed by Borough Council at his request.
Since last spring, the Task Force has been systematically
developing a list of recommendations designed to address
behavioral problems in Borough neighborhoods, including the one
where Mr. Norley lives. At one of their first meetings, the
members agreed to handle disputes within the group rather than
take them to the press. Until early this year, no one had
broken the agreement, but earlier this month, Norley went
public with criticism of the group's co-chairs, Borough
Council member Carolyn Comitta (Dem, Ward 5) and WCU Director of
Judicial Affairs Lynn Klingensmith. After they learned of
Norley's remarks, Comitta wrote a response and shared
it with the Task Force at their Monday, Jan. 22 meeting. That
prompted Norley's apology and the story in the Daily
Local the next day.
Unfortunately, Norley's apology began with "I don't
remember exactly what I said or may have said," but after
Comitta reminded him, he responded "I don't disavow that that's
my sentiment; that I said something more or less to that effect.
Uh, I uh, I'm not uh, well, first of all, I apologize for having
gone outside the purview of the group setting." Then Norley
tried to justify his action in terms of the "suffering of the
residents," but Comitta put him on the spot by asking "Since you
are so vocal about your criticism, where is your report that we
can send to Council for their action, that has been reviewed by
this committee and that has been verified to be actionable and
legal and [that] addresses a documented issue?"
The rest of the members of the Task Force were unmoved by
Norley's apology, although they stopped short of asking him to
resign. The Local article contained a portion of the
comments by 15 North owner Mike Dempsey, who acknowledged
Norley's activism and frustration with his neighborhood's
problems, but then said "I don't think an apology is good enough.
I just think you've stepped way over the boundaries. By someone
going outside of the realm we agreed upon, that is not working
together." Other members offered their support for the Task
Force's leaders, while one told Norley point-blank: "When you
start talking, I shut down. A lot of what you say just doesn't
make sense."
Norley continued to alternate between apologizing and
rationalizing his behavior with arguments like "Some times I get
critical, and some times my criticism is justified" and excusing
his failure to bring his criticisms directly to the task force
because he was "trying to be a cooperative member." After about
fifteen minutes, Norley finally agreed to present his report at
the next Task Force meeting on Monday, February 12, at 4pm. The
next day, the Daily Local News article appeared
and many people (including WCJIM)
hoped that it might make an impression on Norley, who has
offended many people over the past few years. Instead, it
appeared to encourage him to offer an even more embarrassing
display of bad behavior at Wednesday night's public hearing.
The hearing addressed an application by McCool Properties
LLC. They are real estate investors who own rental properties in
West Chester and who purchased the former Yearsley hardware store
and adjacent properties at 104-120 E. Market Street last year.
They have asked Borough Council to consider a zoning change that
would allow them to build a
six-story building on the site, including three floors of
residential condos, one floor of retail space and two floors for
parking. During the hearing, which lasted more than two hours
and attracted about fifty people, Council heard from the McCools'
lawyer, architect and land planner, then listened to questions
and statements from members of the audience. As reported by the
Daily Local on Thursday, Jan. 25, the project's supporters
claimed that it would offer a substantial economic benefit to the
Borough, County and School District, while its opponents
questioned its impact on the surrounding neighborhood. At the
end of the meeting, Council voted 7-0 to grant a continuance
requested by the McCools, so the hearing will resume on Tuesday,
March 27, at 7pm.
Before it ended, however, Norley went to the podium. After
promising to speak for three minutes, he delivered a seven-minute
speech that began with a list of his credentials, his objections
to the McCool project, and a list of comments that he claimed
were made by people on the 100-block of E. Miner Street, the
residential neighborhood closest to the project. Then Norley
began to digress. First, he repeated arguments about another
issue -- the proposal to reduce the height option in the
Borough's Town Center -- and then began to make accusations
against the BID (Business Improvement District) board of
directors, unnamed "pro-development interests," and finally,
Councilperson Comitta. As the crowd began to murmur its
disapproval, he ignored them, as well as two attempts by Council
President Fitzpatrick to cut him off. Finally, Norley ended with
a sarcastic "Yes sir" and took his seat.
To their credit, no one on Council responded directly to
Norley. Instead, after an awkward silence, others got up to
speak, including four of the neighbors from E. Miner St. and S.
Matlack St. The meeting ended about twenty minutes later after
Steve Bond (Rep, Ward 2) reminded the audience that "the Council
who sits here today is not the Council that approved the Justice
Center ... we ask for input from all of community ... this is why
we have ad hoc committees and other committees to discuss the
issues. ... We are going to make the best decision, considering
the residents and what is best for the Borough." After that, the
meeting broke up and the writer for the Daily Local News
hurried away to meet his deadline. That is when Norley got his
second big break of the week, because the story that appeared the
next morning (Jan. 25) did not mention his name or behavior.
Instead, it reported on the developers' claims, several of the
arguments offered by opponents, and concluded with a portion of
Steve Bond's final comments.
Although these are merely the most recent examples of a
pattern of behavior that dates back for several years, WCJIM will
emulate the Daily Local News and leave out the details for
now. He does wonder, however, if Norley's allies are thinking
about how his behavior affects their message. Council has given
him a Task Force and a forum in which to act like a leader, while
the Daily Local News has, for the most part, ignored his
lapses of behavior. When will he recognize this, and is he
capable of showing genuine gratitude?
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Landscapes 2 Wants You
[Posted January 27, 2007]
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This summer will mark the 10th anniversary of the introduction of
Landscapes, a land use plan for Chester County that has
evolved into a model for counties all over the state. Chester
County has evolved as well in the past decade, so the Chester
County Planning Commission is looking to see if Landscapes
needs modification. They have mounted a website that describes
their goals and asks citizens to answer a brief survey about what
they'd like the updated version to include.
The web page lists accomplishments of the current
Landscapes plan, of which the most important seem to be
encouraging regional cooperation, the revitalization of towns and
the preservation of open space. Regarding regional cooperation,
WCJIM recalls a conversation that he
had with a professional land planner in Germany whose planning
area is roughly one third the size of the state of Pennsylvania.
When WCJIM described his own experience on the Planning
Commission of the 1.8 square mile Borough of West Chester, the
German planner broke out laughing and said something that
translates roughly to "that's not planning, that's applying first
aid." Pennsylvania is burdened with an enormous number of local
governments -- 67 counties, and in Chester County alone, 73
municipal governments -- which make it difficult to manage the
impact of anything much large than a single building. In an era
of globalization, the forces that influence land use tend to be
larger, not local, and Landscapes offers one way for local
governments to make decisions that are good for their neighbors
as well.
Residents of West Chester have seen the results of
Landscapes's emphasis on urban revitalization. The main
benefit has come in the form of more than $1.5 million in grants
used to upgrade stormwater sewers, reconstruct several Borough
streets, change the look of High Street between Market and Miner,
and create the "Wayfinding signs" that now direct traffic to
destinations within West Chester. The effort to preserve open
space is less obvious within the Borough, but the neighboring
townships of West Goshen and East Bradford have both approved
open space initiatives based on Landscapes. In all,
voters in twenty-one Chester County townships have approved bond
issues or tax increases to finance open space preservation since
Landscapes was approved, and so far roughly 40,000 acres
have been preserved. That is more than 62 square miles, an area
roughly 35 times the size of the Borough of West Chester.
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Easements protect the Singer farm in East Bradford
(above) while increasing traffic clogs US Route 202 (below)
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As for the evolution of Chester County in the past ten years, a
Philadelphia Inquirer article ("Growth in Chesco calls for
an update," March 13, 2006) listed some key indicators: a 71%
increase in median housing costs from $155,000 to $265,000;
10,000 more students in public schools, and 33% more motor
vehicle registrations. The Landscapes 2 "Frequently Asked
Questions" page lists several more: an increase in population by
nearly 70,000, 48,000 new residential units (apartments and
houses), and 100,000 more vehicles on county roads.
The first Landscapes plan won a national award from
the American Planning Association in 1997. Although that's not
the goal of the update, it's a sign that the effort was
worthwhile. You can support the effort to improve
Landscapes by answering the survey at this link.
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What's in the survey . . . and
what's not
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It starts off with five demographic questions to determine if you
live, work and/or have some other connection to the County;
roughly how many years you've done that; if you live in a
township, borough or city; and the zip code of either where you
live or work. That is followed by seven questions about land
planning issues.
Five are based on a list of planning issues and ask you to
identify up to four things that work, don't work, are important
for the future, should be priorities and should not be
priorities. The list includes things like rural character,
public transportation, cost of housing, quality of schools,
property tax rates, clean air, plus another half dozen issues,
and each offers the change to supply your own idea under "Other."
A six question asks "Where in the County should future
development be encouraged? (check up to two)." The choices are
in existing urban centers like West Chester, suburban areas like
West Goshen, villages like Eagle, or in new villages/towns or
currently undeveloped rural areas. There is no option to refuse
new development, in recognition of the realities of state law.
Unless the state legislature decides to intervene, developers
will congregate in counties like Chester where roads and other
infrastructure are already constructed and amenities that attract
buyers are already in place.
The seventh question is an open-ended one that asks if you
have "any other comments or concerns about the future of Chester
County?" Several mass emails are already questioning whether
things like historic preservation and the environment get enough
emphasis on the survey, so this is the place to address that kind
of concern.
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Three final questions ask your approximate age, whether you are a
municipal official and how you learned about the survey (feel
free to check "web site" if this web page is your first notice).
The on-line survey is easily accessible to people with
Internet connections, and it only exists in the English language.
Although affluent Chester County boasts a high percentage of
Internet users, not everyone is so-equipped, and there are
significant numbers of non-English speakers. The authors of the
survey ask everyone who takes it to encourage their friends and
neighbors to do the same,
Want to compare Chester County's landscape in 1937 and
1990? Visit the new web site hosted by Pennsylvania State
University which offers low, medium and high resolution aerial
photos of every county in the state. The address is www.pennpilot.psu.edu
and, as this sample shows, it offers remarkable detail fom the
past.
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