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Upper Holmesburg is dealing with ZBA issues

By William Kenny

Times Staff Writer

Members of the Upper Holmesburg Civic Association didn't get the outcome for which they had hoped last month after they unanimously opposed an auto body shop operator's plan to install spray painting booths in a couple of Torresdale Avenue warehouses.

Now, leaders of the civic group want to know whether the community's wishes have any real clout anymore with the city's Zoning Board of Adjustment.

At the monthly general meeting of the UHCA on Oct. 15, other Northeast civic group leaders agreed to support the UHCA in its efforts to fight a ZBA ruling on the auto-painting facilities, or at least to get a better explanation as to why the facilities were approved.

The UHCA considered the auto-painting use proposal when the applicant, Bill Anderson, and his attorney spoke at the civic group's Sept. 17 general meeting.

The sites in question are at Torresdale Avenue and Pennypack Street.

Neighbors unanimously rejected Anderson's proposal to install a combined four auto-painting booths in the two properties. Anderson offered to scale down the operation to two painting booths, but the neighbors again shot down the plan.

Although the sites are designated for industrial use under the city's zoning code, they are across Torresdale Avenue from a section of homes. Neighbors were skeptical that the proposed businesses would be able to contain paint fumes and other pollutants.

Anderson's zoning board hearing was held on Sept. 29, just five days (three business days) after the UHCA meeting.

UHCA leaders concede that the civic group didn't get a representative to the zoning hearing, nor did it send a letter to the ZBA in time for the hearing.

Yet, UHCA President Stan Cywinski contends that the zoning board should have required Anderson to get the civic group's support before granting him use permits for the site. UHCA officers don't know if their organization's position on the matter was even addressed during the zoning hearing.

Cywinski said he was told that the UHCA can't appeal the zoning decision because it didn't have anybody at the hearing. But the civic group doesn't plan to give up on the issue. It is considering other legal options, as well as public demonstrations to rally support for its cause.

Tacony Civic Association President Lou Iatarola and Holme Circle Civic Association President Sean McAleer each revealed that their organizations have had to fight their own neighborhood zoning battles in recent years with mixed results.

Iatarola noted that at least two City Council members have proposed legislation in recent months to examine ZBA operations. The Tacony leader thinks that economic conditions may be influencing some of the approvals granted by the ZBA.

"Maybe it's an effort to bring more business into the city, but if it's at the expense of the neighbors, then it shouldn't happen," Iatarola said.

In one Tacony case, the ZBA approved a developer's plan to rehab a dilapidated property and turn it into an eight-unit apartment building, against the community's wishes, Iatarola said. The absence of any off-street parking was one major concern among neighbors.

"And we have two other cases pending," Iatarola said. "We at the Tacony Civic Association are willing to partner with other civic associations."

McAleer's group hasn't had much experience with the zoning board, but the HCCA has been engaged in one particular zoning-related battle for several years.

The civic group is fighting mobile telephone service provider T-Mobile over a group of cell towers that the firm erected atop a local apartment building.

The HCCA has appealed first to the zoning board and most recently to Common Pleas Court to have the towers removed. McAleer and other neighbors consider the rooftop installation unsightly. They await the court's ruling on the latest appeal.

McAleer agreed that communities should back each other on zoning cases.

"Whatever happens in your community affects mine. We're right around the corner," McAleer said to the Upper Holmesburg residents. "We have to stick together as civic groups to get representation."

In an unrelated piece of business, Cywinski reported that the civic association's Town Watch arm is seeking more active members to patrol the neighborhood on selected nights. Town Watch members can walk, drive or ride bicycles around the community to report suspicious activities to the police.

Residents interested in helping Town Watch should call 215-335-6699 and leave their names and contact information on the answering service. They can also visit www.UpperHolmesburg.com for information.

The next Upper Holmesburg Civic Association meeting will be held on Thursday, Nov. 19, at 7 p.m. at St. Dominic's Marian Hall, 8532 Frankford Ave.

Reporter William Kenny can be reached at 215-354-3031 or bkenny@phillynews.com

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