Billboard Debate on Township's Sign Ordinance Rages On

NEWTOWN SQUARE–Approximately 75 residents were present at meeting Wednesday night. This was the second hearing on the Bartkowski Investment Group's (BIG) application for billboards in the township.

BIG proposed to erect three separate billboards along West Chester Pike in Newtown Square within approximately 1.75 miles in distance, starting from Media Line Road and just before St. Alban's Circle. The three locations include the Meineke auto shop on 3105 West Chester Pike; Newtown Beer & Soda at 3513 West Chester Pike; and Weinrich's Bakery on 3545 West Chester Pike.

All of the signs will now measure at 14-feet by 48-feet and all of which have reduced its overall height. The billboard location at 3105 West Chester Pike reduced its total overall height from 62-feet to 58-feet in height; 3513's proposed billboard height dropped from 57-feet to 55-feet; and 3545's proposed billboard reduced the most in total height from 78-feet to 58-feet.

BIG was represented by their attorney Carl Primavera and Patrick Wolfington, an expert witness affiliated with the investment group. BIG argued the township's sign ordinance is "unconstitutionally exclusionary."

James Byrne, Newtown Township solicitor, argued that according to the law, "a use can be excluded or prohibited" and the township actually does permit billboards in the industrial zone that was made in the amended ordinance in 2009. According to Byrne, the amended ordinance was adopted on June 8, 2009, which regulated the shape and size of the billboards.

"That change [of the ordinance] was pending at the time that this application was made," said Byrne.

In addition, Byrne previously mentioned at the last hearing a copy of the death certificate of the previous owner at 3513 West Chester Pike was needed as well as lease agreements and the original dates that were redacted by BIG on the leases.

BIG provided all the documents except providing the redacted dates on the leases and believed them to be "proprietary information."

"The contingency period is still redacted [on the leases]," said Primavera. "Why? We believe the township is antagonistic to us on that position that any attempt to delay would impair our contract so we believe that only that portion would be requested in good faith."

However, George Cordes, township zoning board solicitor, said the dates need to be provided in order to confirm BIG is in good standing.

"For you to have an agreement prior to April '09 and this being February 2011, to ask us to accept your word that your authority to seek relief hasn't expired is unreasonable," said Cordes. "You're given the power to seek relief for a specified period of time."

In addition Byrne made his case on each of the three proposed locations stating, "I can't think of a much worse place," in regards to the strip on West Chester Pike where the three billboards would be installed. Byrne constituted the billboards would be unsafe and dangerous due to light pollution and a distraction to drivers on a 40 mph roadway.

Approximately 20 residents went on record to protest BIG's application, in which two were business owners affected by the proposed billboard sites.

"I object to this because it will drive away business," said David Lamperelli, 23-year owner of Christopher's Chocolates which is located on 3519 West Chester Pike between Weinrich's Bakery and Newtown Beer & Soda billboard locations.

The owner of Newtown Hairstyling, one of the proposed locations for the billboard, also shared the same sentiments in that "it would ruin business."

A handful of residents also spoke out, all opposing the billboards.

"The signs that were described tonight are aesthetically horrible," said Colette Milligan, a resident on Brookside Road. "They sound gross and they do not go with our neighborhood at all. They're misplaced."

Eric Fedor, a resident on Rhoads Avenue, also shared his grievances with the application.

"To me, those signs propose a traffic nuisance," said Fedor. "These signs are going to be like having a tractor trailer 50 feet in the air. That's half a football field. And that's a lot to read."

Charles Brown, a resident on North Line Road, said he's lived in town since 1966 and has seen numerous accidents at the intersection on Media Line Road and West Chester Pike, one of the proposed locations by the Meineke.

"This is going to be one more distracton for people in that area," said Brown.

The next hearing on the matter has been scheduled for March 30 at 7 p.m., in which BIG is expected to bring in traffic and structure engineers.