October 17, 2013

Round four in the ongoing zoning dispute between Chadds Ford Township and the owners of Stonebridge Mansion took a trip through memory lane with testimony from one historian and two previously called witnesses.

Township solicitor Hugh Donaghue called George Franz, of the Chadds Ford Historical Society, to the stand and then Jim Byrne, attorney for Drew and Nicole Barnabei, recalled two township witnesses — Barbara Kearney and Mike Daily — who testified in September. Byrnes even questioned Daily, the township fire marshal, about comments he made in an article published in Chadds Ford Live earlier this month.

At issue is whether the Barnabeis may host events — weddings and such — for profit on the 5-acre site with a 25-room mansion at Route 1 and Webb Road. They contend they should be able to, but the township says that’s a violation of the zoning code because commercial activities are not permitted in a residential zoning district.

Previous testimony showed that commercial activities do take place on properties in other residential districts. One such property is the Historical Society on Creek Road. Other properties where commercial activities occur in residential districts include the Brandywine Battlefield at Ring Road and the Chadds Ford Plaza, a small strip mall on Route 1 near Heyburn Road.

Under direct examination from Donaghue, Franz — who holds a doctorate in American history — reviewed the historical significance of the Chadds Ford area and the history of Chadds Ford Days and the Great Pumpkin Carve, the Historical Society’s two primary fund-raising events.

Donaghue also brought into evidence the society’s mission statement that calls for the organization to be nonprofit and dedicated to historical education and preservation.

Under cross-examination from Byrne, Franz said the society does not need any permits from the township to run those events and that the society also operates a museum store where various items are sold in the organization’s Barn Visitors’ Center.

Franz testified that the 2013 Chadds Ford Days drew 3,000 visitors to the site over two days and that the Pumpkin Carve might draw 15,000 people during its three nights. He added that at no time does the traffic or activity impair the health, safety or welfare of the residents of Chadds Ford.

Byrne then called township building code and zoning officer Barbara Kearney who previously testified for the township.

His major questioning centered around a letter Kearney wrote to Donaghue in June, a letter that was written in connection with an injunction hearing. In the letter, Kearney said that “major events” at Stonebridge would have a negative impact on safety, health and welfare.

Kearney said that if she were to write the letter today, “I’d reword it to say ‘commercial events.’”

Kearney said that any use outside the code would not be safe, but as the questioning and testimony wore on, there were elements of confusion as to whether they were talking about building codes or zoning codes. Donaghue objected several times, saying that Byrne was asking about building codes, but that the matter at hand was a zoning issue.

Byrne also asked Kearney about conditions at the Brandywine Battlefield Park and at the Chadds Ford Plaza, but the zoning officer said she’s never been to the park or inspected the plaza. She also said that she didn’t know whether parking at the plaza was up to code. Kearney has only been working for the township since this spring.

It also came out that Kearney has not inspected Stonebridge, but Donaghue said there is the possibility of a threat because the mansion was not evaluated.

Then Byrne called Daily, who also testified in September. Questions centered around a similar letter that Daily wrote as part of the June injunction. Daily said he had concerns about fire safety at the mansion, specifically about limited driveway access that would prevent fire fighting vehicles from getting onto the property if cars were trying to get out.

Daily, who is also a police officer in Chester Township, said he is also concerned about the lack of traffic control and turning lanes along Route 1 and Webb Road that would make ingress and egress at Stonebridge safer.

There was some chuckling from the audience when Byrne, questioning Daily about fire safety, asked him about an interview he gave this reporter for an article previously published in Chadds Ford Live. Donaghue objected, saying using any type of newspaper article as evidence is the same as hearsay.

In that article, Daily said Chadds Ford Township has only two ordinances of its own that deal with fire. They are the open burning ordinance and the ordinance that created the position of fire marshal.

Daily said that is factual, but that the township does use a universal code that addresses some elements of fire safety.

The last person to testify was Domenick Savino, CEO of Drexelbrook Catering. Drexelbrook contracts with the Barnabeis as their agent in booking events and as the exclusive caterer. He testified to event safety.

Savino said events at Stonebridge are limited to a maximum of 150 people and that nothing would start before 10 a.m. and all events would end by 10 p.m. A crowd of 150 people usually means there would be about 70 cars. A valet company would handle the parking.

Any cooking done would be in portable, fire retardant tents that come with fire extinguishers and that a certified chef is always at hand. There are also security personnel and bartenders who are certified through the Responsible Alcohol Management Program and that there is also an on-site manager to handle all concerns, even those from neighbors.

There will be a fifth hearing — and what Zoning Hearing Board Chairman Bob Reardon said would be the last — on Nov. 20. That, too, is scheduled for 7 p.m. at the township building. It’s believed that there will be one last witness followed by public comment.