Common Pleas Court Judge Ann Butchart on April 4 denied reconsideration for local developer Ken Weinstein’s petition to gain a conservatorship over the Germantown YWCA building.

Butchart’s initial denial came on Nov. 5, ruling Weinstein failed to prove the property was sufficiently blighted or abandoned under Pennsylvania's Act 135. The act allows courts to appoint conservators to rehabilitate neglected properties.

Julie Stapleton Carroll, Germantown United Community Development Corporation board president, told the Local she’s “not surprised about the judge's denial. I think Ken's efforts were helpful in keeping the attention on the Y. Hopefully the [Philadelphia Redevelopment Authority] issues a new [request for proposal] and a new developer can be identified.”

The denial extends a years-long fight to preserve one of Germantown's most historically significant properties. The PRA seized the property in 2013 after its previous owner, Germantown Settlement, defaulted on a $1.3 million loan and filed for bankruptcy.

The PRA awarded development rights to Columbus, Ohio-based KBK Enterprises in 2016, but the project stalled repeatedly as KBK struggled to secure financing.

In a Feb. 12 meeting, PRA Board Chair David Thomas confirmed the expiration of KBK’s development rights, meaning the property is now technically open to new applications from other developers. However, for any developer to move forward with a proposal, they will need the support of  City Council and Councilmember Cindy Bass, since the building falls within her district. 

Bass told the Local, “I understand the frustration that many feel regarding the pace of progress in Germantown. I continue to support the KBK proposal because I believe we are closer than ever to executing a transformative plan for this historic community. KBK needs to be treated fairly and have the same options as all developers who decide to redevelop our city.”

However, Bass noted, “If progress is not made, then we will have to re-evaluate — and that includes considering alternative proposals.”

Weinstein feels KBK’s window has passed, telling the Local, “After eight years, KBK has not made any real progress despite a strong real estate market … they are no closer to shovels in the ground than they were when PRA first issued them a reservation letter.”

Despite the judge's decision, Weinstein sees the whole process as a win, adding, “By filing against the PRA on Oct. 10, 2023, we successfully forced the city to do a massive cleanup of the site in order to reduce blight and increase safety along Germantown Avenue. As a result of our action, many truckloads of trash were removed and new fencing was installed around the perimeter.” 

Blight became a driving factor behind Weinstein’s efforts and the formation of Friends for the Restoration of the Germantown YWCA, a local group advocating for preservation and better maintenance of that historic building. 

Friends of the YWCA members attended the Feb. 12 PRA meeting, urging the PRA to not consider future proposals by KBK. 

At the meeting, PRA Board Chair David Thomas and Deputy Executive Director Angel Rodriguez told attendees they must consider any legitimate proposal brought forward by a developer. However, a developer’s previous track record is taken into account. 

A month later, at another public meeting, Thomas said the PRA “did not want to waste anyone’s time because it would not be fair to anyone if the councilwoman was not willing to consider anyone else right now.” 

Ann Doley, a Friends of the YWCA member, told the Local, “Councilwoman Bass is very loyal to (KBK) and I don't understand it. I don't understand how you can keep supporting a developer who had eight-and-a-half-years and didn’t deliver.”

In response to public concern over KBK, Bass said “While KBK remains the current development partner, I understand and have listened to the concerns that have been raised. This project must move forward, and I want to assure residents that I am holding all parties accountable.”

Attending several public meetings and forums over the years, Friends of the YWCA members emphasized the need for affordable housing in the area, particularly for seniors. 

In response, Bass said, “I’ve heard the calls from residents who want to see senior affordable housing at the historic YWCA site, and I share the community’s commitment to ensuring that whatever happens there reflects the needs of Germantown.”

Weinstein does not plan to appeal the decision at this time, but said, “If the city continues to leave the building vacant and deteriorated, we reserve the right to refile an Act 135 case in the future.”