Bustleton shoots down
building project

By William Kenny
Times Staff Writer

Neighborhood civic associations can sometimes end up in lengthy debates over relatively small construction projects.
But at about nine-tenths of an acre, 831 Welsh Road is no small residential property. And to members of the Greater Bustleton Civic League, a resident-owner’s plan to expand his garage there is no small project.
The GBCL voted unanimously on April 26 to oppose an appeal for a zoning variance by Michael Metsikas, who wants to add onto his existing two-car detached garage so that an additional three vehicles fit into it.
During the group’s general meeting at American Heritage Federal Credit Union, neighbors alleged that Metsikas has already begun building the addition without city permits, and criticized him for building the existing portion of the garage several years ago the same way — before receiving permits.
They also claimed that the property owner has people living in an apartment above the garage, again without proper city approval, though Metsikas insisted that he has never rented out the second-floor space and has no plans to do so.
Metsikas’ attorney, Shawn Ward, said his client owns plenty of property to accommodate the addition in accordance with city code.
The R-2 residential lot is almost nine-tenths of an acre. Even with the new addition, buildings would cover only 11 percent of the total area, whereas the zoning code permits up to 30 percent coverage, according to Ward.
The snag, however, is that the R-2 code permits a detached garage of up to 25 feet by 30 feet. The attorney and property owner claimed that the existing garage is 30-by-30, although official city paperwork lists it at 33-by-33.
Metsikas dismissed the discrepancy on the paperwork as an error.
He is proposing a 26-by-34 addition. The addition would feature two vehicle doors, doubling the two doors on the existing portion.
Ward further claimed that the addition would be built no closer than 10 feet from any property line.
Some neighbors argued that Metsikas’ recent track record precluded their trusting the accuracy of his and Ward’s descriptions of the proposal and the plans they brought to the meeting.
"The truthfulness of what was stated with (the earlier) project is not there," one female neighbor said. "You weren’t truthful to begin with."
She and others explained that when Metsikas built the original garage in 2003, he told them he had permits for it, which he now admits he didn’t. The civic group supported the garage project at the time, Ward said.
Only after an accident at the building site brought the attention of city inspectors to the project did Metsikas get permits, neighbors claimed.
"Why did I build the (existing) garage without a permit? I submitted for the permit and I didn’t think I would have a problem (getting it) until the zoning (issue) came up," Metsikas said.
The permit that allows the sizable existing garage does not allow for someone to live in the space above the garage, which has water and electric service. But neighbors claim that people do live up there.
One woman said she sees the glow of a television through a window of the property at night. Metsikas said he allows relatives to stay there from time to time when they visit him, but they don’t live there.
"I’ve been upstairs (in the garage) and it’s a house," one woman neighbor said. "There’s a living room, a kitchen and a bathroom."
"It is not an apartment," Metsikas said. "Nobody lives there."
Of additional concern to neighbors was new construction at the site. One man brought photographs that he claims document the new work. Metsikas didn’t directly address what, if anything, had been built already.
A zoning hearing date was not announced, but the civic group plans to voice its opposition to the project if it ends up before the zoning board.
In another zoning issue, the GBCL voted 29-17 to support the owner of the former Thriftway supermarket on Krewstown Road, just south of Grant Avenue, in a bid to convert the retail space into professional offices, including potential medical use.
Ross Goldberg of Posel Management said that the property owner has been unable to find a new retail tenant for the store in the 18 months since it’s been on the market. At 19,000 square feet, it’s significantly smaller than what supermarket chains are looking for these days.
"We’ve been unsuccessful at re-leasing it as a supermarket or large retail. Now we want to make it offices with some medical," Goldberg said.
A use variance is needed, however, to allow medical activities on-site.
Posel has not committed to any specific tenants, according to the company official. Massive internal renovations are needed, but the building’s footprint will not change. Current parking capacity would be adequate to serve the offices.
In other Greater Bustleton Civic League business:
o Common Pleas Court Judge and former state Rep. Chris Wogan urged residents to fulfill their civic duty and show up for jury duty when selected.
The city’s court system faces many challenges, including a massive number of cases, a shortage of sheriff’s deputies — who transport prisoners to and from court — and a large turnover in prosecutors due to more-lucrative private-sector opportunities, Wogan said.
Likewise, the system would grind to a halt without civilian jurors.
"We do have a lot of crime in Philadelphia. So if you get called for jury duty, get there," Wogan said.
While some folks skip out on jury duty because they think their jobs are "too important" to miss a day or two, others show up only to intentionally avoid getting picked for a trial. They portray themselves as partial during jury selection questioning.
Wogan, a Republican, was first elected to the 176th Legislative District seat in 1980. He ran for Municipal Court in 1987 but lost, and continued on as a state lawmaker. After winning an 11th consecutive term in 2000, he recognized that re-districting could jeopardize his future in the state House and decided to run for Common Pleas Court in 2001.
He took the bench in 2002 and has served in Family Court, as well as the Trial Division’s Criminal Section. Currently, he hears major trials not including murders or large drug cases.
When asked by one civic group member if he had ever seen a convict whom he had sentenced emerge from prison "rehabilitated," Wogan replied: "I’ve only been a judge for four and a half years, so none of mine are even close to getting out."
Wogan described himself as a big supporter of consecutive sentences for repeat offenders.
o City Councilman Brian O’Neill corrected criticism of him published in the GBCL’s latest newsletter.
The news item reported that O’Neill (R-10th dist.) had introduced a rezoning bill in March affecting a portion of Bustleton, yet he allegedly failed to discuss the issue with the civic group beforehand.
But the allegation was wrong. To demonstrate his point, the councilman distributed copies of a letter dated Dec. 9, 2004, to his office from George W. Weiss Jr., then the president of the civic group.
The letter indicated that on Nov. 17 that year, the civic group had voted 43 to 4 for a project that called for the zoning changes.
The 12-home development proposed at the time and approved by the civic group hasn’t been built yet, O’Neill explained. The site is along Verree Road north of Charette Road.
The zoning bill introduced in March proposed to change the site from R-2 to R-1, a more restrictive designation for single homes.
In recent months, some members of the civic league have criticized the councilman for his introduction of a much broader zoning re-mapping plan for Bustleton without involving residents in the process. The civic group eventually approved the re-mapping plan.
The councilman was disappointed that only a fraction of the hundreds of civic league members who received the newsletter got to hear his explanation at last week’s meeting. Meanwhile, nobody called him with a question about the bill before it was published in the newsletter.
"Something’s got to end with this stuff," O’Neill said. "All it takes is a phone call (to ask), ‘Tell us what’s going on.’" ••
Reporter William Kenny can be reached at 215-354-3031 or bkenny@phillynews.com