Speakers Voice Emotional Appeals Against Potential Billboards in Phoenixville
A public comment period was held following a zoning hearing Wednesday evening.
Editor's Note: This is the second of two articles on Wednesday's zoning hearing. The first article outlines Chester County Outdoor's case as well as the borough's closing arguments in the matter.
Carol Kuniholm paced within the area of a few square blocks on the floor, her voice cracking at times as she spoke.
Though not from Phoenixville, Kuniholm has tracked the work of billboard advertising firm Chester County Outdoor and she’s part of Occupy Phoenixville. She called the opposition to three 43-foot tall electronic billboards proposed for the Nutt Road corridor a perfect example of what the Occupy movement is about, calling the bids to put billboards around southeastern Pennsylvania “corporate harassment.”
“You ought to be embarrassed,” Kuniholm told Patrick Wolfington, the lone employee of Chester County Outdoor on hand at Wednesday’s hearing.
Kuniholm reviewed some of the other towns where billboard fights have taken place, an she said that property values and safety are concerns if the outdoor advertising comes to Phoenixville. She urged Wolfington to “consider a different way of making money,” and urged them to go where they’re wanted rather than to places where people care about their communities.
“They are not interested in those people,” Kuniholm said.
She urged the borough to fight the billboards and noted that as the issue will likely go to court after the conclusion of the hearing, it will probably be a long fight.
“This game could go on for years,” Kuniholm said.
Following her comments, the Exton resident received applause from those in the audience, many of whom got up themselves during a public comment period following Wednesday’s zoning hearing on a substantive zoning challenge filed by Chester County Outdoor. Though the application challenges the full zoning ordinance, the applicant must have a reason for being there, and to establish that Chester County Outdoor provided three 29-year, 11-month leases with local businesses for evidence.
The businesses are Sal’s Pizza Box at 95 Nutt Road, Napa Auto Parts at 486 Nutt Road and Monro Muffler at 1012 Nutt Road.
Jennifer Mayo, who serves as Middle Ward councilwoman, said she won’t support any of those businesses on a personal level.
“This is trash and you know it and this should not be allowed to happen,” Mayo told the applicant Wednesday night.
Although all nine individuals who applied for party status in the legal proceeding received that designation over Chester County Outdoor’s objections, cross-examination of Wolfington proved somewhat fruitless as attorney Amee Farrell directed him not to answer any questions that were considered “site-specific.”
Zoning Board Member John Horenci advised those interested parties to hold their site-specific questions for county court, where the matter may end up. Though questions seemed off the table, many audience members took advantage of the public comment period following the hearing to voice concern and displeasure about the potential billboards.
Mike Cahill said the billboards would make Route 23 look like “another Baltimore Pike,” and he noted that there already are freestanding, off-premises billboards in a few locations in town. He said Chester County Outdoor was trying to “bully” its way into communities. Attempting to withdraw the specific specifications and plans for the billboards and refusing to answer questions showed the nature of the company, Cahill said.
“That really sticks in my craw and makes me wonder what kind of people we’re dealing with,” Cahill said.
Lylia Hoehl didn’t hang back as she delivered her comments, but walked up next to where Wolfington was seated at the table in front of the zoning board. Wolfington looked up at her as she pleaded for the company to look somewhere else besides Phoenixville.
“Please go where you’re wanted,” Hoehl said.
Other commenters cited concerns with losing the historic character of the town, reduction in property values, worries about traffic safety at Nutt Road intersections and fears about what kind of advertising could be permitted and the intensity of lights used on the electronic billboards.
The next step will likely be the Chester County Court of Common Pleas. If the zoning board finds that Chester County Outdoor is correct and the sign ordinance does not allow for off-premises billboards, then the applicant would have to go to court and the court would determine specifics on allowing the signs in Phoenixville.
Farrell indicated multiple times that the applicant will likely appeal if the zoning board finds that the ordinance does allow for off-premises billboards, again sending the matter to court.
Despite the potential costs involved, several commenters urged the borough to fight the potential for billboards along the Nutt Road corridor.
“I don’t want my taxes to go up but I want you to fight this,” Cahill said.
After the hearing concluded on Wednesday, parties will file briefs within a 30-day window. Following that 30-day window, the 45-day time clock that the zoning hearing board has to make a decision takes the final ruling to Feb. 27.
Gilligan
8:00 am on Friday, December 16, 2011
The common denominator in all the billboard bullying is the law firm Kaplan Stewart led by Amee Farrell. Thaddeus Bartowski and his various billboard companies make themselves conveniently unavailable.
So why not give Amee and her assistant Kristen D. Shepherd a call and give them a piece of your mind? 610-941-2515. What would happen if 10,000 people in Phoenixville and 50,000 people in say Haverford bombarded them every day with inquiries? Wouldn't you love to come to work to "You have 6,345 new messages."
Here's their fax. Bombard them. 610-684-2142
http://www.kaplaw.com/Bio/AmeeFarrell.asp
We're giving them a free pass to bully us. Make them pay with their time. Make them not want to answer their phone. Start a movement. Otherwise, this is going to happen.
Jaxxon
2:44 pm on Saturday, December 17, 2011
I am surprised Ms. Farrell was educated at Temple. I always had it in my mind that students educated at that school were more concerned about building and staining community flourishing instead of working for a firm that has no qualms about undermining them. I guess a job is a job in these times, though.
jane
9:36 pm on Saturday, December 17, 2011
http://articles.latimes.com/1989-11-09/news/mn-1431_1_road-signs
Karen
8:26 am on Friday, December 16, 2011
Bother the attorneys, and withholding support for the shop/board locations, are good ideas, but should billboards ever be approved for the Nutt Road/Rt. 23 corridor I would boycott the businesses displayed on the billboards, too.
Gilligan
10:20 am on Friday, December 16, 2011
idk Karen. That billboard says take 30 cents off each gallon of gas at Giant, you're probably going to Giant. We need to do something before the sign is built, not after.
Frances Stein
10:58 am on Friday, December 16, 2011
Why not bombard the businesses who are signing up for the billboards now, too? Get them to back off of this form of advertising. I'm sure that calling them repeatedly would send a message loud and clear. They won't like having their phone lines clogged up since they will lose business.
Gilligan
12:46 pm on Friday, December 16, 2011
Frances. You're referring to the property owners at Sals, Monroe Muffler and Napa? I don't know if the folks that own Sal's property also own Sals or do they lease to Sals? Same for the other properties. So without research, you may be penalizing those companies unnecessarily.
But the lawyers are the evil common denominator. There is one phone number and they're the ones making money off this and getting a free pass. All I'm hearing are excuses.
I thought I'd fling this out there to see if it sticks. All we're going to get are more lawyer bills and eventually some ugly blinking signs.
Santos L. Halper
12:56 pm on Friday, December 16, 2011
Boycotting the business would help get message across as well. Even if they are just leasing they will go to landlord and tell them to stop - its hurting their business. That will get attention,
David B. Meadows
8:52 pm on Friday, December 16, 2011
I agree with Jeninfer Mayo. I won't do business with the businesses that are bringing the bill boards into town.
Kevin R Pound
7:48 am on Saturday, December 17, 2011
I fear that the borough will cave in on this based on the potential cost in legal fees. I don't patronize those businesses now, so a boycott doesn't work for me. Originally I was non-committal about the subject, but now I that I know who is behind the billboards and their attitude toward local residents, I stand with those who oppose the billboards and make this offer: if the attorneys for the borough will handle this case pro bono, I will donate $500 to a charity of their choice.
Lionel Hutz
7:48 am on Saturday, December 17, 2011
Bombarding the business are a great idea. I'd say I'd boycott Sal's but since I haven't eaten there in 8 years (food is terrible) I doubt my lack of business would be missed. Even if they lease I'm guessing the landlords get a percentage of the profits.
Bud Horenci
11:41 am on Saturday, December 17, 2011
Other than Sal's, I'm not sure if Sal still holds an ownership in that business or just owns the property, the other two businesses are leasees of their respective properties and the owners are NOT local residents. Sherman Williams Paints has already indicated they are opposed and indicated at the hearings that any billboard in front of their store violates their lease. I suspect if the owners of the properties had empty store fronts because of their action to lease additional portions of their properties to this billboard company they may reconsider. Probably not though since it appears the 29 year, 11 month leases are very lucrative for the property owners and they don't have to do a thing except sign the lease and cash the monthly checks. The other applications submitted from a separate sign company that the Borough declined to allow were with the Chevrolet car dealership, who does does own the property. Those applications were denied for a multitude of setback, size, etc. type reasons, not because billboards are illegal. Currently the Borough has no inclination to "cave" and intends to defends it's position aggressively. Let your council person know if you support that fight as it's ultimately Council's decision on how aggressively the Borough does or doesn't fights. I would also hope the Borough's legal team will consult with the multitude of other municipal teams that have or are successfully attempting to thwart this activity. There's always strength in numbers.
Brandon
3:21 pm on Saturday, December 17, 2011
If the borough doesn't block this then I might as well contact the billboard people and tell them they can put one up in my front yard. Maybe the income can help offset all the tax increases I'm incurring by living in the borough.
Lionel Hutz
10:07 am on Sunday, December 18, 2011
Out of curiosity. Who is the lawyer representing the borough? I would assume (perhaps incorrectly) that they are against this. It seems the company came prepared with lawyers and I'm wondering who is on the other side fighting this.
Barry Cassidy
1:20 pm on Sunday, December 18, 2011
Unruh Turner Burke & Frees represent the borough on most matters and i think there is a conflict attorney in case there is a conflict for the firm. i believe the zoning board has its own representation.
i was unable to make the hearing but i heard it was not an overflow crowd. i think those seeking to stop this should be organized and come up with a plan to enable action to be meaningful.
it is not my job anymore to lead these kinds of efforts but one of you should step up and call a meeting of those seeking to stop this and develop a cohesive plan of action.