As 2012 ends, Lower Merion Township has taken new steps on two long-planned development projects.

At its final meeting of the year Dec. 19, the board of commissioners voted to grant conditional use approval of O’Neill Properities Group’s application for a major new apartment complex at 600 Righters Ferry Road on the Schuylkill riverfront in Bala Cynwyd.

After some additional comments, commissioners also took formal action to approve an amended developer’s agreement with Dranoff Properties for new apartments, stores and public parking to be constructed on the township’s Cricket Avenue lot.

For O’Neill, which has been eyeing transformation of the former Connolly Container/Georgia Pacific industrial site for nearly eight years, the action means the project has cleared a first hurdle – for the second time.

Lower Merion commissioners had previously granted conditional use approval in early 2010 for 580 apartments, but with conditions that O’Neill maintained precluded his development plan. Litigation, including an appeal by neighboring landowner Penn Real Estate Group, dragged out until this summer, when a Montgomery County judge, asked to consider a settlement agreement, overturned the township’s original approval, saying that the board had erred because the project did not comply with the area’s M- (Manufacturing) District zoning.

In a new hearing process this fall, O’Neill submitted an application for a slightly higher number of apartment units, 593, but one that the developer was able to demonstrate does comply with the township code. Major changes included adding a parking structure, reconfiguring buildings and eliminating a loop driveway between the apartment buildings and the proposed new riverfront trail.

Neighbor Penn Real Estate has also recently reached a settlement agreement with O’Neill, removing its objections.

Township Hearing Officer Pamela Loughman had recommended approval this time around, but the board put action on pause for a week Dec. 12, when some commissioners wanted Loughman to provide some supplemental documentation on a proposed emergency management plan for the apartments, which will sit in a floodplain. Commissioner George Manos, the Bala Cynwyd representative and an architect by profession, had also raised concerns about O’Neill’s proposal to use a fiber-cement siding material known as Hardie board for large areas of the building.

Last week, under terms of a resolution, the board agreed to postpone further deliberations on architectural issues, including the use of Hardie board, until plans come back for land development review. Attorney Jonathan Spergel, representing O’Neill, said his client accepted several conditions of approval, as amended by the resolution.

In comments, Manos said the “resolution we voted on was well-constructed,” but he added that, because of his concerns about the durability of the siding when used in such scale – earlier, he had noted that the project would require “acres” of the material – “in good conscience, . . . I can’t vote yes.”

In the vote, Commissioner Brian McGuire of Cynwyd was also opposed, saying he shares some of Manos’s concerns. That means that the approval was granted without either of the two commissioners whose wards may be most closely affected by the project, in support.

Casting a third “no” vote was Commissioner Cheryl Gelber of Wynnewood, who has consistently opposed the project as presented as too dense for the site with its limited road access and proximity to the Norfolk-Southern rail line raising emergency management concerns.

The conditional use approval passed on a 8-3 vote, with Commissioners Daniel Bernheim, Phil Rosenzweig and Lewis Gould having recused themselves. Their law firms do work with O’Neill Properties, they had disclosed.

On the Ardmore agreement, the board’s Economic Revitalization Committee had recommended approval after a four-hour discussion Dec. 12 by an 8-3 vote. Three commissioners who were absent for that meeting, Jane Dellheim, Steven Lindner, who both represent parts of Ardmore, and board Vice President Paul McElhaney, were present for the final vote.

The agreement calls for Dranoff to build 121 apartment units and about 9,500 square feet of first-floor retail space on a lot that will rise four stories along Cricket Avenue and up to eight stories to the rear of the lot. The height will depend on which of three options for public parking the township chooses.

In the week since the committee vote, a few modifications, mostly minor, had been made to the agreement document. The most significant, perhaps, was in response to Bernheim’s concern that the township does not have sufficient surety that the $2 million Dranoff is to pay for the land will ever be received in full. The agreement includes criteria that will trigger the payment, but the developer could have up to 20 years to pay.

A new clause now states that the township will hold a lien for the $2 million, but Bernheim still was not convinced that, as written, it had any strength. “It’s a good step forward, but it’s still a yard short, and a yard short doesn’t get you any points,” he said. On his worries, he directed a comment to company President Carl Dranoff, who was not in attendance that night: “Please do your best to prove me wrong.”

Bernheim and Gould also still had concerns related to the amount of public parking that will be built. Bernheim, noting that only the largest option provides any additional parking above what is available on the lot today, said it would not make sense to move forward with any lesser option.

To build that largest option, however, requires the largest amount of subsidy of the project with a portion of the $15.5 million in Pennsylvania Redevelopment Assistance Capital Project (RACP) grants that have been pledged for an Ardmore Transit Center and downtown revitalization project.

“If we go forward,” Bernheim suggested, it should be with the expectation that “it will be a full project” as to parking, “otherwise, we shouldn’t do any of this.”

Gould continued to raise questions about the proposed use of the RACP grants for something other than a new train station, saying he doubts state officials will approve the switch.

In a final vote, the amended agreement was approved, 10-4, with Commissioner Brian Gordon joining Bernheim, Gould and Brown in opposition. Dellheim, Lindner and McElhaney, voting on the agreement for the first time, were all in favor.

Follow this reporter on Twitter at cherylmlmn

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By Kerri Ann Panchuk • November 7, 2012 • 8:46am
The re-election of President Barack Obama may lead to some type of metamorphosis on the housing-mortgage finance front. However, experts don’t expect this to happen any time soon.

Analysts at Compass Point Research & Trading say don’t bet on Ed DeMarco, acting head of the Federal Housing Finance Agency, leaving his post anytime soon. At this point, changing what may be considered the most important post in mortgage finance could prove unnecessarily disruptive.

DeMarco can only be called a political ping-pong at this point for his firm stance against the FHFA allowing principal write-downs. And with Congress desperately needing a deal to stem the threat of the fiscal cliff in early 2013, Compass Point expects Obama to punt on DeMarco in the short term.

Plus, unlike Richard Cordray, who was appointed CFPB director after facing a Senate Banking Committee, there is currently no new nominee for DeMarco’s spot — no obvious replacement. This alone makes it unlikely that the president will use a recess appointment to replace DeMarco in the near future, Compass Point suggests. Plus, the research firm says President Obama needs the type of political capital that comes with reaching across the aisle to get deals done and now is not the time to jab with recess appointments and ousters of appointees.

After all, there are more immediate decisions looming.

“The combination of an Obama victory and the maintenance of the status quo in Congress, in which the Republicans still have a majority in the House of Representatives and the Democrats retain control of the Senate, may actually make it easier for Congress to reach a deal to avert the fiscal cliff sooner rather than later,” said economists Paul Ashworth and Paul Dales in a letter from Capital Economics. “Over the next couple of years the US economy will remain saddled with an uncomfortably high unemployment rate and will struggle to grow by more than 2% a year. And at some point, some combination tax hikes and spending cuts will be needed to prevent Federal government debt from spiraling towards 100% of GDP.”

In housing, lawmakers on both sides of the aisle may be willing to push forward with the Responsible Homeowner Refinancing Act of 2012, which is known as the Menendez-Boxer Bill. The bill would expand refinancing options – a deal that could prove a boon to lawmakers on both sides of the aisle who want to aid 3 million homeowners and claim the stimulative effects of $2,500 in savings for families through refinancings. After the votes were counted, the GOP retained control of the U.S. House of Representatives, while the Democrats retained the U.S. Senate.

The Menendez-Boxer bill would take away reps and warrants risk for new servicers, penalize uncooperative second-lien holders, require mortgage insurers who deny coverage unfairly to pay taxpayers restitution, expand the eligibility timelines, eliminate up-front refinancing fees and appraisal costs and would be covered by a 10 basis points surcharge on refinanced home loans, Compass Point said.

“We believe this proposal is still unlikely to gain traction, especially given what we expect to be a disappointing actuarial report from the FHA on Nov. 16 which will likely be followed by a request for a backstop from the Treasury Department,” Compass Point explained. “While the president’s proposal would not use the FHA’s primary fund – the Mutual Mortgage Insurance Fund – it is our view that the FHA’s need for a backstop from Treasury will make expanding its mandate politically difficult.”

But everything going forward on the housing front is masked in a high degree of uncertainty. The future of the government-sponsored enterprises is still undecided. And banks and financial firms reaction to the roll out and implementation of final Dodd-Frank rules in 2013 is something that the markets have been worrying about for two years now. What’s still unknown is whether the CFPB will grant a safe-harbor provision to the qualified mortgage rule, so lenders know exactly what requirements they must follow when issuing new loans to avoid liability.

kpanchuk@housingwire.com

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The Tredyffrin Historic Preservation Trust is seeking sponsorship for its 8th Annual Historic House Tour to be held on Saturday, Sept. 22, noon-5 p.m. This year’s signature event for the Trust will feature six unique historic properties, spanning three centuries, two restored 18th-century barns and an historic church and cemetery. The houses are in Tredyffrin and Easttown townships.

The Trust is pleased to welcome Life’s Patina at Willowbrook Farm as the Host Sponsor for this year’s House Tour. Willowbrook Farm, a beautiful 18th-century home in Malvern, has the distinction of having served twice as a Vassar Show House, including the last year of the event in 2006, and will be a featured stop on the Trust’s 2012 House Tour. The owners of Willowbrook Farm, Meg and Chris Veno, support historic preservation and will donate a portion of the proceeds of Life’s Patina Fall Barn Sale to the Trust.

“We are excited about the tour,” Pattye Benson, president of the Trust and chair of the House Tour, said. “The homes we have this year, when combined, tell a terrific story about the history of our community and its residents. We are grateful to the generous homeowners who open the doors to their extraordinary homes. The House Tour would not be possible without the support of businesses, corporations and individuals who support historic preservation. If you love history and architecture, you will not want to miss this year’s tour.”

All proceeds from the annual historic house tour go toward Phase II of the Jones Log Barn reconstruction project. The 2011 Historic House Tour raised over $15,000 for the Jones Log Barn project. With the help from sponsors, the Board of Directors is looking forward to another successful Historic House Tour. Thanks to the support and charity of many, the stone foundation is complete and is ready to hold the log structure. The Jones Log Barn joins two National Historic Register buildings – Duportail House and the Federal Barn – and, when rebuilt, it will serve as a living-history museum for the community.

8th Annual Historic House Tour sponsorships are available at $250, $500 and $1,000 levels. In addition to guest passes to the House Tour, all sponsors will receive two special invitations. The Trust Board of Directors will host a private cocktail party on Sunday, Sept. 16, at a formerly featured Historic House Tour property, the circa-1916 Edward A. White home in Strafford, and sponsors will be invited to Life’s Patina Preview Barn Sale and Cocktail Party at Willowbrook Farm in Malvern on Thursday, Sept. 20.

For Historic House Tour sponsorship information or ticket information, call Pattye Benson, Trust president, 610-644-6759, or on the Web visit www.tredyffrinhistory.org.

Devon Fall Classic Sept. 13-16

DEVON – Thursday, Sept. 13, through Sunday, Sept. 16, the Devon Fall Classic will return featuring Zone 2 Jumper Championships, with Adult, Children’s, Junior, Amateur-Owner, Pony, Six-, Seven- and Eight-Year-Old Jumpers. Saturday evening will feature the $25,000 Devon Fall Classic. In the Fair area will be boutique shopping, midway rides, games and a giant slide plus food vendors, with a farmer’s market and live music, Friday through Sunday. On Sunday, 10 a.m. to 5 p.m., there will be pony rides and a petting zoo.

This will take place at the Devon Horse Show grounds, Route 30, 8 a.m. to 10 p.m. daily.

General admission is free. Reserved boxes are available for Saturday evening. Call 610-964-0550. For more information visit www.devonhorseshow.org. and click on the Fall Classic icon.

NAMI presents Family-to-Family

National Alliance on Mental Illness (NAMI) PA, Main Line presents Family-to-Family (F2F), a free series of 12 weekly classes, one evening per week, structured to help family members understand and support a relative diagnosed with serious mental illness while maintaining their own well-being. The course is taught by trained volunteer family members who know what it’s like to have a loved-one with a serious mental illness. The course begins Thursday, Sept. 20, and meets once a week for 12 weeks, from 7 to 9:30 p.m. in the Lankenau Hospital area. For information or to register, contact Judy Green at 610-668-7917 or F2FMainLine@aol.com. Registration is required.

Weekly Wednesday Walkabouts at Jenkins Arboretum & Gardens

DEVON – Jenkins Arboretum & Gardens invites the public to meander along with its horticulture staff as they point out the highlights and curious happenings of the changing seasons weekly starting Wednesday, Sept. 12, 2 p.m., through Wednesday, Nov. 14. As the cooler temperatures approach, the demeanor of the Arboretum transitions into its own preparation for fall and then winter. Explore and get some exercise too! Please wear good walking shoes and, if you like, bring binoculars or a camera. Rain or shine. Tours are free and open to the public. Call or e-mail to reserve a space.

Note: Large groups are requested to schedule private guided tours at other times.

The Arboretum is at 631 Berwyn Baptist Road, Devon.

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By Alan Thomas
athomas@mainlinemedianews.com

Radnor Township residents have a unique, low-key way of getting the ear of township manager Robert Zienkowski. Called “listening sessions’” Zienkowski wrapped up his current round of citizen chats on Saturday morning.

This latest series of four opportunities, three separate sessions on Thursday with the Saturday-morning finale, was billed on the township Web site as being “about the preparation of the 2013 budget that include, but are not limited to township services including police protection, public works which includes: solid waste, highway, sewer and parks maintenance.”

But that didn’t stop a discussion about swimming pools.

Main Line resident Eileen Fox’s first comment, as she entered the municipal building meeting room coffee in hand, was, “Are you video-taping (No); Good!”

The sessions are not recorded, although Zienkowski’s executive assistant Jennifer DeStefano takes notes. On Saturday morning Superintendent of Police William Colarulo, Public Works Director Steve Norcini and Director of Recreation and Programming Tammy Cohen joined DeStefano and Zienkowski at a square arrangement of tables while Eileen Fox said she wanted to talk about mosquitoes, the West Nile virus, properties and their proper maintenance.

“There are a lot of pools in the township that are defunct, disgusting,” she said.

She knows first-hand of two “yucky green” examples. Neither is a new situation, she said, one of them going back 10 years. One pool is in the back yard of a residence, she noted. The other is part of an apartment complex. Neither was a surprise, according to Zienkowski.

It was an opportunity for Zienkowski to talk about how code violations must be dealt with, sometimes “frustrating [because of] the due process part of it,” and for Colarulo and Norcini to recap their respective departments’ specific involvement with both pool situations.

“We’ve had several complaints about pools,” Zienkowski said. In one case, there is a 30-day notice in effect – rehab the pool to get it working or collapse and fill it. “We’re becoming more aggressive in some of these enforcement issues,” he said.

Fox lamented that in a world of murky pools and mosquitoes, one must “wait for due process.”

“Otherwise Radnor Township is a lovely place to live,” she said.

Other topics that residents have brought to the table have included traffic and particularly sight obstructions, county assessments and unbalanced tax rates, no-mow zones in township parks and Louella Mansion construction noise.

The noise factor, particularly during the underground garage excavation in the middle of Louella Court, has led the township to improve its monitoring of noise complaints in general, Colarulo said, in that two sound-monitoring devices have now been purchased, one for the police department and the other for Community Development. Occupational Safety and Health Administration (OSHA) standards with defined decibel rates for safety have been adopted.

Beyond the obvious advantages of township officials hearing from township residents, “It helps residents to hear other residents,” Zienkowski said of the benefits of the listening sessions. “It helps dispel rumors. Information helps,” he added. “It helps when people come in with ‘conspiracy theories’” that can be shown groundless through openness in a rational discussion.

Zienkowski noted that the 2013 budget will go to the Board of Commissioners on Sept. 15 and will be the subject of a special Board meeting with the opportunity for resident questions and comments on Sept. 17 in Upper Merion.

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