A faulty decision

Editorial by: Richard Schwartzman

It seemed odd when the Chadds Ford Township Zoning Hearing Board two years ago decided for the township in the David Goodman hearing.

Dr. Goodman was found to have been maintaining an apartment in the R-1 zoning district where multi-family dwellings are not permitted.

What was odd about that 2005 decision, was that the "apartment" in question had been existing for more than 20 years with the knowledge of township officials.

The Goodman family operated a horse breeding farm and school for stable and breeding management at the property at 2 Oakland Road in 1979. There was a dormitory as part of the school, and that dormitory became an apartment in 1984.

The zoning and code officer at the time knew of the apartment use. He signed off on building plans and issued certificates of occupancy following construction of an addition, according to testimony given at the hearing. And the current code enforcement officer acknowledged knowing about the apartments in 1994.

That raises the question of why nothing was done sooner. It appears that the township officials from at least 1984 until 2004 didn't care that the property was being used in a manner inconsistent with the code, that officials turned a blind eye to a situation that was in their purview to correct. Yet 20 years had elapsed before the current board of supervisors took any action by having the code enforcement officer issue a citation.

It seems that, by default, Dr. Goodman should have had the right to maintain the property as it had been used. One would think that after 20 years of not enforcing its own laws, the township was giving tacit approval to apartment use, that such use would almost be grandfathered in for that property, that the township had allowed apartment use by its own neglect.

But that was not the case as two courts -- Delaware County Common Pleas and the Pennsylvania Superior Court -- have upheld the zoning board decision.

While we contend that is a mistake, we hope that in the future the township stays on top of issues better. And we would like to see a final resolution to the matter that is of benefit to both the township and to the Goodmans.