Denial of GFM variances backed by key Democrats
by Joel Hoffmann

Flip through the two-inch thick binder of evidence that persuaded the Zoning Board of Adjustment to deny takeout variances for the Good Food Market, and you’ll see that some prominent Democrats backed near neighbors of the property, validating their concerns about parking, traffic and safety.

Read the minutes from the Chestnut Hill Community Association’s public meetings on the subject and you’ll find those same Democrats – State Rep. Cherelle Parker, Councilwoman Donna Reed Miller and At-Large Councilman William Greenlee, Greenlee aide Julie O’Connell and former Councilman and District Attorney candidate Dan McElhatton – conspicuously absent from the debate.

Democratic opposition to the variances for takeout gelato, coffee, sandwiches and salads seems to have crystallized after the CHCA voted unanimously in support of the variances, even with a list of 15 provisos attached to the motion.

Parker and Greenlee submitted letters of opposition to the ZBA in early October after reviewing a petition signed by 92 concerned neighbors living within two blocks of the market. Miller’s letter was dated Aug. 17, when the number of signatories to the petition stood at 78. McElhatton, an attorney, represented near neighbors at the Oct. 7 ZBA hearing and O’Connell testified on behalf of Greenlee and the neighbors.

Some critics have alleged that the Democrats overstepped boundaries in a plot to undermine the CHCA’s standing before the Zoning Board.

“It’s a shame that the process that’s been in place in Chestnut Hill for years – of Aesthetics Committee review, of Development review and Community Association review – was usurped,” said Greg Welsh, president of the Chestnut Hill Business Association.

Welsh believes that Jennifer Zoga, the market’s proprietor, was “ambushed” at the ZBA hearing by the Democrats, and that she was a victim of “political shenanigans.” He said the CHBA, the CHCA and its subcommittees were “all coming together to rectify” the outcome because it’s critical to show the city that Chestnut Hill is  “a community that welcomes business.”

McElhatton quickly dismissed allegations of a political fix.

“That’s bulls**t,” he said, angrily. “I believe in my heart the law was followed and the ZBA made its decision based on the merits of the case.”

McElhatton said that city zoning law calls for a hardship in order for a variance to be granted, and he saw no hardship in the market’s case.

“Hardship is not something you’re entitled to,” he said. “It is something you earn. That’s a high burden, and they failed to meet the burden.”

Neither Miller nor Parker returned a request for comment. But Greenlee and O’Connell agreed with McElhatton that near neighbors of the market had a compelling case.

“You hear this all the time, that this is a political deal,” Greenlee said.

We’re supporting residents of the area. That’s what we do.”

Greenlee also dismissed the implication that he is anti-business.

“There’s always going to be disagreement between businesses and residents,” he said. “We’re certainly not anti-business, but these are the folks that have to live there 24/7.”

O’Connell expanded on Greenlee’s defense of the rights of near neighbors.

Although 470 people signed a petition in favor of the market’s variances – including 230 who listed Chestnut Hill addresses – a broad group of supporters will not automatically defeat a smaller group of concerned near neighbors under city zoning law, according to O’Connell.

“Near neighbors have the highest standing” before the zoning board, she said, adding that “it’s very important that we protect the residential viability of the unit blocks off Germantown Avenue.”

When asked to comment on allegations of political machination, O’Connell, whose husband, John, is the 9th Ward Democratic leader, said “it wasn’t a conspiracy at all. I spoke to Walt [Sullivan] about it.”

Sullivan, who has long been involved in 9th Ward Democratic politics, confirmed that he and O’Connell had spoken at length about why she defended the near neighbors. He said he understood her reasoning, adding that “if the board had known what we know from the ZBA record, we would have taken a long, hard look” before voting unanimously in support of the variances. But, he noted, “I’m not prepared to say the CHCA made a mistake.”

Sullivan said that the board tends to rely on the recommendations of its subcommittees, and in the case of the market, it seemed to him and his colleagues that the subcommittees had done their best to balance the concerns of near neighbors against the needs of the market and its supporters.

It seemed to Sullivan, who attended most of the subcommittee meetings, that opposition to the variances had lessened over time. It also seemed to him that Zoga had allayed many of the neighbors’ concerns by adopting the list of provisos.

“We thought activity by Mike Flynn [the neighbors’ former spokesman] had resulted in the conditional support and had caused most of those who signed the original petition to change their minds.”

About 20 percent of the people who signed the original petition routinely attended CHCA meetings to express their opposition.

Because the market was able to open by right, Sullivan said, the question was how much additional traffic congestion would come from permitting the variances.

The neighbors had argued that Zoga’s projection of 150 customers a day understated the impact. Zoga never contested the fact that West Willow Grove Avenue often gets congested during rush hour. But she anticipated that the vast majority of her customers would walk to the market. The neighbors said Zoga was being unrealistic, but they did not quantify how much additional traffic congestion the variances would bring if granted.

Sullivan admitted that the neighbors’ concerns had “substance,” but he did not believe the variances would dramatically increase traffic congestion or encourage double-parking.

So, he and his colleagues sided with the market.

Sullivan does not see the neighbors’ Democratic backing as a political fix. Nor does he believe that the Chestnut Hill Residents Association made a difference with their endorsement.

“It was simply the intensity of the opposition,” he said.

Sullivan said it was “not a minus” for the neighbors to have McElhatton representing them in front of the ZBA, but he described McElhatton as a “straight-up guy” and confessed that he and other 9th Ward leaders had supported McElhatton in the primary and continue to think highly of him.

“On the matter of the input of these public officials, they have every right, and that is custom,” he said. “It is commonplace for a district councilperson to weigh in – less commonplace for an at-large member.”

Sullivan didn’t find Greenlee’s opposition puzzling. But Miller’s did vex him. He said he had spoken to her before the ZBA hearing – the market variances was one of many topics – and “there was every indication she was going to stay out of it.”

It didn’t make sense to Sullivan that the date on Miller’s letter to the ZBA preceded the CHCA board’s unanimous vote at the August meeting.

“She thinks that Chestnut Hill and the whole 9th Ward have not been crazy about her,” he said, “ and that’s absolutely true.”

But the purpose of Sullivan’s meeting with Miller was to get past that and strengthen the relationship between Miller and Chestnut Hill.

Nonetheless, the message behind the ZBA’s decision hasn’t been lost on Sullivan.

“I think we should be very much in the future attuned to the concerns of near neighbors,” he said.

Although the neighbors have successfully defeated the variance – Zoga has no plans to appeal so far – they will still have to deal with surging interest in the market.

After distancing herself from the zoning dispute with a vacation in Australia, and after much soul searching, Zoga has decided to make the market as successful as she can with the resources she has.

“My feeling at this point, quite honestly, is that I’m just kind of tired of the whole thing,” she said. “The great news is I didn’t need [the variance] to begin with. We’re doing fabulously. We’re doing better than we had possibly hoped and getting rave reviews.”

Zoga is ready to move on, and she hopes the neighbors are, too.