Daily Times (Primos, PA)

A WIN FOR NICK!

JUDGE REJECTS NEIGHBORS’ APPEAL TO BLOCK HEADSTRONG PLAN TO HOUSE CANCER CAREGIVERS IN SWARTHMORE

- By Alex Rose arose@21st-centurymed­ia.com @arosedelco on Twitter

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

FROMPAGE3

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.

 ?? RICK KAUFFMAN - DIGITAL FIRST MEDIA ?? This house on South Chester Road is the center of the HEADstrong Foundation controvers­y.
RICK KAUFFMAN - DIGITAL FIRST MEDIA This house on South Chester Road is the center of the HEADstrong Foundation controvers­y.
 ??  ?? Nick Colleluori
Nick Colleluori
 ??  ??

Newspapers in English

Newspapers from United States