Cancer center
goes to court

By Tom Waring
Times Staff Writer

Fox Chase Cancer Center is fighting back against opponents of its expansion.
The cancer center on Friday filed a lawsuit in Common Pleas Court to regain the right to build a research pavilion and parking garage on its property at 333 Cottman Ave.
That project is not related to the hospital’s controversial $1 billion plan to build on nearly 20 acres of Burholme Park, a deal that is stalled until the results of a traffic study are released.
The Fox Chase Homeowners Association, Burholme Community Town Watch and Civic Association and City Councilman Brian O’Neill all support the center’s proposed $70 million care pavilion and garage, which would create 400 jobs. The Zoning Board of Adjustment approved the plan in December, but an appeal was filed by two individuals — Jean Gavin and Fred Maurer — along with a group called Save Burholme Park. They argue that Fox Chase did not prove a hardship and did not adequately explain its project.
"It could not have been more explained," countered Fox Chase spokesman Kevin Feeley, adding that two community groups, a councilman and the zoning board were satisfied with the plans.
The appeal also argues that the structures are too large and close to the property lines. It has the potential to tie up the project for several years.
That’s why Fox Chase filed its lawsuit. The cancer center described the appeal as without merit, adding that opponents are merely trying to stymie the unrelated expansion into the park.
The hospital said the new 120,000-square-foot pavilion will cut down on waiting time for its patients and the multi-level garage will relieve on-street parking congestion.
"Enough is enough," said Dr. Robert C. Young, president of Fox Chase Cancer Center, calling the appeal "frivolous."
The Fox Chase lawsuit seeks damages against the defendants, along with attorneys’ fees. The hospital is also seeking a dismissal of the appeal and an expedited hearing of the matter. After the appeal of the ZBA ruling, Fox Chase administrators, architects and attorneys met with the appellants to talk about their concerns. There was little progress.
"We’ve been working with the community and its leaders for years on this project, and now a few individuals with their own agendas are trying to stall this building because they think it will impact the long-term expansion initiative," Young said.
Sam Stretton, the attorney for Gavin and Maurer, said he’s still willing to continue to discuss the matter with the hospital’s attorneys.
"There’s got to be a common ground, and I’m trying to find it," he said.
Stretton said the appeal has merit and stands a good chance of prevailing.
"There are a lot of zoning decisions that are reversed," he said.
Stretton believes that Fox Chase fails to see that Burholme Park is an asset that the community does not want to lose. Still, he said the appeal of the pavilion and garage project is not related to the park dispute.
"They’re entirely separate issues," he said.
As the sides battle in court, Fox Chase believes its patients are losing because of their long wait for care.
"This is a building that needs to be built," Feeley said. ••
Reporter Tom Waring can be reached at 215-354-3034 or twaring@phillynews.com