A new park in Chesterbrook? Tredyffrin makes moves to seize former swim-and-racquet club by eminent domain

Tredyffrin Township is taking steps towards an historic move: using eminent domain to take land in Chesterbrook.

We say “historic” because the last time Tredyffrin seized land was 60 years ago – for a sewer line, according to the township’s solicitor.

[EDITOR’S UPDATE: Former Tredyffrin Supervisor Judy DiFilippo, whose tenure predated the current board and township staff, tells us Tredyffrin used eminent domain in 1996 to acquire land for Wilson Farm Park. The owners of Heritage Crossing took the township to court and the matter took three years to settle.]

This time, Tredyffrin proposes to take over Picket Post Swim Club’s former pool-and-racquet facility on Chase Road, a 4.8-acre eyesore, and turn it into a public park.

How the park will be used is TBA but racquet sports seem likely because the property already has six pickleball courts and four tennis courts.

Interestingly, at the same time Tredyffrin is pursuing the Chase Rd. property, it appears to be nixing plans for pickleball courts in nearby Wilson Farm Park.

What will this cost? No one’s saying but under PA’s eminent domain rules, Tredyffrin must pay fair market value. Picket Post sold the complex to developer Dave Ludin (Green Bridge Development/Finery LLC) for $1.2 million in 2018. Ludin’s plan: bulldoze the pool, clubhouse and courts and build Chesterbrook’s first new townhouse “village” since Parkview opened near the shopping center.

Of course, that hasn’t happened. The tract is zoned “rural conservation” and multi-family residential use is not permitted. Ludin asked for a zoning change, the township denied it, and he filed a court appeal. Chester County Judge Bret Binder has yet to render a ruling so Ludin’s been sitting on the vacant, degrading site for years.

In addition to shelling out for the land, the township would need to fill and pave over the swimming pools and spruce up the courts, restrooms, grounds and parking lot. And then, of course, pay to maintain the new park in perpetuity.

While eminent domain seems like a bold step, the park idea has been brewing for years.

Indeed, the township may have had a chance to acquire the lot for next to nothing back in 2015 (reportedly for the $50K or so left on its mortgage) when the financially struggling club determined it could no longer afford to maintain its Chase Road pool and tennis complex. The township declined the club’s offer, unwilling to pay to create and maintain a new park when it already had 90-acre Wilson Farm Park a short stroll away. Discussions were preliminary and informal and went nowhere.

A few years later, Tredyffrin Supervisor David Miller, then President of the Chesterbrook Civic Association, successfully led public opposition to the developer’s townhome rezoning plan, suggesting a public park for residents.

Today, as chairman of the board, Supervisor Miller is beating the same drum.

“This is a dilapidated recreational facility in the center of one of the densest parts of Chesterbrook,” Miller tells SAVVY. “It’s been outdoor recreation for 50 years and the township’s needs for recreation have only increased.”

Miller says the developer has yet to present a “viable permitted plan in the several years the property has been sitting there … When we started adding up the park needs in the township – stuff that we need for residents and what they’re asking us for – it became obvious that this is a facility we probably need.”

Topping residents’ wish lists, according to Miller: a racquet sports center.

Last Tuesday, Tredyffrin supervisors voted unanimously to hold a public hearing on March 17 on an ordinance that would authorize the seizure. The township could vote to pass the ordinance as soon as that night.

As it did seven years ago, the Chesterbrook Civic Association (CCA) applauds the park plan.

“One of the main reasons Chesterbrook wins awards as one of the best places to live [in the U.S.] is because its well thought-out design combines dense housing, open space and recreational areas,” offers CCA President Joanna Fisher. “Changing the property at 355 Chase Rd. to anything other than recreational space would upset this balance and be detrimental to Chesterbrook overall.”

Pickleball’s notorious noise issues notwithstanding, the public pines for pickle courts, she says. “Residents want easy-to-get-to courts with parking to play this popular sport.”

Not everyone is quite so gung-ho, however.

At Tuesday night’s meeting, former Tredyffrin Supervisor and current Chester County Planning Commission board member Mike Heaberg questioned the plan’s need, price tag and fairness.

”Tredyffrin has 13 parks all over the township. Do we have a couple million dollars burning a hole in our pocket for another park when Chesterbrook is already very well served with Wilson Park?” Heaberg asked supervisors. “There may be other parks that could use some love and financial investment that would have to be sacrificed if we spend $2M on this property.”

Ludin, the developer, hasn’t responded to our request for comment but his words from several years ago echoed Heaberg’s.

“You’re asking somebody who lives in the [Tredyffrin] panhandle over by Radnor to fund and sustain a pocket park in Chesterbrook when Wilson Park is 50 yards away,” Ludin said. “That’s a big ask.”

Supervisor Miller’s response to equity concerns: By his count, 20 percent of township residents live within walking distance of the proposed park.

Heaberg also pointed out that eminent domain is an inherently “lengthy, expensive and risky proposition … You go into not knowing what you’re going to pay for the property.”

Miller confirms that the township’s solicitor is talking to Luodin’s attorney. If the two parties can’t agree on a price, the dispute would almost certainly be resolved in court.

While he won’t speculate on price, Miller says Tredyffrin will draw on its reserves and seek grants for the project. It will also welcome public fundraising efforts already proffered by Chesterbrook Civic Association.

Worth noting: Tredyffrin officials just decided to nix pickleball courts and scale back long-planned upgrades to neighboring Wilson Farm Park after the bids came back well over budget.

Tredyffrin residents can weigh in on the proposed eminent domain ordinance at a public hearing on Monday, March 17 at 7 p.m. in the Tredyffrin Township Building on Mill Rd.