By LOIS PUGLIONESI
Times Correspondent

HAVERFORD — Zoners voted unanimously Thursday to deny and dismiss Bartkowski Investment Group’s validity challenge to township zoning ordinances regarding advertising signs, along with BIG’s proposal to install 672-square foot, double-faced billboards at 1157, 1330 and 2040 West Chester Pike in Havertown, and 600 and 658 Lancaster Ave. in Bryn Mawr.

At issue was BIG’s allegation that Haverford’s sign ordinances improperly and unconstitutionally exclude nonaccessory outdoor advertising signs and billboards. Nonaccessory or off-premise signs “advertise a product or service elsewhere than upon the property on which the sign is located.”

After weighing testimony provided by the township and BIG over the course of 26 hearings, zoning board Chairman Robert Kane read his recommendations. “Evidence shows that not all non-accessory outdoor advertising signs are prohibited. In fact, evidence presented shows there are many different types of off-premise outdoor advertising signs allowed within the township.”

In making his case, township Solicitor Jim Byrne offered ads on bus and trolley shelters, shopping carts, ball fields, and the Skatium as examples. Byrne acknowledged, however, that Haverford does not allow signs the size that BIG proposed.

Even when considering the prohibition on billboards alone, Kane rejected BIG’s validity challenge. Evidence “shows the township met its burden of proving that the prohibition of billboards legitimately promotes public health, safety, morals and general welfare of the township and surrounding communities,” said Kane.

Kane also noted that BIG’s application specific to installing a billboard at 1330 West Chester Pike should be dismissed “regardless of everything else, because the applicant did not establish standing to proceed with respect to that property.” Owner Akbar Mostatab signed a contract with BIG, which he later renounced due to community opposition.

A detailed written opinion will be available March 1, Kane said.

Many residents seated in the audience applauded the board’s 5-0 decision, including Margaret Murr, one of five residents granted party status. “It was the right decision for all the right reasons,” Murr said afterward.

But “don’t pop the champagne corks just yet,” Commissioner Jeff Heilmann cautioned in an email posting Friday. Heilmann predicted the zoning board’s decision “will undoubtedly be appealed to Delaware County Court of Common Pleas.” However, “the township plans to continue fighting for the residents’ health, safety and welfare for as long as BIG keeps appealing,” Heilmann said.

Contacted Friday, Thaddeus Bartkowski III confirmed his intentions to carry on with the battle. Continued…

“As long as the sky is blue and gravity exists, we’re going to appeal it,” Bartkowski said.

“The ordinance is unconstitutionally exclusionary.”

Lower Merion Commissioner V. Scott Zelov called the decision “a big victory and outstanding result against billboards on Lancaster Avenue.”

Zelov said it was “the second victory in the last two weeks over unwanted billboards.” The first occurred when a Montgomery County court upheld a Lower Merion zoning board opinion regarding illegality of an existing AdSmart billboard in Bryn Mawr.

Additionally, Phoenixville’s zoning hearing board on Wednesday nixed another billboard request from Bartkowski.

BIG is currently appealing a negative decision from Springfield zoners, and has not fared well in ongoing litigation with Marple.

During closing arguments in Haverford on Feb. 2, BIG attorney Marc Kaplin pointed to how Westtown Township negotiated an agreement with a Bartkowski company for a billboard surrounded by elaborate landscaping buffers.

“Millions for defense, but not a nickel for tribute,” Kaplin said with regard to Haverford’s defiant attitude.

“Either you stand up to the bully or cow down …” said Sandi Donato, a Haverford resident, anti-billboard activist and party to the case.

“I’m committed to Haverford Township. It’s our duty as residents to do what we can. I’m glad Haverford is standing up to him. I’m happy with the decision and hope we can see it through and win when we go to court.” Continued…

Donato said she’s presently weighing her options for future involvement.

At least for now, however, “I’m just so happy it’s over,” Donato said.