Revolution museum wins a challenge

The American Revolution Center has won a crucial round of what could be a long legal battle, as the Lower Providence Township Zoning Hearing Board this week unanimously denied a challenge filed by opponents of the project.

Had the challenge been upheld, the center would have had to start over in its efforts to place a museum complex on property it owns inside Valley Forge National Historical Park. Instead, the zoning board agreed with ARC attorney Neil Sklaroff that the supervisors acted properly when they adopted an amendment to the zoning ordinance in September that cleared the way for the project.

"We're extremely pleased to be able to move forward on this wonderful project," said center president and chief executive officer Thomas M. Daly. His group wants to build a museum, a conference center with lodging, and a campground on 78 acres.

Several residents and the National Parks Conservation Association argued that when the supervisors approved the ordinance, they relied on a secret promise ARC made to the township that was not as restrictive on development as an agreed-on covenant that was dropped at the last moment. Critics say that declaration should have been made public and part of the ordinance.

Supervisors Richard Brown and Chris DiPaulo testified that throughout the negotiations leading up to the final version of the ordinance, ARC said it would place a covenant on the tract that the two said would permanently restrict future development. At the last minute, a voluntary declaration with a 10-year expiration date was offered instead, they said. It was this declaration that opponents claim was never made public, as they said the law required.

Brown and DiPaulo voted against the ordinance, but the three other supervisors voted for it after a lengthy hearing on Sept. 6.

Board Chairwoman Janice Kearney said after the decision was announced on Thursday evening that the law did not support the case opponents were trying to make. If the board had upheld the challenge, the ordinance would have been thrown out.

Attorney Peter Haveles of the firm Arnold & Porter, who represents the residents and the conservation association, said he would wait for the written decision before deciding whether to appeal the ruling in court. That decision is due in 45 days.

Haveles also said that when ARC submits its subdivision plans, he expects to refile other challenges to the ordinance that the zoning board denied in January, saying a plan had to be filed first.

This week, the Montgomery County commissioners said they would like to see the museum moved back to the park, where it was originally envisioned. The commissioners said visitors would have better access there. Commissioners Chairman James R. Matthews said the county would never have invested tax dollars in the project if the hotel and conference center had been part of it four years ago.