A WIN FOR NICK!
JUDGE REJECTS NEIGHBORS’ APPEAL TO BLOCK HEADSTRONG PLAN TO HOUSE CANCER CAREGIVERS IN SWARTHMORE
MEDIA COURTHOUSE » Delaware County Common Pleas Court Judge Spiros E. Angelos has denied an appeal from opponents of the nonprofit HEADstrong Foundation who claimed Swarthmore Borough Council abused its discretion in approving an accommodation to open a new residence for cancer patients and their caregivers.
“I actually burst into tears,” said foundation head Cheryl Colleluori Friday. “We’re just overjoyed. It just further solidifies what we’ve known and … we’re one step closer to welcoming families. We’re just really excited.”
The judge found no abuse of discretion or error of law in borough council’s reasoning and “substantial evidence” supporting the Dec. 20 decision to approve the accommodation under the Fair Housing Act, according to the Aug. 31 order.
“HEADstrong will be able to pursue its mission of helping people who are sick, hurting, and away from home,” said Ballard Spahr attorney Matthew N. McClure, who represented the foundation pro bono with a team from McCausland, Keen & Buckman led by Christine A. Reuther.
The Ridley Townshipbased HEADstrong Foundation was created by Nick Colleluori, who died in 2006 at the age of 21 after battling non-Hodgkin’s lymphoma. During treatment, the Ridley High School lacrosse standout and college lacrosse player at Hofstra University discovered a need for affordable housing for cancer patients.
Since 2010, a HEADstrong facility in Ridley Township dubbed “Nick’s House” has served 65 rotating guests who have stayed at the home rent-free while they seek cancer treatment at area health-care facilities, according to a release from Ballard Spahr.
The foundation sought an expansion into a sevenbedroom home in Swarthmore last year. To meet a zoning requirement, HEADstrong requested an Fair Housing Act accommodation, which the borough’s Accommodation Request Review Board approved in September 2016.
A dozen neighbors of the property appealed the decision to council, which unanimously upheld the accommodation in December. Eight couples and two individuals then filed an appeal with the Common Pleas Court alleging HEADstrong’s request for use of the South Chester Road house did not meet the proper criteria under the Fair Housing Act and that council turned a deaf ear to opponents who cited various safety concerns.
One neighbor, Lisa Feehery, wrote an op-ed that ran in the Daily Times in December, in which she called HEADstrong’s mission “admirable” and clarified that residents aren’t opposed to cancer patients finding a residence in Swarthmore. But she criticized the decision to accommodate the foundation by keeping the zoning residential as opposed to some other use.
“Being properly zoned as to its proposed use (such as ‘commercial’ or ‘institutional’) creates an obligation to install safeguards for the vulnerable, sick, out-of-town residents, such as ADA accessibility and fire suppression,” Feehery wrote. “But, an ‘accommodation’ treats this institution housing lots of people just as it would treat a private family, with no oversight of any kind.”
A brief in support of the appeal echoed those concerns, claiming Swarthmore abused its discretion by approving the requested accommodation without definitive building, fire safety or traffic plans in place.
The brief also argued the residence does not meet the definition of a “dwelling” under the Fair Housing Act because it would accommodate more than three unrelated people in the course of a “temporary sojourn or transient visit.”
In a reply brief, Swarthmore Solicitor Carl Ewald argued that the borough’s own code defines a “dwelling” as “a building or portion of a building used for human habitation by a family.”
“We’re very pleased. We think the court reached … the only decision that it could reach under the law. We were also happy that the court dealt with this as expediently as it did and we certainly hope at this point that the neighbors understand that the borough did what it had to do, that this was the right thing to do under the law, and let it go.”
— Christine A. Reuther
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There is no limitation on the number of family members and the term “family” even contemplates “boarders, roomer or lodgers,” Ewald noted.
A supporting brief filed by McClure added that use of the building and any related parking or traffic issues
would not be substantially different from those imposed by a large family taking up residence in the same location.
“We’re very pleased,” said Reuther Friday. “We think the court reached … the only decision that it could reach under the law. We were also happy that the court dealt with this as expediently as it did and we certainly hope at this point
that the neighbors understand that the borough did what it had to do, that this was the right thing to do under the law, and let it go.”
Colleluori praised both firms for their work in the release and Reuther also thanked McClure’s team for their assistance.
“It was a lot of work on top of what had already been a lot of work and they stepped up,” said Reuther.
The foundation broke ground for the $1.5 million renovations in July and Cheryl Colleluori said she hopes to have the residence up and running by the end of the year.
She praised approximately 20 vendors, contractors and others who have donated time and materials to bringing the property to life and said she is glad to be free from the distraction of
the appeal.
Colleluori said she hopes to put the matter behind her now and come into the community on good terms.
“What we’re doing is not easy,” she said. “We relive in those families our own experience and that’s not easy. But we’re willing to do that for our child, for my child. So it is emotional for me, that’s for sure, but to pay it forward is a great
way to deal with our loss and it keeps Nick kind of close and current, and the greatest privilege I’ve ever had is to pay it forward and have someone benefit from his life.”
James J. Byrne, Jr., representing the neighbors, said he was disappointed by the decision but had not discussed a possible further appeal with his clients as of Friday afternoon.