Zoning Board of Adjustment Approves Woodmere Addition

By MICHAEL J. MISHAK

It’s finally over. The months-long case of Woodmere Art Museum and its neighbors ended last week when the Philadelphia Zoning Board of Adjustment (ZBA) granted the institution’s request for a zoning variance.

For the museum, the decision paves the way for construction of a controversial two-story, modern-style wing designed by renowned architectural firm Venturi, Scott Brown and Associates. The addition required a use variance because of Woodmere’s residential zoning status.

For the North Chestnut Hill Neighbors, a group of about 20 nearby households who had opposed the project, the ruling caps, for the time being, a heated debate over quality of life. The group has 30 days from the date of the decision to file an appeal in Common Pleas Court.

Robert Shusterman, president of the neighbors group, declined comment on Monday, hanging up on a Local reporter. Speaking on behalf of David Fineman, the group’s legal counsel, lawyer Gary Krimstock said his firm had received a copy of the ZBA decision on Monday and planned to review it with the neighbors. “We are very disappointed,” he said of the ruling.

While allowing Woodmere to obtain building permits, the zoning variance requires the museum to honor the agreement it signed with the Chestnut Hill Community Association (CHCA) last October. The six-page document, which addresses a number of quality-of-life issues, resulted from a series of CHCA meetings that began in February 2004 and stretched well into the summer. Still, a group of the museum’s nearby neighbors felt the agreement — which covers construction, lighting, parking management and operational issues — did not go far enough. The agreement, they said, failed to address concerns over the design and size of the new wing.

Unable to strike a compromise, the neighbors formed their own community association and hired legal counsel. The two sides then argued their cases before the ZBA at five public hearings, producing expert witnesses in what often amounted to high courtroom drama.

Last month, the continued legal wrangling pushed ZBA chair David Auspitz into a tirade during the final hearing. “We’re missing something about the great tragedy here,” said Auspitz, pleading for the neighbors group to clarify their concerns.

Barring an appeal, the museum will move forward with its expansion plans, which it has said will accommodate art, archives and staff.

“We’re pleased with the decision,” said Michael Schantz, director and chief executive officer of Woodmere. “We expected a positive vote because there was never really any substance to the argument of not meeting zoning requirements. Aesthetics is not a zoning issue.”