Dear Commissioners of Haverford Township,

We, the undersigned, urge you to appeal the decision rendered by the Zoning Hearing Board in Case Z23-17 to grant five variances to the owner of 700 Haverford Road in order to allow for the auto repair shop to be converted into a full-fledged convenience store.

The presence of a gas station is already a non-conforming use, which should not exist in C-2 Neighborhood Commercial zoning district. It is the township’s stated policy to phase out non-conforming uses over time. In this case, the ZHB is actually piling another non-conforming use on top of an existing one. This is inconsistent with the township’s goals as set forth in the Comprehensive Plan.

This addition of the convenience store use will negatively change the nature of the neighborhood by adding an additional, more intensive commercial use to small section of C-2 properties embedded in a generally residential zoning district. The dual use proposed is only permitted in a C-4 Highway Commercial District and has no place in a residential district.

The presence of a full-fledged convenience store at this location will be detrimental to the public welfare. The revenue-generating activities of the convenience store will be focused on vaping products, energy drinks, prepackaged snacks, and “games of skill” – terminals many consider to be equivalent to gambling, which are not yet illegal in Pennsylvania. This will be detrimental to a residential neighborhood full of young families that is home to three elementary schools, two houses of worship, and two public parks.

The additional vehicular traffic caused by the convenience store use will also be detrimental to the public welfare by adding congestion to an already busy and dangerous intersection. This stretch of Haverford Road has been designated by PennDot as one of the most dangerous in the state of Pennsylvania. The combination of a blind curve, signaled intersection, unmarked pedestrian crossing, access point for the NHSL, the start of a township designated bicycle route, and a busy gas station which, in its current state, is already difficult to enter and exit has made this intersection treacherous. The addition of six parking spaces on site for a convenience store could geometrically increase the amount of traffic entering and exiting the site. This will be detrimental to the welfare of all drivers, pedestrians, bicyclists and kids using this intersection or this stretch of Haverford Road.

In addition to the undesirability of a busy, full-fledge convenience store with “skill games” at this location, the ZHB has clearly failed both to follow its narrow mandate when evaluating the merits of this case and in following the laws and guidelines set forth for hearings. The most salient of the failures of the ZHB are listed below:

• The ZHB did not demand evidence that the applicant meet the five criteria spelled out in Pennsylvania’s Municipal Planning Code;
• The ZHB did not demand a traffic study, a township requirement for all variances for commercial properties (an acknowledgement of this requirement signed by the applicant is available);
• The ZHB did not follow guidelines in granting affected individuals and other individuals and organizations who were permitted to appear before the ZHB thereby depriving these individuals and organizations of their legal rights.

In summary, we find it highly troubling that the government of Haverford Township has granted variances for such an obviously inappropriate and undesirable use. What is even more troubling is that a township body, the ZHB, can be permitted to so blatantly fail to follow the laws and guidelines which it is legally bound to abide. Are you, as a commissioner, proud to have this happen under your watch? Are we proud to live in this type of township? We all deserve better!

Please appeal this case with confidence that you have many residents of Haverford Township behind you.