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March 9, 2006 Issue                                               

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Safety latest issue with Commerce Bank
by Kristin Pazulski

Concerns were voiced at the Feb. 23 Chestnut Hill Community Association board meeting that the CHCA had not done enough to move along the Commerce Bank construction issue. But according to Sanjiv Jain, head of CHCA Physical Division, and Michael Quintero-Moore of Councilwoman Donna Reed Miller’s office, CHCA and Miller’s office have been in contact with the Department of Licenses and Inspections since the order to stop construction was issued.

On Feb. 13, L&I refused Commerce Bank’s application for a permit to continue the construction at 8600 Germantown Ave.

Board members of CHCA had made the initial call in October to city councilmembers Miller and Frank Rizzo’s offices with concerns that Commerce had exceeded their permit with the visible demolition.

“We were shocked by the amount of demolition,” said Jain. Though they were not required to do so, Commerce Bank was working with the committees of the Physical Division as they created the designs, and Jain said they had come to an agreement, though no formal statement was ever issued by Commerce Bank to CHCA.

L&I was contacted about the excessive demolition and the work was stopped the same day or the day after the call in October, according to Jain. A few days later L&I halted all construction, saying that the work being done was outside of the bounds of their issued permit.

From information gathered from Jain and L&I, it seems that Commerce went to L&I a few times, trying to work out a design that would allow them to continue construction under the permit already issued, but on Feb. 13 they were formally refused the permit.

“It does not surprise me that Commerce kept trying,” said Jain, who originally had hoped that the bank would come to the CHCA asking to support their request for a variance. “I have to assume the drawings submitted must have been reflecting the decisions made with the CHCA committees.”

Jain said as far as he is concerned, the CHCA’s relationship with Commerce Bank is still strong, positive and a working one.

He is recently concerned, however, with Commerce Bank’s lack of response to the community safety requests.

“Complaints are starting to accelerate,” said Jain, regarding the safety of the area. An elderly couple were startled and concerned for their safety when a beam fell as they strolled past the site, and there have been calls about an open electrical box accessible and debris flying through the air.

“It’s an invitation for mischief for young people,” said Jain. “And (Commerce officials) have been non-responsive to our safety concerns.”

He said ideally the CHCA would like to see plywood put up around the area, and even offered to hire a contractor themselves to put up the wood and paint a mural, and Commerce could reimburse them later. Commerce offered instead to remove the ripped blue tarp and replace it with more aesthetically-pleasing brown one, said CHCA Community Manager Betty Brady.

They promised to have this done by Monday, Feb. 27, but by that date, only the blue tarp was removed. After another call to Commerce by Brady, the brown tarp was placed as promised.

Jain is still not satisfied with the safety response, and said the tarps are “not acceptable” as a response to their concerns. Jain is “becoming more proactive” and sending a letter, with the support of Physical Division committee chairs, to Commerce executives listing the community’s safey concerns and asking for a formal agreement on the building’s design.

Commerce Bank has not been the most vocal during the ordeal, but has been in some contact with Brady and Jain, though they have said they will not speak directly to the press.

As of press time, no update has been given on whether Commerce will be appealing the permit refusal and requesting a variance, though it is expected they will do so. Commerce Bank has 30 days from Feb. 13 to submit their appeal, and notice of the hearing in front of the city Zoning Board must be posted on the property at least 12 days prior to the hearing.