Closing Arguments Made in Billboard Case on Township's Border

Bartkowski Investment Group’s (BIG) attorney Marc Kaplin started the closing argument proceedings at Thursday night's Haverford Township Zoning Hearing Board meeting by saying the township cannot prohibit billboards, adding that it is against the state’s constitution.

BIG is fighting to have five 672-square-foot billboards placed in Haverford Township—two of the billboards would be located along Lancaster Avenue in Haverford Township overlooking Bryn Mawr in Lower Merion Township, and three signs along West Chester Pike in Haverford Township. 

In addition, he said that Haverford Township Solicitor Jim Byrne and Lower Merion Township Solicitor Bill Kerr’s arguments that the billboards will create a distraction and cause accidents are not justified.

“A pretty woman walking down the street can cause a distraction,” Kaplin stated.

And just because one billboard falls down does not mean that all of them will fall, the attorney for BIG reasoned.

But Byrne, in his closing arguments, said some billboards have fallen down, citing a 50-ton billboard that fell in Queens, N.Y., last month as a recent example.

However, BIG engineer Michael Tantala stated in that some townships have taken down billboards during strong storms, like Hurricane Irene, as a precautionary measure and not a necessary one. He did admit under cross-examination by Byrne that it was possible for billboards to fall during strong winds. 

Byrne also added at Thursday night’s meeting that the U.S. Supreme Court stated that if a township feels that billboards will create a hazard and is unattractive to the area, then the township has the right to prohibit billboards. 

He also said that even if the commissioners wanted the billboards, the size of them and the use of land did not meet current zoning ordinances.

Comparing Lower Merion and Haverford townships, Kaplin said that Lower Merion regulates billboards and allows them along the Schuylkill Expressway.

But after the hearings, Ward 10 Commissioner of Lower Merion Scott Zelov told Patch that his township only allows billboards in non-residential areas and said it is against state law for Haverford Township to place billboards along the Blue Route.

“Making a comparison (between how Lower Merion can regulate billboards and Haverford prohibiting them) is a weak case,” he said.

During Kerr’s closing arguments, he said that Lancaster Avenue in Bryn Mawr has the right to preserve its “history and character.”

Both Kaplin and Byrne attacked each other’s expert witnesses from past hearings, with both claiming that the witnesses were not qualified or that they contradicted themselves, such as BIG expert Ronald Gibbons, a lead lighting research scientist, who testified that billboards were not a distraction in an , but Byrne presented him with an article that he wrote in which he stated billboards could be dangerous to drivers.

During a second round of closing arguments, Kaplin again urged the zoning hearing board that the township does not have the right to "totally prohibit" billboards.

Kaplin , whose members are appointed by commissioners, after Byrne mentioned by name several township commissioners who were present at the meeting. Byrne said he was insulted by such accusations, and commissioners told Patch after the meeting they were similarly angered by Kaplin's comments.

During a recess, Kaplin declined to speak to Patch.

Four residents from Haverford and Lower Merion townships also spoke out against the billboards during closing arguments. Among them was Sandi Donato, who, with other residents, launched No Billboards to protest BIG's request to have the signs in various townships. She provided the residents' closing arguments to the zoning hearing board.

"Billboards do not belong in this township," she told the zoning hearing board.

Donato told the board the billboards are an issue to everyone and said she wants residents to be included as parties to the case should the board vote in favor of the townships and the ruling is appealed by BIG.

Robert Kane, chairman of the zoning hearing board, said the zoning hearing board will give its verdict in its Thursday, Feb. 16 meeting.