M.A. Gillen v. Board of Commissioners Twp. of Lower Merion
1063 C.D. 2024
| Pa. Commw. Ct. | Jun 27, 2025Background
- Maura A. Gillen sought a certificate of appropriateness to modify her home’s porch within the Haverford Historic District in Lower Merion Township.
- The Haverford Historic District is governed by the Historic District Act and local ordinances, requiring review of exterior changes visible from public streets.
- Gillen proposed replacing porch elements, adding a stair rail and ceiling, and cladding certain elements with modern materials; some details would change depending on available materials.
- The Township’s Historical Architectural Review Board (HARB) and consultant determined some of Gillen’s requests would alter defining historic architectural features.
- The Board of Commissioners approved some replacement work but denied wrapping the porch beam and adding a ceiling, citing their impact on historic character; this decision was affirmed by the trial court, and Gillen appealed to the Commonwealth Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board properly denied portions of Gillen’s application without evidence of impact on district’s historic/architectural nature | Board lacked evidence showing the proposed changes would affect the district’s general historic and architectural nature | Township code allows regulation of alterations visible from the street; evidence and expert input showed the changes would negatively affect historic character | The Board properly denied those portions of the application, finding sufficient consideration and evidence existed |
Key Cases Cited
- First Presbyterian Church of York v. City Council of the City of York, 360 A.2d 257 (Pa. Cmwlth. 1976) (explains that municipalities must consider the effect of proposed changes on the historic and architectural character of the district in issuing certificates of appropriateness)
- Park Home v. City of Williamsport, 680 A.2d 835 (Pa. 1996) (addresses municipal authority to regulate alterations in historic districts)
- In re Appeal of the Bd. of Comm’rs of Cheltenham Twp., 211 A.3d 845 (Pa. 2019) (clarifies statutory interpretation when language is clear and unambiguous)