Judge to Toll: "Enough is enough"

Report on hearing before Justice Seamus P. McCaffery
Thursday, February 20, 2003 - 10:00 a.m.
Courtroom 446, City Hall

Read Stephan Salisbury's article from the February 21 Philadephia Inquirer

In a hearing during which the presiding judge repeatedly asked Toll Brothers' attorney, Carl Primavera, why Toll needed extra time when they'd already had fifteen years, the City argued that steps should be taken on three levels to preserve, restore, and redevelop this historic National Landmark building.

After recounting some of the history of the Naval Home site's ownership by Toll Brothers, including inspections in 1996 and 2002 by the city's Department of Licenses and Inspections, counsel Andrew Ross outlined three levels of needs: immediate, to secure the building; in the mid-term, to restore the building; and in the longer-term, development and reuse. Based on an engineering inspection and report by the firm of Keast & Hood, the City expected certain things to be completed, including but not limited to the salvage and storage of the cast iron columns and other ironwork on the verandas by February 28, and other repairs, including graffiti removal and attention to the roof, to be carried out within 30 days.

In responding to Ross's presentation, Primavera noted that the original covenants included in the purchase of the property from the General Services Administration in 1988 did not include "affirmative covenants." Toll Brothers is required by those covenants to consult with the Historical Commission and other agencies in the event of development or demolition of the building. Ross responded that the City alleges demolition-by-neglect.

Primavera then argued that Toll Brothers needs more time to assess the damage and plan the next steps. He further argued that the preliminary engineering report showed more concern over warm-weather damage such as rain than cold-weather damage. A frankly skeptical Judge McCaffery noted that torrential rains are predicted for this weekend. He asked why Toll Brothers would need more time when it had already had fifteen years. "You've had fifteen years to study those buildings and you're telling me you need more time to get your arms around this?"

"Our buildings are our jewels," said McCaffery. "We have some of the finest buildings from the 19th and 20th centuries in our city. We have to preserve these buildings -- they were our first Naval Academy, and their history is phenomenal. When Toll Brothers bought the property, I said thank God, they'll take care of them. But with every year that goes by, it will get harder and more expensive to save them. I would like to see this project be pursued more aggressively."

When Primavera commented that the project was not currently commercially viable, McCaffery responded, "To use a horrible but effective example, no one cares that prostitutes are walking the streets until they show up on your block. A decaying site like this detracts from the community. If the Tolls lived there, they'd want it fixed yesterday. The community's position is that enough is enough." He instructed both attorneys to consult and agree on a list of repairs and a timeline and to present it to him Wednesday, February 26.

"It's not just that community that's affected by the Naval Home -- it's the whole city," McCaffery said in conclusion.

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