Originally Posted by MyNorthwood.net

That's how the game is played. The Community loses on the hearing and wins on the appeal.

All of Mariano's back-room dealing just faded away, like the fog lifts once the sun comes out.

Originally Posted by Bump

Sir, this was no GAME. A family's lives were turned inside out for over ten years.

On top of this you freely admit you don't know the circumstances yet you continue to cast aspersions and make untrue, unsupportable accusations of illegal activities.
Based on what? "Papers"? For someone who posts what on the surface appears to be intelligent and indepth "insight" on just about everything Frankford/Northwood, intelligent enough to host a website containing all sorts of links, opinions, and facts about Northwood/Frankford/Juniata Park, yet in this case your source is "papers" defies the imagination.

Your motivation is as clear as crystal. You can not be satisfied with "winning". You now attempt to send a message to all other potential "interlopers" to stay away from you and your ilk.

I'll save you the inuendo.

For all you potential evil business people who may now or at any time in the future or in your dreams even entertain the thought of opening a business in Northwood/Frankford, RUN!!! Like your life depends on it. Those are serious anti-business people there. They don't want your dirty, filthy, obnoxious, inconveniencing business interfering in their wonderful suburbanlike lives. They will do whatever it takes at whatever it costs(you).

If that's not enough:

If you potential business people even think that, just because you have the support of the majority of the community, you can just forget about it. Those are serious anti-business people there.

Or:

Even if you potential business people want to place your repulsive business OUTSIDE the deed restricted area, forget about it. Those are serious anti-business people there.

Or:

Even if they agree (in writing) not to oppose the plan for your disgusting business, that's when you should really forget about it. Those are SERIOUS anti-business people there.

I hope that helps in some small way.

Originally Posted by Bump

Those are serious anti-business people there.

Originally Posted by MyNorthwood.net

1: So, if my allegations are incorrect, then tell me the facts as you know them. Don't just say I am wrong.

What Hubris! What ego! You make baseless, unsupportable accusations and then ask for a denial. Then if the "accused" refuses to acknowledge you, you assume you must be right. I will just say YOU ARE WRONG and defy you to prove your allegations with anything other than supposition.

2: I am opposed to non-conforming uses in residentially-zoned Northwood, and I make no apologies for that. Philadelphia has tons of commercially-zoned areas where businesses can operate, and they'll get no opposition from me if they conduct their operations from appropriate locations.

Philadelphia also has tons of areas where the community has decided to accept businesses of all sorts. Northwood is one of them. Again, I defy you to disprove the Northwood Community overall voted in favor of this particular proposal. Oh, right. The community meetings were a sham. I guess the petitions signed in favor of the proposal were a sham also.

3: I, like many others, look to zoning for protection, of my lifestyle and my financial investment in my home, from being downgraded by commercial operations. It matters little whether those operations are convenience stores, daycare centers, water ice stands or funeral homes. They don't belong next to homes. Northwood is not a mixed-use area, and the zoning classifications represent the will of the citizens of Philadelphia, as enacted by City Council.

Assuming that commercial operations could be considered "downgraded" as opposed to just "different". Northwood is more of a "mixed-use" area than you're willing to admit. Lets take, for instance, the area around the cemetery. What do you suppose literally surrounds the cemetery? A huge hospital complex(with some pretty radical radiation emitting equipment to boot), a WAWA, a K-Mart, a supermarket, two monument companies, a public greenhouse, a golf course, a driving range, another huge hospital complex, the remains of two gas/service stations, a tap room. What you should be seeking the reason for is HOW a cemetery, which predated the zoning code, is zoned "RESIDENTIAL". Northwood, in the deed restricted area, may not be "mixed-use" but there are many such uses just outside the border, which the cemetery is.

4: In the case of the Cemetery, Commonwealth Court ruled that it had neither a hardship sufficient to justify a variance, nor did it have the right to conduct funeral home and cremation operations as "auxiliary use" of a cemetery operation.

That is correct. What you should be asking is, what were they looking at? As far as "accessory" uses, ask how Ivy Hill Cemetery got permits for 5 crematory units, a veritable complex, the last one only a few months ago, over the counter along with permits for a funeral chapel? Ask how Chelten Hills Cemetery got their permits for a crematory over the counter. How West Laurel Hill Cemetery got permits for not only crematories, but a fully functioning funeral home. The list goes on and on. Then ask, how could the Commonwealth Court could come to such a conclusion. The answer is a little less obvious but it'll come to you.

5: With regard to the sale of the Cemetery by George DeLong (for One Dollar, as I recall) I am still trying to understand how he ever had title to the land in the first place. I recall seeing two or three letters that he sent to Judge Russell Nigro, on a previous legal matter, wherein he characterized himself as a "volunteer," with no ownership of the premises. I do not recall his ever providing a copy of a deed to the property when the matter was heard before Judge Lazarus at Orphans Court. If you can explain to me HOW someone can own 40+ acres of land, smack in the middle of one of America's largest cities, and not have a deed or some other evidence that title passed to him, I'd be very interested in reading it.

I thought you only got your information from the "papers". It seems you're a little more informed than that (as I suspected). For your answer, I suggest you read the transcripts for the entire Orphan's Court case. Maybe that will jog the rest of your "recollection". It may, at least, satiate your desire for "understanding".

6: With regard to the Trust Funds, the Commonwealth Court ruling specifically mentioned that no accounting of them has been made, despite a requirement that cemeteries set aside 15% of their income from burials to be added to their Trust Funds. Can you tell us anything about the amount of those funds, and whether that amount has changed over the past ten years? Inquiring minds want to know.

Again, I direct you to the Orphan's Court, which IS the appropriate court for cemeteries to file "Acountings". I also, direct you to the Orpan's Court Settlement Agreement between the parties and approved by the Judge. This should settle any questions in your, and other, "inquiring" minds about the amounts, expenditures, and WHO is responsible for whatever balances and situations at the cemetery remain. It will also identify WHO actually owns the cemetery and who is equally, if not more so, responsible for its current status. This should prove enlightening for you, as if you don't already know. In fact, I suggest you reproduce the Orphan's Court Settlement Agreement and the Judge's Order concerning it on this site for all "inquiring minds" to read. Do so and we'll talk again about your allegations.


7: You seem to think that citizens who demand that zoning rules be complied with are evil. We have a big stake in our neighborhoods, and we are not inclined to roll over and play dead whenever someone comes along wanting to set up an operation with non-conforming use. Again, I offer no apologies for my position. I would refer you to the Supreme Court decision that upheld the concept of zoning. There is a place for everything. The only time that commercial operators become frustrated is whwn they attempt to ram their plans for non-conforming operations down our throats. They'll just have to get over it. Northwood is a residential district. Try buying a home and living here, and we'll welcome you as we would anyone else.

Originally Posted by Bump

Quite a cavalier attitude concerning the lives of people don't you think? Others will just have "to get over it". Whatever extreme measure is applied, whatever accusations are hurled, whatever costs (both personal or financial). It's all OK as long as your life is not disrupted. What about those of your neighbors who wanted this proposal? Thank goodness they were saved them from themselves.

Originally Posted by Bump

4: In the case of the Cemetery, Commonwealth Court ruled that it had neither a hardship sufficient to justify a variance, nor did it have the right to conduct funeral home and cremation operations as "auxiliary use" of a cemetery operation.

That is correct. What you should be asking is, what were they looking at? As far as "accessory" uses, ask how Ivy Hill Cemetery got permits for 5 crematory units, a veritable complex, the last one only a few months ago, over the counter along with permits for a funeral chapel? Ask how Chelten Hills Cemetery got their permits for a crematory over the counter. How West Laurel Hill Cemetery got permits for not only crematories, but a fully functioning funeral home. The list goes on and on. Then ask, how could the Commonwealth Court could come to such a conclusion. The answer is a little less obvious but it'll come to you.

Originally Posted by MyNorthwood.net

"Because we have already determined that both a funeral home and a crematory are neither secondary, nor subordinate, to the cemetery use on this property, but, instead, constitute new, different, and primary non-conforming uses in their own right, we hold Greenwood Cemetery is not entitled to expand its operations to include those uses pursuant to the natural expansion doctrine."

Originally Posted by MyNorthwood.net

Why will you not do the same? Whichever side of this anyone supports, it's over as far as I can tell. Time to move on.