August 22, 2013

According to Nicola Barnabei, there are plenty of business properties in residential zoning districts along Route 1 in Chadds Ford Township. Barnabei testified to that during the second zoning hearing session in her request for approval to rent out Stonebridge Mansion for special events.

She and her husband Drew own the property — a 25-room mansion on almost 5 acres. There is also a second 2-acre parcel. The couple bought the properties on the west side of Webb Road at the intersection of Route 1 in 2011 knowing it could be used as a Bed & Breakfast, but say the township code allows for other uses.

The township says otherwise. Its position is that the limited B&B use is the only allowable commercial use for the property. Several residents on Webb Road are siding with the township. Other residents are more favorable to the Barnabei’s position.

To demonstrate her point, Barnabei testified for more than two hours Aug. 21, citing numerous examples of other properties along Route 1 that are businesses operating in residential zones.

Among those businesses are the Brandywine River Museum, Chadds Ford Greenhouse, Brandywine Battlefield Park, the Chadds Ford Plaza shopping center — which includes a caterer with banquet room, and Lice Lifters — and the Chadds Ford Tavern.

Barnabei added that the Chadds Ford Township municipal building and Turner’s Mill Sewage Treatment Plant are also in a residential district.

Additionally, Barnabei provided evidence in the form of Web pages showing that some of those businesses in residential districts advertise that they rent out their locations for special events. One such page was from the river museum saying it can be rented for weddings and private parties.

She presented another page stating the battlefield park was the site for at least one wedding ceremony, and another page from Brandywine Catering in the Plaza advertising its 130-seat banquet room in the residential district.

Weddings and private parties are what the Barnabei’s want to host.

She also said many businesses along Route 1, regardless of zoning district, have entrances and exits on that roadway where there are no traffic signals.

During cross examination from township solicitor Hugh Donaghue, Barnabei acknowledged getting a letter from previous owner Don Weiss saying the property could be used as a B&B with a permit, but she never applied for one. She also acknowledged that no other special use was mentioned in the letter.

Barnabei also said she never received or sought Highway Occupancy Permits from the Pennsylvania Department of Transportation for use of either the Webb Road or Route 1 entrances for a large volume of traffic, 100 or more cars.

Donaghue asked Barnabei if she recalled writing a letter in March 2012 to former Township Manager Joe Barakat asking about the possibility of holding a music festival at Stonebridge.

She did remember, and said Barakat responded in writing saying that such events were not permitted without zoning relief, but that she did not request any such relief at the time. However, she testified to speaking with both Barakat and former code enforcement officer Richard Jensen about the situation and both men told her, she said, that the supervisors would probably be OK with the event being held.

Barnabei could offer no record of those conversations.

After almost two-and-a-half hours of testimony from Barnabei, several residents had a chance to offer opinions.

Mary Fuller and Gregory Marcotte expressed opposition to allowing events at the property.

Fuller said, “It defies common sense that [holding events] won’t be a disturbance.”

She said neighbors would hear music and generators and have no idea as to the frequency of events.

“They’re flaunting the law,” Fuller said.

Marcotte echoed Fuller’s comments saying, “We’ll hear everything.”

Not everyone agreed that there are necessarily problems.

Lou D’Iorio lives on the adjoining Webb Road property just north of Stonebridge. He said he ran a commercial business on that site for close to 30 years without any interference from the township. He wondered about the township’s motive.

“Nobody would say a word if money wasn’t being charged,” he said.

D’Iorio added that events previously held at Stonebridge were so quiet that his dogs never barked once.

“They’re not trying to reopen the Brandywine Club,” D’Iorio said. “…That property has never been kept so well.”

Another adjoining property owner along Route 1, Dean Camp, said an agreement could — and should — be reached.

He said there have been times when people came onto his property looking for Stonebridge and that he didn’t like that, but “I don’t feel all events should be squashed. There needs to be some regulation.”

Camp said those restrictions should include the number of people at an event, the length of time for events and that the Barnabeis should be required to remain on site during events to make sure guests don’t wander onto other properties. He also doesn’t want to see a tent from his property.

During testimony in July it was said that there have already been events held at Stonebridge, including a month-long Oxford Art Alliance charity event in 2011 with more than 4,000 visitors, as well as several Republican Party fund-raisers where supervisors were present.

The Barnabeis contend that the zoning code allows them to rent the property as a continuation of nonconforming use — grandfathered use — or as an accessory use. In the alternative, they are seeking a variance from the Zoning Hearing Board so they may rent out for private parties.

A third hearing date was scheduled for 7 p.m. on Sept. 18 at the township building.