Ruling on liquor store move expected soon

With no easy solution, a decision regarding the move of the liquor store could go either way.

The looming controversy regarding the possible move of the 41st and Market streets liquor store to 4237 Walnut St. is still unresolved, with a ruling from the city zoning board expected to come sometime in the next week.

Local officials say the indecision comes in part from the unique circumstances surrounding the case, in which a local mosque is in vehement opposition to the move due to both religious reasons and concerns about the impact on the neighborhood.

"It's so big, and there is no easy solution," said Barry Grossbach, Spruce Hill's Zoning Committee chairman. "We hadn't dealt with this before and therefore have no track record or history."

"There is absolutely no way to know," added Daniel DeRitis, the owner of the of the proposed site. "We just lay out the tracks, and they make the decision based on a whole set of critiera."

According to Pennsylvania statute, the zoning board has discretion to grant or refuse a liquor license if the proposed location is within 300 feet of any place of worship, hospital, charitable institution, school or public playground. The board can also refuse a license if it is within 500 feet of an area that would be "detrimental to the welfare, health, peace and morals of the inhabitants of the neighborhood."

Members of the Masjid Al-Jamia mosque, located across the street from the proposed site, have argued that the move would be just that - a danger to the surrounding community, which includes families as well as the Penn-Alexander School, located at 42nd and Locust streets.

It seems, however, that the backing of the local community - and local Councilwoman Jannie Blackwell - could be enough to override the mosque's objections.

Martin Cabry, director of zoning and community for Blackwell, said the councilwoman has come out in support of the move after receiving positive feedback from most of the residents in the area.

"The Market [Street] store is inadequate to serve their needs," he said. "Community members were overwhelmingly in favor, so [Blackwell] wrote a letter of support."

Pennsylvania Liquor Control Board spokeswoman Francesca Chapman also said the PLCB has received positive response from the surrounding neighborhood, since many residents have requested a higher-end liquor store in the area.

Chapman cautioned, however, that the move has not been finalized, and area reaction is always an important part of the decision.

"We haven't made any decisions on Walnut Street," she said. "The input of the community is always important to our decision making process, which is why we participate in public hearings."

That attitude seems to be a constant theme as local officials continue to stress that community response is essential in such a controversial decision.

"The board looks at the law, and that's what they're guided by," Grossbach said. "The board listens to the community and weighs community interests."

Still, Grossbach warned that this is not a battle between the mosque and the neighborhood.

"We're looking at what is the best use for that site," he said. "We tried to reason with the mosque and tried to accomodate their concerns."

Representatives from the mosque did not return repeated requests for comment.

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