A local neighborhood association will appeal last week’s court order permitting an HIV/AIDS agency to demolish an old Catholic church.
On Oct. 1, Philadelphia Common Pleas Judge Idee C. Fox granted permission for Siloam to demolish the Church of the Assumption, 1133 Spring Garden St.
Siloam is a small nonprofit that provides holistic health-care services to people impacted by HIV/AIDS.
Though Siloam no longer owns the church, members of the Callowhill Neighborhood Association are concerned that the demolition permit now extends to the church’s new owners.
“We’re not sure whether the demolition permit follows Siloam or the building,” said Sarah McEneaney, president of the CNA.
Samuel C. Stretton, an attorney for CNA, said an appeal will be filed in state Commonwealth Court.
He declined additional comment.
John Wei of MJ Central Investment L.P., the church’s new owner, couldn’t be reached for comment.
The historically designated church has been vacant for more than 15 years and originally closed due to a sharp decline in parishioners.
In 2006, Siloam bought the church and several other parcels from the Archdiocese, but the church quickly became an albatross on the agency’s back.
Officials at the agency said they couldn’t do anything with it, and had little alternative but to seek its demolition.
In June 2011, Siloam went into court, seeking permission for the demolition.
While the lawsuit was pending, Siloam managed to sell the church and three adjacent parcels to MJ Central Investment for about $1.12 million.
McEneaney emphasized that a new use can be found for the church.
“It’s a beautiful building,” she said. “It has architectural significance and historical significance A building like that will never be built again. So it’s very important that it be preserved.”
Sister Cathy Maguire, interim director of Siloam, said she hasn’t talked to Wei about future plans for the church.
Maguire said Siloam rents space from Wei to operate out of an old rectory that Siloam sold to him.
About six years ago, Siloam rented space in the rectory from the Archdiocese, but the Archdiocese wanted to sell the property.
Siloam was given the option of staying in the rectory as long as it purchased not only the rectory but also the church, convent, storefront and adjacent parking lots from the Archdiocese.
McEneaney expressed sympathy for the predicament Siloam found itself in at that time.
“It’s a shame they were given that kind of ultimatum by the Archdiocese: ‘If you want to stay here, you have to buy the entire property,’” she said. “Frankly, we felt they got into a real-estate deal over their heads. It seems to me they couldn’t keep it up. It’s a huge property. And they’re not in the business of real estate. They’re in the business of helping people.”
The church was built in 1848-49 by noted architect Patrick Charles Keely.
It was placed on the Philadelphia Register of Historic Places in May 2009, in part because it was consecrated by Philadelphia Bishop-Turned-St. John Neumann and was the church where Mother-Turned-St. Katharine Drexel was baptized.
In 2009, Siloam applied for a financial-hardship waiver to demolish the church, because it couldn’t find anyone to buy it or rent it.
In September 2010, the Philadelphia Historical Commission granted the waiver, clearing the way for demolition.
But the CNA appealed to the city’s Board of License and Inspection Review.
In May 2011, the board overturned the commission’s ruling, effectively blocking the demolition.
Siloam appealed the board’s decision in Philadelphia Common Pleas Court, which resulted in last week’s ruling by Fox.
In her 12-page ruling, Fox said it would cost at least $5 million to renovate the church for any type of legal use — much more money than Siloam could afford.
She also said Siloam made adequate efforts to sell or rent the building.
“The [L&I Review Board’s] finding that Siloam’s efforts to sell or adapt the property were inadequate were not supported by substantial evidence,” Fox stated in the ruling.
Maguire expressed agreement with the judge’s ruling.
“I’m pleased that the decision came out the way it did,” Maguire said. “I’m very happy the judge spent the time to look over all the proceedings — and to find things in our favor. I felt it was a correct decision, because we should have gotten the hardship [waiver].”
Andrew R. Palewski, a neighbor who nominated the church for placement on the city’s Register of Historic Places, disagreed with the ruling.
“The Common Pleas decision undermines the future of the building and, as a matter of precedent, could adversely impact efforts to preserve other historic sites,” Palewski said. “Despite this, the property has new owners now and I’m hopeful that their plans will include the adaptive reuse of the building.”
Maguire said Siloam is searching for a new location, while it continues to operate out of the old rectory.
“The property committee has been selected, and they’ll be meeting within the next few weeks to start looking for a new location,” she said. “Siloam hopes to have a seamless transition of services when we move to our new place.”
McEneaney said CNA wishes Siloam well in its future endeavors.
“We have always supported the work that Siloam does,” she said.
Danny Rodriguez, chairperson of the city’s Board of License and Inspection Review, had no comment for this story.