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Activity at the Paxson property
[Posted January 19, 2007]
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.)

 constuction at the Paxson property
Construction fencing at the Paxson property
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.


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]
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.

night time view of the bar at 15 North Walnut Street
Early evening view of the bar at 15 N. Walnut St."
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.


"Perhaps we're beginning to make some progress ..."
[Posted January 24, 2007]
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.

Senator Andrew Dinniman (file photo)
Senator Andrew Dinniman
"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."

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).

Limoncello Ristorante at 7 N. Walnut St.
Limoncello Ristorante at 7 N. Walnut St.

 142 E. Market Street, site of proposed night club
142 E. Market Street, site of proposed night club

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.


Commentary: Where's the Gratitude?
[Posted January 26, 2007]
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?


Landscapes 2 Wants You
[Posted January 27, 2007]
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.

 landscapes logo


 The Singer farm in East Bradford
Easements protect the Singer farm in East Bradford (above) while increasing traffic clogs US Route 202 (below)

 rush hour traffic on US Route 202 in East Whiteland

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.

 

What's in the survey . . . and what's not
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.

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.

 detail from 1937 aerial
photo of the area around the Pennsylvania Railroad station in
West Chester, available from www.pennpilot.psu.edu >


 

Copyright 2007 by Jim Jones