Scott Wilds has given me permission to forward his response (below) which he 
sent to the UC Historical Society concerning the current situation and Tuesday 
court hearing for 400 S. 40th St.:


- Melani Lamond
President, University City Historical Society


-----Original Message-----
From: Scott Wilds <scottwi...@aol.com>
To: UCHS-grapevine <uchs-grapev...@googlegroups.com>
Sent: Fri, Apr 4, 2014 2:44 pm
Subject: Re: {University City Historical Society Grapevine} Regarding UCHS' 
Grapevine group, and Lauren Leatherbarrow's message from last night


Thanks, Melani, for clarifying the situation.  I have followed this case 
closely, mostly from afar since I ended my service on the Philadelphia 
Historical Commission three years ago.  I had hoped to be able to get to the 
meeting on February 19, but was not able to do so.  In my time on the 
Commission, I was a supporter of designation of the building, opponent of 
de-designation, and opponent of the original proposal for a high rise hotel on 
the back of the site.
 
I was pleased that the UCHS membership at its meeting unanimously voted to 
support the current, compromise proposal.  I fear that unless the compromise 
proceeds, the mansion will indeed be lost and the replacement may be far worse. 
 The opponents may indeed be able to continue appeals and drag this out in 
court, with the inevitable result that the demolition will proceed and this 
important historical resource will be lost.
 
It is time for the opponents to declare victory, support the compromise 
outlined, withdraw the appeal and work with the development team to move 
forward with a positive re-use, including preservation of the mansion, for this 
site.  
 
Scott Wilds
University City



-----Original Message-----
From: Melani Lamond <mlam...@aol.com>
To: UCHS-grapevine <uchs-grapev...@googlegroups.com>
Sent: Fri, Apr 4, 2014 12:11 pm
Subject: {University City Historical Society Grapevine} Regarding UCHS' 
Grapevine group, and Lauren Leatherbarrow's message from last night




...Ms. Leatherbarrow has brought to your attention again, a controversial 
situation about which UCHS has been updating you regularly.  Ms. Leatherbarrow 
is a Woodland Terrace resident and a member of UCHS.


You can read about the situation at 400 S. 40th Street and a compromise 
proposal on page 3 of our January-February newsletter, online here:
http://uchs.net/pdf/2014-01.pdf


All UCHS members were invited to our special meeting on February 19th, where 
the developers made a presentation and answered our questions.  They explained 
that in the interest of being able to move forward now, saving time and court 
costs, they were willing to drop their previously-approved earlier plan to 
demolish the mansion.  They were also willing to build fewer rental units than 
previously approved.  (Those approvals are being challenged in court on 
Tuesday, per Ms. Leatherbarrow's note.)  They were willing to make these 
changes IF agreement with the community could be reached, and IF the court 
challenges could be ended.  The mansion would be saved, with the exterior 
restored.  



None of the UCHS members in Ms. Leatherbarrow's group attended our February 
19th meeting.  However, I read aloud their statement of opposition, so that all 
present would be aware of their concerns.  It includes this paragraph:


"...With regard to the current proposal, we have several concerns, such as 
height, the west wing, the use of the mansion, management of the tenants, 
design issues, operation issues and restoration issues, as well as issues 
regarding other Penn properties on the block (i.e., behavior of tenants and the 
future of various buildings).  If we can agree on density for the property, 
then we believe it would fruitful for us to discuss these other issues as part 
of a comprehensive resolution…."



After considering the limited possibilities, UCHS members present felt that the 
compromise plan was much preferable to leaving the mansion sitting neglected, 
unused, and very seriously threatened, as it is now.  UCHS members voted 
unanimously to support the compromise plan which preserves the mansion.  We 
were pleased that the opponents had brought the developers to the point of 
proposing the compromise, but now, we hoped that they would support the new 
plan, so that the compromise project could be executed.  



Unfortunately, the opponents have not met with the developers and are not 
offering support.  There would be no court hearing on Tuesday if the opponents 
were willing to compromise.  


The developers explained to UCHS in February that if the opponents would 
absolutely not work with them, then the developers could only continue down the 
path for which they have already received approvals (the plan which is being 
challenged in court on Tuesday).  That approved plan includes the demolition of 
the mansion and the construction of a greater number of rental units on the 
site.  (The developers' other option, clearly unworkable, would be to start all 
over with a new plan, already knowing that they would be opposed and eventually 
challenged in court for that, too.) 


The opponents appear willing to gamble to make their point - though if they 
lose, the mansion will be torn down.  And the opponents have lost in all of the 
previous venues; the original development plan (with more units, and the 
mansion demolished) has worked its way up to the level of the Court of Common 
Pleas because the opponents continue to appeal lower decisions where they have 
lost.  So, proceeding along this route is quite risky for the mansion's 
survival.  


Would Ms. Leatherbarrow like to comment further?


Would other members of the UCHS Google Grapevine group like to weigh in on this 
stalemate?  


How can we keep the mansion standing?  


Or should UCHS turn our back on it?


Melani Lamond, President
University City Historical Society













Melani Lamond
Associate Broker
mlam...@aol.com
Urban & Bye, Realtor
cell phone 215-356-7266



-----Original Message-----
From: Lauren Leatherbarrow <op...@earthlink.net>
To: UCHS-grapevine <uchs-grapev...@googlegroups.com>
Sent: Thu, Apr 3, 2014 11:18 pm
Subject: {University City Historical Society Grapevine} Help Save the Historic 
Mansion at 40th & Pine



Want to help Save the Historic Mansion at 40th & Pine?
 
Want to help keep a precedent that you can demolish a historic property without 
proving hardship or attempting to sell it from getting on the legal books in 
Philadelphia?

On Tuesday April 8, 2014, the Philadelphia Court of Common Pleas will be 
holding Oral Arguments on whether the Historical Commission was correct in 
approving the University of Pennsylvania’s request to demolish the Levy-Leas 
Mansion at 400 S. 40th Street on the basis of  Financial Hardship when they did 
not try to sell the property first.
 
 If they win then they can demolish the mansion – that is what they asked to do 
and they got permission from the Historical Commission to demolish it.  The 
appeal filed by a group of Near Neighbors has kept it from being demolished 
thus far.
 
 If you can make it, please attend to show you support for keeping the Mansion 
and the legal precedent for requiring an attempt to sell a historic property 
prior to demolition based on hardship.  
 
Tuesday April 8, 2014 at 9:30am 
Philadelphia Court of Common Pleas
City Hall Courtroom #232
 
Arguing the case will be the attorney for the Near Neighbors, an attorney for 
Penn and an Attorney for the City. 
 
The Near Neighbors appeal focuses on the fact the Owner (UPenn) did not attempt 
to sell the property, as is specifically required to do by law prior to 
applying for a demolition permit.  
 
We will also argue that the Historical Commission erred in allowing the 
University to refer to an expected 11% return on investment as the test for 
financial hardship.  
 
Penn and the City are claiming that the Near Neighbors (adjacent property 
owners and Woodland Terrace residents) don’t have standing (i.e., do not have 
the legal right) to bring this appeal and try to stop the demolition.  If we 
don’t who does?
 
The proceedings will begin at 9:30 A.M. and they should last for less than 90 
minutes.  
 
You will not be able to testify, but we would still like for you to attend to 
show your support.  
 
Enter City Hall at the NE corner of the building and bring your ID to show at 
the security desk.  
 
Thank you,
 
Lauren Leatherbarrow
President Woodland Terrace HomeOwners Association
Past VP and Former Board Member Spruce Hill Community Association
Member University City Historical Society
Lived on Woodland Terrace since 1985
Don’t know me – come to the UC Garden Club May Fair Plant Sale on May 10th in 
Clark Park
 
 


-- 
The University City Historical Society is a federally-recognized 501(c)3 
organization. Donations are tax-deductible to the extent permitted by law. 
Unless otherwise stated, all posts are the opinions of their authors and do not 
represent those of the organization.
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-- 
The University City Historical Society is a federally-recognized 501(c)3 
organization. Donations are tax-deductible to the extent permitted by law. 
Unless otherwise stated, all posts are the opinions of their authors and do not 
represent those of the organization.
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