Board approves modified conditional use for 223 North Highland Avenue with pedestrian study and operating limits

The Lower Merion Board of Commissioners on July 15 approved a modified conditional use for 223 North Highland Avenue, known in the meeting transcript as the Marion Stiebel application, and added conditions aimed at managing pedestrian safety and long‑term operations.

Commissioner Kramer moved amendments that removed a one‑year sunset provision and required the applicant to submit a post‑development pedestrian study by Aug. 30, 2027, reporting average attendance at regular services and approximate peak attendance at special events. "The use of the property shall conform at all times to the testimony and exhibits presented at the hearing," Kramer said in moving the change; he also proposed language clarifying that services must not occur during the school’s regular instructional hours and adding a requirement that any successor operator conform to the operations and compliance plan submitted at the hearing.

Commissioner Bernheim, who had proposed the earlier one‑year condition, explained the intent was to give the board a period to assess how the conditions worked in practice but welcomed the additional clarifications. "The board stayed strictly within the defined parameters of the law," Bernheim said, noting the municipal planning code and zoning criteria guide the board’s review.

The applicant’s representative, Kaylee Belcher, told the board she was "comfortable with accepting this condition" for condition 9 as amended. Commissioners required an independent expert to perform the pedestrian study and reserved the authority for staff or the board to direct implementation of study recommendations.

Specific provisions discussed and included in the motion as read into the record were: limited evening services (Friday/Saturday) of up to 60 attendees who are not driven, increased Saturday morning services from 90 to up to 200 attendees who are not driven, and expanded holiday services (from 3–4 times per year to as many as 13 times per year) with up to 200 attendees who are not driven; the board amended multiple conditions to clarify “not driving or being driven” and to require proof of compliance and compliance logs upon request. Commissioners emphasized the conditions are to be enforced according to the record and the operations and compliance plan submitted at the conditional use hearing.

The board acted on several bundled amendments proposed by President Sinai intended to provide predictability and enforcement checks (including the pedestrian study, the double‑loading/scheduling restriction to avoid overlap with school activities, and an operations‑plan requirement that runs with the entity). The amendments were seconded and passed; the final motion, as amended, passed by voice/hand vote.

Next steps: the applicant must submit the post‑development pedestrian study by Aug. 30, 2027, and the board (and staff) will review and, if necessary, require implementation of safety improvements identified in that study. The board did not accept new testimony tonight; commissioners framed their action as deciding conditions based on the previously submitted hearing record and the hearing officer’s report.

(Reporting note: descriptions above use wording read into the record and direct quotes from the meeting transcript. Attendance, vote tallies and deadlines referenced reflect the public record read and discussed at the July 15 meeting.)