A fast-moving City Council bill that would dramatically alter the process for adding properties to the Philadelphia Register of Historic Places will receive further scrutiny and input over the next several weeks.
Bill No. 251030 was introduced by Councilmember Mark Squilla on November 20. He represents the 1st District, which includes much of Center City and stretches along the Delaware River from South Philadelphia to Port Richmond. He was also on the Historic Preservation Task Force, convened by former Mayor Jim Kenney in 2017 and whose final report the following year included sweeping recommendations to improve historic preservation in the city.
Currently, when a nomination for designation is submitted to the Philadelphia Historical Commission, the staff reviews it for completeness and issues notification to the owner of record with 30 days’ notice of a public hearing to review the nomination. At that time, the property is under the protection of the Historical Commission until the final decision.
The bill would add a second step to the process, requiring the full Historical Commission to vote on allowing a nomination to be reviewed, triggering another 30-day notice.
Another change would allow the Historical Commission to reject a nomination simply because the owner had submitted an application for a demolition or alteration permit, rather than having already received the permit. It would also compel the Historical Commission to allow demolition or alteration permits if the owner had development designs or contracts at the time they were notified of the proposed nomination.
The bill would eliminate the work of significant landscape architects as a qualifying criterion for designation and would also weaken the ability to designate for archaeological reasons.
Reactions from preservation and community organizations were swift and largely negative. Suzanne Ponsen, president of West Central Germantown Neighbors, said the Philadelphia Crosstown Coalition, an organization of 30 Registered Community Organizations, wrote a letter of opposition to Councilmember Squilla.
“We oppose the bill as written,” stated Hanna Stark, director of policy and communications at the Preservation Alliance for Greater Philadelphia. “It doesn’t have anything to benefit preservation.”
The Philadelphia Historical Commission denied placing 4024-34 Apalogen Road on the local register in November despite publicly recognizing that the home satisfies several criteria for designation. Tulipwood was completed in 1954 and designed by architect Elizabeth Fleisher, Philadelphia’s first licensed female architect. The home’s new owners have conceptual plans, but, according to the Department of Licenses and Inspections, have not attained any permits to raze the building and redevelop the property. Bill No. 251030, as it is currently written, would eliminate protections put in place for historic nomination submissions. | Photo: Michael Bixler
David Gest, executive director of the Chestnut Hill Conservancy, which advocates for historic preservation and landscape conservation in Northwest Philadelphia, agreed. “Our main take on this bill is that it’s proposing many sweeping changes that warrant further discussion.”
The most alarming portion of the bill was the addition of the second step in the nomination process. “By creating a new type of public meeting before the property is under protection creates a potential loophole for owners to obtain a demolition permit or zoning changes,” explained Gest.
Some preservationists felt that, after several months of discussion with Squilla while the bill was being written, their suggestions were not included. “What was surprising to me is that I thought we were in agreement,” said Squilla.
“Tiered historic districts are a priority of ours,” said Stark, as an example. “The Historic Preservation Task Force had recommended them as well.” Advocates say that by having more than one type of historic district, the Historical Commission could offer a more nuanced way to preserve neighborhoods by providing different levels of oversight, depending on the significance and assets of the proposed district.
A process for tiered historic districts had been originally included in the bill, but Squilla said he took it out because he felt it was written too broadly and did not explain well how it could be applied. However, with discussions set to continue, “We want to have that added in, but we need to flesh out the process,” saif Squilla.
The bill was next presented to the Philadelphia Planning Commission at their meeting on December 4. It was slated to be an action item on the agenda, but at the recommendation of their staff, the Planning Commission voted to place a 45 day hold on it to allow sufficient time for review. “It’s a good idea,” said Squilla. “It’s their language, so they need to be on board.”
The next step for the bill would be to go before City Council’s Rules Committee. It had not been introduced with enough time to be included on their most recent committee meeting agenda on December 3. “February will probably be the earliest for hearings,” noted Squilla, adding that talks will continue, and he anticipates changes will be made to the bill’s language. “It’s a matter of trying to get everyone on the same page.”
With preservationists and developers generally having different interests and aims, is it possible to create a process that would satisfy both parties? “It’s doable,” said Gest optimistically. “We think there are ways to dive into these policies and come up with procedures that satisfy both.”
