January
2003


The Philadelphia Inquirer

RULING CLEARS WAY FOR MANAYUNK UNITS

Luxury apartments on flood-prone Venice Island got the green light from Commonwealth Court.
Tom Avril INQUIRER STAFF WRITER

One of two controversial luxury apartment projects proposed for flood-prone Venice Island is back on, thanks to a Commonwealth Court decision this week.

The decision, issued Monday, reversed a lower court and clears the way for Dranoff Properties to build 160 loft units on the island, located between the Manayunk Canal and the Schuylkill.

A decision is still pending on a separate, 270-unit project proposed by Realen Properties.

Members of neighborhood groups that oppose the projects said they were stunned by the latest development in the saga, which began in 1999.

A decision on whether to appeal to the state Supreme Court will wait until after the holidays, said Darlene Messina, president of Friends of Manayunk Canal.

"I am still in real shock," Messina said.

She predicted that the canal and Manayunk's Main Street would flood more frequently if the apartments were built, endangering residents and harming the environment.

Developer Carl Dranoff disputed Messina's claims, saying that the opposite was true.

Hydrologists hired by Dranoff testified that because the project would replace several squat, 1950s-era industrial buildings with loft apartments perched on columns, the obstructions to floodwaters would be reduced by 30 percent.

Those findings were initially supported by the Zoning Board of Adjustment, which was overruled in August 2001 by Common Pleas Court Judge Flora Wolf.

In the decision Monday, a three-judge panel reversed Wolf, ruling that the Zoning Board is the fact-finding body and has "exclusive province over matters of credibility and weight to be afforded the evidence."

Dranoff praised the decision.

"We look forward to moving ahead with the project," he said. "We would be removing the obstacles that tend to make the flooding worse."

The site for the proposed apartments lies within the 100-year floodplain (defined as that area that will flood once a century) and also within the floodway (that part of the flooded area in which there would be a current). Yet residents say the 100-year designation is misleading, given that the island has flooded 10 times in the past 130 years.

In addition to the apartments, Dranoff's plan calls for 214 parking spaces on the 3.2-acre site. An elevated pedestrian bridge would be constructed for emergency evacuations.

While some of the apartments will be in new buildings on columns, some will be located in a historic 150-year-old former textile mill, which later was converted into the Namico soap and detergent plant, Dranoff said.

The island was zoned industrial until City Councilman Michael Nutter got legislation passed to change the zoning to residential.

Yesterday, Nutter said the Dranoff project, which lies within his district, was an "exciting" reuse of a decayed industrial site that will help increase the city's population.

He said he shared the residents' groups about flooding but thought the plan was good overall.

"When you add it all up, I think it is a good thing," Nutter said.

Opponents disagree vehemently.

Geoff Goll, an engineer with New Jersey-based Princeton Hydro, said the plan would put lives in danger.

Even if the buildings on columns will reduce obstacles to floodwaters, those spaces under the apartments could easily be jammed by floating logs, trucks or other debris, said Goll, who testified for the residents' groups. When the flooding occurs, lives and property will be endangered, and federal taxpayers will foot the bill, he said.

"It's a shame that they have disregarded the fact that the trend in the United States is to move development out of floodplains," Goll said. "They've decided to buck the trends and put the lives of potential residents in danger."

Contact staff writer Tom Avril at 215-854-2430 or tavril@phillynews.com.

Copyright (c) 2002 The Philadelphia Inquirer

REASONS TO RE-HEAR

In a "What Were They Thinking" decision, the state court has approved the Dranoff (160 apartments at the Namico soap factory site) development. Their most glaring oversight was when they characterized our two nationally recognized swift water rescue experts as "a local firefighter". Had they reviewed the record they would know Fire Chief Hairston refused to allow any Philadelphia firefighters to testify, though several were willing. In overturning the Zoning Board, Judge Wolf (city appeals court) detailed how the zoning board systematically ignored safety. The state court, without explanation, ignored Judge Wolf's analysis. They declared the developers plan to install alarm bells, a single walkway, and to pass out flyers to new renters, as a sound and adequate emergency plan.

We have asked the state court to re-hear the case. There are 15 judges on the state appeals panel. In order to speed up processing, individual cases are heard by only three of the judges. If you are not satisfied with the three-judge ruling you can ask that the case be re-heard. It's not automatic. You have to demonstrate to the court why your case should be re-heard. The re-hearing may take place in front of all 15 judges or just the original three. We have made the following arguments and hope that we can get a fair re-hearing.

The panel misunderstood the lack of evidence that the project was safe. This case sets a precedent for ignoring catastrophic consequences.

The panel misapplied the law regarding knowing hardship and erroneously placed the purchaser in a better position than the prior owner who had no hardship.

The panel overlooked evidence that the developers were asking for a far bigger variance than needed to relieve any hardship.

The panel ignored the fact that the zoning board made no credibility determinations and failed to identify any support for it's decision.

The panel ignored that we were denied our request to introduce new evidence.

The decision was delivered on 12/24/2003 (Merry Christmas) and we filed for the re-hearing on January 6th. The court has 60 days to decide whether or not they will re-hear the case. If we do not get the re-hearing or the court still decides against us, the next step is the state supreme court. We are still waiting for a decision on the 270 units at the Connelly Container site.

ZONING UPDATES

235 Gay Street

Developers are proposing to put fourteen luxury townhouses ($400,000 each) on the site of the recently burned down Manayunk Club. This is across the street from Mr. Neducsin's 67 unit apartment complex. Though the lot is zoned residential their plans greatly exceed the density limits of the current R5 zoning.

The developer made a presentation at the December general meeting. The group felt the density was unreasonable and that one parking space per unit was inadequate. A motion was passed supporting eight units and asking for at least two parking spaces per unit.

Manayunk Neighborhood Council teamed with Central Roxborough Civic Association in opposition to the 67 apartments. The developers also made a presentation at CRCA's January meeting. CRCA has not yet taken a position.

The initial zoning hearing was continued to a later date and has not yet been rescheduled.

123 Leverington

Manayunk Neighborhood Council approved the legalization of 63 tenant spaces for The Mill Gallery and Artists Studios at 123 Leverington. In order to get our approval, the owner agreed to

Haphazard signage on the fence and in the lot will be moved to one or two signboards or kiosks on the property.

The chain link fence will be repaired and maintained.

Existing tree pits along Leverington will be planted and maintained with appropriate trees.

The asphalt between the fence and High Street, near Leverington, will be removed ant the strip planted with trees.

Weedy areas will be cleaned out and replanted with appropriate trees, shrubs, grass, flowers, or ground cover.

The trash area will be cleaned up and enclosed.

The Zoning Board approved the application with our agreement included as a proviso. Scott Gressen, the owner, has already undertaken some of the projects. The barbed wire has been taken off the fence, trees have been planted, weeds removed, some signs have been moved and cleanup has begun on the trash area. Thanks Scott.

200 Krams

Last June, 200 Krams received Zoning Board approval to convert their six artists lofts to six single family dwellings. We had a proviso letter attached to the approval where the owners agreed to cleanup and landscape the property and manage their parking lot for illegal parking.

They now need additional zoning for the commercial use of the basement which is currently operating as a gym. Guy Laren, the current owner has signed a letter of agreement with the immediate neighbors. They have agreed to replace the fence along Krams Ave (which they have already done) and to keep it permanently weed free. Manayunk Neighborhood Council has agreed to support their zoning request.

5000 Umbria

Giuliano Verna applied for a variance to put an automobile showroom at 5000 Umbria. Ridge Park Civic Association and Manayunk Neighborhood Council requested the variance be denied because the developer had not met with any civic groups. In addition to our letters, Giuliano failed to post a zoning notice and the hearing was continued to some future date. It is our understanding that Mr. Verna will meet with Ridge Park Civic to present his plans for a high-end/collectible type automobile showroom.

ROUTE 27 - CENTER CITY REALIGNMENT

As part of the Fiscal Year (FY) 2001 Annual Service Plan, The City of Philadelphia Mayor's Office of Transportation submitted a proposal to realign Route 27. Analysis of the proposal indicated it was not cost effective and thus was listed as "not recommended" in the (2001) Annual Service Plan.

For the FY 2003 Annual Service Plan, the City of Philadelphia again submitted a similar but different proposal to realign Route 27. The proposal requests SEPTA to realign Route 27 in the City in order to improve access to numerous employment centers and cultural and governmental destinations. Rather than operating via the Vine Street Expressway and Broad Street, southbound, buses would exit I-76 eastbound on Spring Garden Street, proceed on Spring Garden Street, Ben Franklin Parkway, 19th Street, Race Street, Broad Street, JFK Boulevard, and Spring Garden Street to I-76 westbound.

Under this proposal inbound service would be preserved to Hahnemann Hospital and Roman Catholic High School, while providing better access to Penn Center West office buildings, and introducing access to Parkway institutions and attractions. To compensate for the increased time and mileage expenses, the City proposed that all Route 27 trips terminate at Locust Street instead of Washington Avenue. The layover would be on the south side of Locust between Juniper and 13th Streets which is already posted for buses. This would restore Route 27 southern terminus to the general vicinity of the 1400 block of Delancey Street, which was the terminus of Route A (predecessor to Route 27) for many decades until the street was vacated about 1980. Route 32 would still provide Southbound service between Locust and Washington Avenue.

Timeline

SEPTA Board Action in March or April, 2003.

Implementation of approved projects in June, 2003.

Click for BIG Route 27 map

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