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Business & Tech

Rite Aid Pleads Case for Large Ardmore Drive-thru

It was the drugstore giant's first appearance in front of the Lower Merion Zoning Hearing Board on Thursday night. The company wants to build a large store on five former parcels at the corner of Lancaster and Ardmore avenues.

A proposed new Rite Aid for Ardmore, at Lancaster and Ardmore avenues, got its initial airing Thursday evening, as the project's civil engineer presented detailed building plans.

The hearing, stretching to more than two hours in length, was an indication of the lengthy process in store for the retailer and the property owner, Joseph Hopkins, of Lancaster Western Properties. Hopkins, of Bryn Mawr, was also a witness at the hearing. He signed Rite Aid of Pennsylvania Inc. to a ground lease in December 2008.

Questioning him and the engineer on many technical aspects of the plans was attorney William Kerr, on behalf of Lower Merion Township, and Stuart Cohen, a lawyer representing the owner of the IHOP property next door, along Lancaster Avenue. Cohen was concerned with easements involving his client that may or may not conflict with the Rite Aid plans.

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Rite Aid would like to build a 14,246 square-foot, two-lane drive-thru store at the intersection, the site of a demolished former office and retail building. The proposal includes the acquisition and demolition of the car wash next door and a consolidation of the parcels, which Hopkins acquired in two transactions, in 2003 and 2007.

On the carpet for the majority of the hearing was Rhett Chiliberti, a civil engineer and project manager with Bohler Engineering, based in Center City. At his side, representing Ride Aid, was attorney Mark Damico.

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Cohen maintains that there is an existing parking easement along the border of the IHOP and the existing car wash, which would be part of the Rite Aid parking lot. Hopkins said that no, in fact it was an "access easement," and the two argued for several minutes. Later, Cohen asked Chiliberti repeatedly about the presence of an easement.

Damico had Hopkins give the board a history of his ownership of the properties and how the new development would benefit Ardmore and the general area of the intersection. He then walked Chiliberti through all five of his client's variance requests. The variances involve setback requirements, parking and access along Lancaster Avenue, a lower number of parking spaces than required, a single building entrance where normally two would be required, and the number of street trees mandated.

"I think it's a fantastic building," Chiliberti said. "A fantastic use and layout for this location."

Damico told the board that all the requests for relief were involving "dimensional variances – not use variances." He intends to call four more witnesses before the board in subsequent hearings.

Upon cross-examination, Chiliberti at times had a hard time justifying to board members the "hardships" claimed by the developer under the provisions of the zoning code, and didn't seem to be expecting Cohen's intimations about the easements. Throughout, Chiliberti maintained that he was the civil engineer – not the traffic engineer and not the architect ( they will be witnesses called by Damico at hearings in 2011). He was, however, acknowledged by the board as an expert witness, and testified to working with Rite Aid previously, in various successful projects around the Philadelphia suburbs.

Thursday's was Zoning Hearing Board Chairman Kenneth Aaron's last meeting on the board, and it proceeded quickly before the hearing. Charles Davidson, previously an alternate, was appointed to the board in his place. For the hearing itself, Aaron stepped aside, and Kenneth Brier chaired. Member Robert Fox was absent. Alternate Michael Taichman-Robins, as he did in November, recused himself. Sitting on the dais with Davidson and Brier was board's solicitor, Sean Flynn.

Attendance at the hearing was sparse, perhaps owing to the pre-rush hour coating of snow and frigid temperatures. But members of the public were allowed to ask questions of the witnesses, and three people did, including Jeff Neill, a manager of the IHOP, who was concerned about parking issues.

"It's overbearing," said Pam Loughlin, of Merion, adding that it was especially so in light of revitalization efforts put into downtown Ardmore in recent years. "We can't control who leases that space, but we do have some say so over what is put there."

Natalie Martin of the Ardmore Progressive Civic Association was also on hand, but she asked no questions of the witnesses.

Damico said that Rite Aid is proposing to reduce the density of former and existing buildings on the site "by 55 percent or more," with "all brand new facilities" and a "very attractive building."

"It would not have any adverse affect whatsoever, and in fact it would probably have a positive effect," said Hopkins, responding to a board member's question early on. He said that the buildings and property he purchased were in a general state of disarray, and that he has worked with Lower Merion in good faith to help fix the Lancaster and Ardmore crossroads. Now, he added, "It's time to think this through, and I believe as a township resident that it's very good for the township."

Brier closed the hearing by suggesting a special session on January 18, to discuss only the Rite Aid matter. The meeting would commence at 7:15 p.m. and run no longer than 10:30 p.m.

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