by Brendan Sample

Though they have been fighting against it for nearly three years, the Friends of Abolition Hall are as resolved as ever to ensuring that a proposed townhouse complex does not compromise the historical integrity of Abolition Hall or its surrounding properties. Despite the fact that the Whitemarsh Township Board of Supervisors granted a conditional use permit for the complex, the FAH officially filed an appeal of the decision on Nov. 21.

FAH convener Sydelle Zove spoke out on the decision to appeal, recognizing that despite the difficult circumstances, local residents remain as dedicated as ever to maintaining the short-term and long-term safety of these historical buildings.

“We’re grateful for all the support we’ve received thus far, even as far as Minnesota,” Zove said. “Our legal costs may be increasing significantly, and so we’ll be asking concerned citizens to donate.”

Since the developer, K. Hovnanian Homes, has been granted a conditional use permit, it is now able to submit building plans for the land development phase, which is the next approval needed before construction can begin. Hovnanian will not need to wait for the appeal to play out before beginning the land development phase, but a representative from the Whitemarsh Township office confirmed that as of Nov. 30, the developer had not yet submitted such plans.

In submitting this appeal, the FAH’s main argument is that the Whitemarsh board committed errors of law and an abuse of discretion. For Hovnanian, the purpose of the conditional use hearings was to prove compliance with the zoning code, but the FAH claims that it did not have the full opportunity to prove that the plan does not do that. The group is arguing that because the board prevented several FAH witnesses from giving full testimonies, with one being completely barred from speaking, that the decision should either be overturned or remanded back to the municipal level, with the board having to open the hearings again.

In a statement last month, K. Hovnanian maintained that its favorable decision with Whitemarsh is lawful.

“Our proposed plan met all of the requirements for the conditional use as indicated by the Supervisors’ unanimous approval,” the statement said. “This included accepting the additional conditions set forth by the Supervisors, which consisted of providing an even greater distance between the townhomes and the historic structures and maximizing open space. We look forward to the next steps by submitting our application for the Land Development phase and eventually moving this plan to fruition for the benefit of the Whitemarsh community.”

Whitemarsh Township solicitor Sean Kilkenny did not return multiple phone calls and emails seeking comment.

Throughout this process, particularly during the hearings from March to October, members of the FAH have emphasized that they are not necessarily fighting for the townhouses to not be built at all, but rather that they be scaled back enough to ensure the preservation of the grounds. They remain confident that the two sides can find a middle ground that works for just about everyone.

“We want Hovnanian to come up with a better plan that honors and respects the historic integrity of the land,” Zove said. “To make all that happen would probably require a reduction in the number of units. The developer probably has a minimum number of units required to meet its bottom line, though none of us know what that number is.”

With the possibility of a lengthy appeal alongside the land development process as well, the FAH will be looking to both new and familiar methods to raise the funds necessary to keep this battle going. Zove confirmed that Preservation Pennsylvania, a nonprofit organization formed to help residents across the state preserve historic sites, has allowed the FAH to fundraise through its website, making all contributions taxdeductible. She also expressed hope that Whitemarsh’s state senator, Vincent Hughes, would be able to find state funds to help with their efforts.

While it is difficult to say just how many hurdles both sides will have to go through before this entire matter is finally settled, the FAH is prepared to fight for Abolition Hall for as long as it takes.

“There is a clear legal basis for our appeal,” Zove asserted. “We’re not going away, as much as the developer would like us to.”

Brendan Sample can be reached at brendan@chestnuthilllocal.com