Bitter Woodmere fight comes before ZBA

by JAMES STURDIVANT

Hopes for an amicable resolution of the conflict between neighbors and the Woodmere Art Museum over the construction of a new addition were shattered last week when a special hearing before the city zoning board produced little more than a call for new discussions amid angry sniping and recriminations.

Lawyers for both parties in the dispute, the museum and the newly-formed North Chestnut Hill Neighbors Association, agreed that the two sides would meet privately sometime before Dec. 3, by which time each side pledged to present a statement of its position before the zoning board.

"I think that there's a deal here somewhere if we can get past the emotions," ZBA chairman David Auspitz said.

Emotion ruled the day last Wednesday at 1515 Arch Street, however.

The hearing began with each side summarizing its position on the issue of the museum's proposed 25,000 sq. ft., two-story addition designed by Venturi, Scott Brown and Associates. Calling it "a rather simple case from the applicant's perspective," Woodmere lawyer Peter Kelsen outlined the basic features of the project.

"We are proceeding with an application that allows us to build an addition that is small scale, but will allow the museum to expand back-of-house," Kelsen said. He stressed that the proposal has received support from the CHCA, Councilwoman Donna Reed Miller, Senator Allyson Schwartz, the Morris Arboretum and the Chestnut Hill Business Association.

"Woodmere proposes to build a massive, large museum in what is now a residential area," neighbors' lawyer S. David Fineman countered. "It looks like a middle school, if I had to identify what it is."

Fineman said that key parking issues were not addressed by the plans and said that he had expert witnesses who could testify that the contour of the land is "inappropriate" to such a structure. He added that there was "no hardship that justifies the variance."

The principal architect on the project, Chestnut Hill resident Eva Lew, addressed questions about the addition's size, intended use and visual impact on neighbors.

Pointing to site plans propped on a chair, Lew noted that a proposed mechanical building had been dropped from the design, cutting the project's footprint. The site slopes steeply from front to back, which, combined with the screen provided by trees, will minimize its visual impact, Lew said.

"The addition recedes into the topography," she said.

Lew argued that the section of Germantown Avenue along which Woodmere is located, although zoned residential, is already a mix of "commercial, institutional and residential," citing the Sugarloaf Conference Center, Norwood Fontbonne Academy, The Presbyterian Church of Chestnut Hill, Chestnut Hill Hospital, and Chestnut Hill United Methodist Church in illustrating that the museum is "surrounded by institutional uses."

In response to questioning from Kelsen, Lew said that the average height of the addition was 32 feet, much lower than that of the museum's existing tower, which she estimated at 75 feet. She confirmed that plans call for 82 parking spaces, four more than are currently available, and that no additional curb cuts will be required.

Under cross-examination from Fineman, Lew described the uses for which the addition was designed: a 2035 square foot gallery for changing exhibitions, staff offices and toilets, archive space, conference rooms and a 90-seat multi-purpose room attached to a large terrace with a warm-up kitchen for special events. Fineman made much of the 14 toilets planned for the addition, asking if the staff had "intestinal problems."

"What are you getting at, catering? Let's cut out all of the suspense," ZBA chairman Auspitz said.

"Can you rent it for a wedding?" he asked Kelsen.

"No, no. No outside use," the lawyer replied.

The mediation question

Much of the 1 1/2-hour hearing turned on whether the museum and CHCA had, in fact, done an adequate job of considering the concerns of neighbors. In response to questions from the board, CHCA president Maxine Dornemann outlined the process by which the community association's physical division reviews zoning issues and testified that all meetings were announced ahead of time in the Local and reported on afterwards.

Asked why the agreement between the CHCA and Woodmere was not available for neighbors' review until October, Dornemann said that parties' being out of town during the summer was the primary reason. 

Neighbor Bob Schusterman testified that he felt shut out of the CHCA process when he was told by LUPZ board member Ned Mitinger that no neighbors would be permitted to sit on a sub-committee considering aesthetics. Mitinger, sitting in the audience, denied this.

Fineman sought to focus on what had transpired since the DRC meeting in June, when, according to Dornemann, there had been a "handshake" agreement over most key issues. Shusterman said that they had merely "shook to agree to consider the quality of life agreement."

"My clients have never seen the agreement dated Oct. 14 entered in with the community association," Fineman said. He added, "since I have been involved in this case, I have not sat down and spoke to anyone [on the other side] about this case."

"There has been no effort to exclude. In fact we have been very inclusive," Kelsen said during a subsequent exchange with Auspitz.

"When why are so many people here [in opposition to it]?" Auspitz asked.

"I don't know. Maybe they don't want the project."

"I find it hard to believe that Chestnut Hill people do not want this museum," the ZBA chairman said.

"Something happened between the handshake and now. I do not want it on the record that there was a flagrant disregard for the concerns of neighbors," Kelsen replied.

Characterizing the impasse as "internal strife" that "obviously ... cannot be resolved here in front of this board," Auspitz called for direct meetings between the museum and neighbors.

"Let's leave Chestnut Hill out for a minute," he said, referring to the community association.

Auspitz assured Woodmere that the board was interested in a quick resolution.

"We are going to be extremely accommodating if there's an agreement," he said.