March 17-23, 2005

loose canon

High-Rise Smackdown

Society Hill readies to battle developers who tout tall aspirations.

by Bruce Schimmel

Tania Rorke did not gallop through Society Hill's cobblestone streets last week crying, "The developers are coming, the developers are coming." But the newsletter of the Society Hill Civic Association (SHCA), of which Rorke is president, made almost as powerful a call-to-arms for residents who fear that new high-rises will plunge their neighborhood into darkness.

"Speak now, or forever hold your peace," read the headline of Rorke's column. And residents of this wealthy neighborhood of historic houses are opening not only their mouths, but their wallets — to fund a legal defense of their low-rise lifestyle.

Such a fund is more than just a first for Society Hill neighbors. What makes this especially remarkable is both the way the money is being raised and the size of the numbers being bandied about.

Elsewhere in the newsletter, in a page-length letter titled, "Protecting Society Hill from Developer's Greed," one neighborhood couple offers to match dollar-for-dollar any amount of money that other neighbors contribute up to $100,000. Society Hill's legal war chest could quickly grow to $200,000.

The anonymous couple, who declined to be interviewed, write that "ordinarily we would applaud the triumphs of capitalism, but not when its success is achieved by wealthy developers attempting to persuade city boards and commissions that the law does not mean what it plainly says." Among the city agencies being targeted by the legal fund are the Zoning Board of Adjustment and the Philadelphia Historical Commission.

Until recently, the biggest concern had been the Dilworth house at 223-225 S. Sixth St., which developer John Turchi wants to raze and replace with a 15-story condominium [Cityspace, "'Worth Saving?" Nicole Sarrubbo, Feb. 24, 2005]. Although the historic house is nominally protected by the city's preservation ordinance, neighbors fear that the Historical Commission could be swayed by a team headed by legendary architect Robert Venturi.

Meanwhile, a larger threat has emerged: NewMarket, a 1 1/2-acre lot bound by Pine, Lombard, Second and Front, which is currently an empty slab of concrete. In 2000, actor Will Smith led a group to buy the land for $3.2 million to build a fancy hotel and retail complex. Smith's group convinced the Zoning Board of Adjustment to raise the six-story height limit to 11 stories.

But after funding fell through, the vacant lot was sold in December 2004 for $10.5 million to Sant Properties from Northeast Philadelphia. Sant is a leading developer of industrial properties; this is their first foray into residential real estate.

Since purchasing the property, Sant's behavior has caused Society Hill neighbors to mobilize.

Paul Boni, a lawyer who heads SHCA's Zoning Committee, says he reached out to Sant but was ignored. Boni faxed a letter to both their main office and to their attorney. "We figured that we'd hear back from them in a few days," says Boni. "But when we didn't, we got nervous, very nervous."

Adding to neighbors' anxiety has been the developers' tactic of canvassing homes bordering NewMarket. "When a developer meets with a bunch of immediate neighbors and does not meet with a civic association," says Boni, "they are doing a "divide and conquer.'" Neighbors came to SHCA after hearing that instead of a 11-story hotel, they may get 30 stories.

When reached at his office in the Northeast, Sant Properties's Hardeep Chawla denied seeing either of Boni's letters. (Boni has fax receipts.)

Chawla confirmed that Sant Properties is meeting with neighbors. "Once [they have] blessed the design," says Chawla, "we'll meet with the civic associations, and then go to the Zoning Board." As to the number of stories in the residential condo he envisions, Chawla said "in the 20s," with two-bedroom apartments priced at about $800,000.

In response to the legal fund being assembled, Chawla replied, "We're encouraged that they put together a legal defense fund. We'd rather deal with one attorney than with 20 different neighbors.

But Chawla also insisted that with Smith's Zoning Board approval in hand, "If I wanted to [build a hotel] tomorrow, I would not have to meet with the neighbors." Chawla has since agreed to meet with SCHA.

Chawla says that the currently approved 11-story hotel would be "a lot more disruptive" than his 20-plus high-rise. In building this high-rise, he was merely "remassing" the square footage already approved by the Zoning Board.

SCHA's Tania Rorke disagrees. "Height is a major concern to all residents in this community. The next tallest building in that area is probably four stories. Mass and height are not interchangeable."