After five months of hearings and three more of waiting, the Chadds Ford Zoning Hearing Board ruled in favor of the township in its bid to prevent the owners of Stonebridge Mansion from hosting catered events for profit at their 681 Webb Road home.
However, despite the ruling and all the time spent to date, the matter is still not settled.
“We’re very disappointed in the findings,” said Jim Byrne, the attorney representing owners Drew and Nicole Barnabei. “We appreciate the time we had to present our case, but we’re very disappointed in the findings. They’re wrong and we’re going to file an appeal.”
Byrne said the appeal would be filed in Delaware County court on Feb. 20, but he had no idea when it would be heard.
Chadds Ford Township solicitor Hugh Donaghue did not attend the Feb. 19 meeting when the decision was announced.
Hearing Board Chairman Robert Reardon said the Barnabeis knew the zoning restrictions on the residential property before they bought the 25-room home and that they failed to make the case that hosting catered events for profit was a previous nonconforming use.
He added that while the board has the power to grant variances for situations of extreme hardship, the Barnabeis also failed to demonstrate such hardship.
Board member Paul Koch and alternate Amanda Konyk concurred with Reardon. The vote was 3-0.
During testimony in the five hearing sessions, it was revealed that a previous owner had held large events at Stonebridge, some of which included fund-raisers for the township Republican Party and another was a month-long event in which more than 4,000 people came through the property without incident to the neighbors.
It was also revealed through testimony that other properties in residentially zoned areas hold events and conduct commercial business. Among those properties are the Brandywine River Museum of Art, the Chadds Ford Historical Society, the Brandywine Battlefield Park and the Plaza of Chadds Ford — the small strip mall at Heyburn Road.
Other business
The board also voted 3-0 to approve variances for an Audi dealership proposed for Route 202 near the Wawa at Dilworthtown Road.
Approval was granted after the applicant revised plans for signage. The original plan called for 256 square feet of signs, but the revision brought that down to just less than 191 square feet.
First Person Singular: Integrity or ‘authoritah’ for Stonebridge
In about a month we should know how the Chadds Ford Zoning Hearing Board decided in the matter of Stonebridge Mansion, the 25-room home on 5 acres on the southwest corner of Webb Road and Route 1.
The owners — Drew and Nicole Barnabei — want to host catered events, weddings and such, for a fee. They would rent use of the first two floors of the house and of the grounds. But Chadds Ford Township says they can’t because the house is in a residential zoning district where commercial use is prohibited. Stonebridge Mansion is permitted to operate as a bed and breakfast, however, but nothing more.
The township has fought the Barnabeis through a county level injunction hearing in June, then through five township zoning hearings from July through November. The township has fought them to a cost to Chadds Ford taxpayers of at least $23,000.
During a public comment period in the supervisors’ December meeting, I asked how much the proceedings had cost the township. I will say that the room grew quiet, very quiet, and the faces at the head table were less than joyful. After the pregnant pause, I was told to file a Right To Know Request.
When I filed that request a week later, I was told that I wouldn’t be getting all the information. Any extra money paid to the township manager, secretary or code enforcement officer related to the hearings would not be included, nor would any extra compensation for the zoning board solicitor.
Based on the RTK material received a month later, between the township solicitor, the township engineer and money paid to the fire marshal and court reporter — along with transcript copying — the township spent $20,000. Other documents obtained show the zoning solicitor’s office being paid $3,000 between the end of July and the end of November.
That’s $23K and the figure could go higher if either side appeals the zoning board’s decision to the court in Media, and could go even higher if that decision is appealed to Commonwealth Court.
The Barnabeis are paying big bucks too, to stand up for what they think is their right, the right to use their property as they see fit.
It all seems pretty cut and dried against them, though. The house is in a residential district where no commercial use is allowed. No contest. No can do.
But things aren’t that simple.
The Brandywine River Museum, Chadds Ford Historical Society, Brandywine Battlefield Park, the Chadds Ford Plaza — the little strip mall at Heyburn Road with the dry cleaners, a head lice removal business and a caterer with onsite dining — and the adjacent Chadds Ford Tavern are all in a residential district and they all conduct commerce.
And, as was brought up in testimony at the hearings, Stonebridge Mansion was used as an event site under previous ownership. Events for the Chadds Ford Republican Party held were there, so let’s not pretend the supervisors didn’t know about them.
There was also a month-long event for the Oxford Art Alliance in 2011 during which more than 4,500 people traipsed in and out of the property. The supervisors even allowed extra signage. And there were no accidents caused by all that extra traffic.
The Barnabeis want to limit the number of guests at Stonebridge to no more than 150.
And people are permitted to have weddings at their homes. There was a wedding with a tent and outdoor music two properties north of the mansion in August. No permission needed and no hassle from the township.
Weddings are also OK at the Brandywine Battlefield Park. Its Web site — http://brandywinebattlefield.org/?page_id=17 — specifically says: “Weddings and wedding photography use must pay a fee of $50.”
As reported this summer, a spokesman for the Pennsylvania Historical and Museum Commission said the park’s friends group had been negotiating with a private company for a wedding tent, and Supervisor George Thorpe, in that same report, said there have been weddings at the park for years.
A former chairman of the Chadds Ford Zoning Hearing Board once said the purpose of that board is “to protect the integrity of the township’s [zoning] ordinances.”
That’s a great idea, but the ordinances need some integrity to begin with. Selective enforcement doesn’t lend itself to respect. If some properties in residential districts can be used for commerce — and the museum, park and historical society do have gift shops and the plaza is in a residential district — then the law is not being uniformly applied. That a previous owner could have events, but the current owner can’t, then there’s an inconsistency that erodes the presumed integrity.
The township brought out that the Chadds Ford Historical Society does have events where admission is charged, and that there is a gift shop, but that’s deemed OK, they say, because the historical society is a non-profit organization.
When did profit become evil? When did a Republican Party-run township board of supervisors decide to outlaw profit?
Part of the township’s case did focus on safety. It was argued that the driveway entrances on Webb Road and Route 1 are too narrow to accommodate fire trucks. However, the previous owner testified that the fire company was called out on two different occasions and had no problem getting onto the property. That testimony was not disputed.
Even the judge at the June injunction hearing said that if the property was too dangerous to have events because the driveways are too narrow for fire trucks when there are guests, those driveways are also too narrow when the Barnabeis are home alone.
People from outside Chadds Ford have said they don’t understand why the township is fighting the request — people within the Republican Party.
When one person asked why the township was fighting the request, I flashed on the Comedy Central TV show “South Park,” in which the character of Eric Cartman (see image) has at times donned a pair of mirrored sunglasses, hopped on a tricycle, pulled motorists over, smacked them in the shins with a nightstick and demand that they respect his “authoritah.”
This zoning battle makes the township look bad. Everything could have been worked out without rancor or costly contest to the Barnabeis and the taxpayers.
It’s a matter of property rights. Not just for the Barnabeis, but for their neighbors as well. Since parties and weddings on private residential property are allowed, then the Barnabeis should be allowed to do so — even for profit — as long as the activity does not interfere with the property rights of their neighbors.
As long as the events don’t cause any type of trespass onto neighboring properties, no physical trespass of guests, no noise or light pollution — since they are also forms of trespass — and as long as everyone is safe, then let them be.
Make it a matter of conditional use, if need be. Put some restrictions on such as limiting the time of day, day of the week, number of guests even the time of year if absolutely necessary, but there’s no need to be so obstructionist as to say they can’t do anything just because they want to earn some extra cash.
The township code zoning is out of date. Most everyone in the township knows that. Business owners sure know that and even members of the ZHB have said the code needs an update. What could be good is that the supervisors are looking for volunteers to help revise that code.
Update the ordinances. Yes, definitely. It’s better for the township to guide from a position of integrity, than to rule by demanding obedience to ‘authoritah.”
The five-month long zoning hearing between Chadds Ford Township and the owners of Stonebridge Mansion is over, at least for now.
Both sides rested their cases at the conclusion of the Nov. 20 hearing session, but it could be until February before the Zoning Hearing Board announces its decision and it’s possible the loser will appeal that decision.
Drew and Nicole Barnabei, owners of the 25-room mansion at Webb Road and Route 1, want to host special events, such as weddings, through Drexelbrook Catering. The township says that use is not permitted because the property is in a residential zoning district. However, previous testimony revealed that other businesses are in residential zones along Route 1 and that special events have been held at Stonebridge before the Barnabeis bought the property.
The Nov. 20 session began with township solicitor Hugh Donaghue cross examining Domenick Savino, Drexelbrook’s CEO, who testified in October that events at Stonebridge would be limited to a maximum of 150 people and that no event would start before 10 a.m., that all events would end by 10 p.m., that security is provided and all bartenders are certified through the Responsible Alcohol Management Program.
Under questioning from Donaghue, Savino said two events had been held this year and a third had been planned. All three were held — or scheduled — for different days of the week.
Donaghue asked if that meant events could be scheduled for any day of the week. Savino said that was a theoretical possibility.
Savino added that there was a situation just prior to a September wedding at the mansion when a neighbor began mowing his lawn at 5:30 p.m. right at the property line nearest the party site.
On redirect examination from Barnabei Attorney Jim Byrne, Savino said use of the mansion grounds for outdoor events would be limited by the seasons. Outdoor events would typically be held between mid April and mid October. Savino added that they only forecast for weekend events.
At that point, both sides rested their respective cases while entering additional photographs and documents into evidence. Included in those documents was a copy of an online petition signed by residents who want the Barnabeis to be denied their request.
That petition, Byrne said, was filled with “a great deal of misinformation.” He said many of the people who signed the petition lived as far as five miles away.
At that point, the Zoning Board heard comments from residents.
First to speak was Don Weiss, who sold Stonebridge to the Barnabeis, and who held events at the mansion while he was the owner.
He said that while the property may be operated as a Bed & Breakfast, the conditions the township placed on it are too restrictive to make that economically viable.
Weiss said he held more than 20 events while the owner — events that township supervisors knew about, some that they attended — and there was never a problem with traffic or undue inconvenience to anyone. Those events included a month-long event in 2011 when more than 6,000 people came to Stonebridge.
“The township picks and chooses what it wants to enforce,” Weiss said.
He added that the township, Barnabeis and the Zoning Hearing Board could work this out without the need for either side to appeal a decision to a judge in Media.
Webb Road resident Nick Fuller spoke against the application because it would set a bad precedent. He said that if the Barnabeis could host weddings, then other people could engage in less desirable activities.
Resident Greg Marcotte also wants the Barnabeis denied because of potential noise problems, but Byrne challenged him.
Marcotte and his wife were the ones who posted the online petition, the one that Byrne had already said held misinformation. According to the exchange, the Marcottes included a letter with the petition saying the Barnabeis had held a party with noise that lasted into the night and woke the Marcottes at 1 a.m.
The allegation was wrong, Byrne said, because the Barnabeis were not hosting anything the night in question. The noise was coming from the Brandywine River Museum during an annual Halloween event. The museum is also in a residential district, according to previous testimony.
Donaghue took the opportunity to suggest that if the Marcottes could be disturbed by noise coming from twice as far away as Stonebridge Mansion, then noise from Stonebridge would be even more intrusive.
The last to speak was Lou D’Iorio who has lived next door to Stonebridge for 50 years. He agreed with Weiss that the situation can — and should — be worked out amicably.
D’Iorio also said that there has always been commercial activity in the area and that Stonebridge has never been kept as well as the Barnabeis have maintained it.
While the formal hearing has concluded, there are still other legal procedures that must be addressed. Once the respective attorneys get the hearing transcripts, they have 30 days to file facts and findings of law, and then the zoning board has up to 45 days to render its opinion. Donaghue anticipates a ruling in February.
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.
Who can and can’t host weddings and other special events in Chadds Ford residential districts?
While Chadds Ford Township is fighting a resident’s request to hold special events for profit at a private home, Brandywine Battlefield Park, also in a residential district, does host such events.
Drew and Nicola Barnabei are involved in a zoning hearing in which they’re seeking to hold weddings and other events at Stonebridge Mansion, the 25-room home on almost 5 acres of land at Webb Road and Route 1. The home is in the R-1 residential district and the township contends that holding such events is not permitted in the R-1 district.
However, the Brandywine Battlefield Park is also in an R-1 district and during an Aug. 21 hearing, Nicola Barnabei testified and presented documentation that a wedding was held at the park last year.
In the interim, Chadds Ford Live has learned that another wedding is scheduled for the park this November and that the Brandywine Battlefield Park Associates has a committee to explore hosting the events. There was also a wedding with a tent and outdoor music on Webb Road on Aug. 24, two properties up from the Barnabei home.
According to Township Supervisor George Thorpe — who is also on the Associate’s board — the fact that both Stonebridge and the park are zoned the same is irrelevant.
Thorpe said the Barnabeis were told explicitly that they could not hold events at Stonebridge — that it “would never be the case” — but that the park is grandfathered in since special events have been held there for many years.
“We don’t give permission, we don’t not give permission, they just do it at the [park], Thorpe said. “So, there is a great, great difference between the two.”
The Barnabeis believe Stonebridge should be also grandfathered because events have been held there. In lieu of being grandfathered in, they are seeking zoning relief.
Thorpe added that the lack of advertising is another difference between the Stonebridge and the park, as is the fact that the park is state property and the township supervisors have never been asked for permission to do anything there.
He acknowledged that a committee was established to handle “small, events,” but no negotiations were underway with event-organizing companies and that he’s not aware of any weddings being planned for later this year.
”It could be that they have talked to our education director who gets involved in things like this, but to my knowledge — and I’m on the [Associates’] board and very much involved in scheduling things — I’m not aware of that,” he said.
While Thorpe might not be aware of a wedding planned for the park later this year, that’s not necessarily unusual.
“There have been weddings at the park for years, some we’ve known about, some we haven’t,” he said.
Brandywine Battlefield Park is owned by the state and is overseen by the Pennsylvania Historical and Museum Commission. PHMC spokesman Howard Pollman said having weddings at commission sites is normal.
He also said there have been negotiations with a private company for a wedding tent at the park with the Brandywine Battlefield Park Associates (also referred to as the Friends of Brandywine Battlefield) receiving a share of the profits.
“The Friends have had a lot of conversations with a lot of different [entities] but things move slowly…I think these talks have been going on for sometime,” Pollman said.
He said that having special events at PHMC sites is part of the annual licensing agreement with the various friends’ groups and added that the Brandywine group has talked about adding a pavilion and even received some money for the project but it wasn’t enough.
Pollman also said that improvements to the visitors’ center could make the site more attractive for corporate events.
“The idea of hosting a special event, a wedding or whatever, is not alien to us. It happens at all of our sites…The Friends can do this as part of their licensing agreement.”
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.
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.
The owners of Stonebridge Mansion are saying Chadds Ford Township is improperly denying them full use of their property and have gone to the Zoning Hearing Board seeking relief. The township is contesting that position.
Stonebridge is the large property on the west side of Webb Road at the intersection of Route 1. It’s in the R-1 residential zoning district, but carries with it conditional approval for use as a Bed & Breakfast.
It’s the township’s position that no commercial use of the property, except for the limited use as a B&B, is permitted and that the current owners are trying to use the property for commercial purposes.
Owners Drew and Nicola Barnabei say the code does allow other uses, such as renting the property for weddings and various other private parties. Supervisors sent solicitor Hugh Donaghue to the hearing to contest the Barnabeis’ request.
Specifically, the Barnabeis assert that proper interpretation of 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 June event planned for the Delaware County Brandywine Valley Conference and Visitors Bureau at Stonebridge had to change venues when the township sought an injunction in the Court of Common Pleas. An out of court settlement was reached in which the Barnabeis agreed not host the event in exchange for being permitted to host a wedding in September. Going through a zoning hearing was also part of the agreement.
Township resident Don Weiss, along with business partners, bought the 7-plus-acre property in 2007 as an investment. In 2008 they went before the Planning Commission and received permission to subdivide the property. They also went through a conditional use hearing for approval to use the large house as a B&B. They sold the property in the latter part of 2011.
Under direct examination from attorney Jim Byrne Jr., who is representing the Barnabeis, Weiss testified that the property had already been used for various events that went beyond any B&B limitation, and that the township knew about those uses and, in fact, took part in some.
The Chadds Ford Township Republican Party held fund-raisers at Stonebridge while Weiss and his partners owned the property, he said, and supervisors attended.
Stonebridge was also the site of a month-long charity event for the Oxford Art Alliance in the spring of 2011. More than 4,000 people were in and out of the property during the showcase event, he said, and the township even granted the use of a sign.
Food, wine, beer and various items were sold on the property during the Art Alliance Showcase, Weiss added. And while Stonebridge was not rented out for the event, part of the agreement was that the alliance would paint the rooms.
Parking was onsite for that May to June event, as is required.
Additionally, the site was part of the Chadds Ford Historical Society’s Candlelight Christmas one year, and has also been used for Bible study, a christening and a prom party, he said.
Weiss also answered questions regarding traffic in to and out of the property. There are two points of ingress and egress. One is on Webb Road, the other on Route 1.
He said there was concern as far back as the B&B hearings that the Webb Road driveway was too narrow for fire trucks to get through. However, it was later shown that such vehicles can get into the property from that point.
A smoke machine set off alarms when a movie was being filmed at Stonebridge. The fire company did get its truck through without any problem, Weiss said.
Much of his testimony regarding past use and the ability for fire trucks to enter the property was repeated under cross-examination from Donaghue. However, Weiss did say that he had no recollection of ever having any conversation with township or county officials regarding any type of accessory use. In formal proceedings and in correspondence, the only uses mentioned were residential and as a B&B.
Weiss also said that he never told any prospective buyer, or the Barnabeis in particular, that the property could be used for anything other than a home and a B&B.
Some of the interaction became pointed when Donaghue asked Weiss about his reasons for originally buying Stonebridge.
Weiss acknowledged that he and his partners made the purchased as an investment, but there was a pause before answering when Donaghue asked whether subdividing the land was to maximize profit.
Weiss, who is an attorney, took a moment before responding: “Since I have to tell the whole truth…We subdivided so you [Donaghue] could buy the back lot.”
He said under further cross-examination that Donaghue never did make an offer to buy that parcel.
It was also testified that the B&B limitations include serving no meals other than breakfast and an afternoon tea, that only five of the seven bedrooms could be rented out at any one time and there was to be a limited number of cars on the site.
During re-direct examination, Weiss noted that the Brandywine Battlefield Park is also in the R-1 district, but there is commercial activity there with various items being sold on that property.
After two hours of testimony from Weiss, the July 17 zoning hearing was continued to Aug. 21. Attorneys plan to call more witnesses then.
