A Brake in the Action

After more than a year of fighting, the expansion of Gary Barbera’s Dodgeland onto the corner of Ridge Avenue and Fairthorne Street, a local civic association has finally reached agreement with the car dealer. The property in dispute will be used as a car storage lot.

After racking up thousands of dollars in legal bills and creating tension among neighbors, Ridge Park Civic Association (RPCA) may not have obtained any more concessions from Barbera than if members had settled the dispute last year.

The most important compromise made, according to RPCA’s attorney Stephen Pollock, is that Barbera agreed not to create an entrance on Fairthorne Street. Customers will enter and exit the lot from Ridge Avenue.

Barbera also promised to build a 6-foot privacy fence around the two sides of the property facing the Deauville Apartments and residential property privately owned by James Garvey.

Five-foot high shrubs will be planted along Fairthorne Street. Pennants, flags, banners, balloons and a loudspeaker system are all prohibited on the property.

The agreement was presented to Thomas Kelly, chairman of the Zoning Board of Adjustment, on Dec. 8.

Pollock says RPCA members "got pretty much what they wanted." Ultimately, the group realized Barbera would be allowed to use the land for some purpose and they couldn’t resist him forever.

"How long are you going to fight the battle and how many resources are you going to use?" he asks.

City Councilman Michael Nutter mediated the marathon negotiating session that led to this final agreement.

"I don’t know too many Council members who are willing to play shuttle diplomacy for eight hours," Pollock says.

Prior to the settlement, Barbera had applied for three different zoning permits so he could use the property — which he purchased in October 1998 — for his auto dealership. All of those permits were caught up in the appeals process.

—Gwen Shaffer