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Philadelphia Enquirer – July 5, 2006

Neighbors fight Islamic foundation’s
 expansion in Philadelphia

By Jeff Price

Like good fences, good covenants make good neighbors.

Broken covenants - well, they can sow anger and mistrust.

When the Foundation for Islamic Education took over a 23-acre college campus in Villanova in 1994, Muslim leaders overcame neighborhood opposition by agreeing to abide by an array of restrictions, including limits on traffic, permanent residents, religious retreats and noise.

Now, as the foundation seeks zoning permission to expand operations after 12 years of growth, it has had to admit it violated not only those covenants but also the original 1994 zoning order.

Foundation leaders are pledging to be better neighbors from here on, but residents are proving a tougher sell this time.

The Lower Merion Zoning Hearing Board took up the expansion proposal in November. After a second hearing in May, James Greenfield, attorney for 26 neighborhood families, asked the board to reject the zoning application, saying: "The foundation clearly will not police itself and has no qualms about expanding its use without regard for governmental regulation. The board must, therefore, regard this institution as a threat to the surrounding community."

The foundation, headed by Mustafa Ahmed and represented by attorney Fred Fromhold, declined last week to comment on neighbors' complaints, pending the zoning decision, tentatively due July 13.

During the hearing, Fromhold said: "I think it is safe to say that there have been some violations," but added that "the foundation wants to be a good neighbor."

It began operations at 1860 Montgomery Ave. after receiving a special zoning exception to use the residential property as a mosque for Islamic services and education. Muslim leaders cited a Main Line-area Islamic community at the time of 75 families, with growth projected to 150.

In 1993, the foundation, a New York nonprofit religious group headed by Saudi businessmen, agreed to buy the campus of Northeastern Christian Junior College, the former Morris Clothier estate, for $2.7 million.

About 60 families dropped opposition to the 1994 zoning change after agreeing on the covenants. The zoning board, incorporating some of the covenants in its order, then ruled that the foundation's plans posed no threat to public health, safety and welfare.

That was the high point of the relationship.

The zoning order had given the foundation approval to hold as many as six retreats a year, at least 30 days apart, and to use the college dormitories to house up to four members of the support staff and their families. Outdoor sound systems were prohibited, as were outdoor calls to prayers, or calls inside that neighbors could hear.

During the November hearing, Manal el-Menshawy, foundation general manager, acknowledged that "much more than six, about 10," retreats had been held during summers, violating the 30-day intervals. The foundation also began an elementary school in 1999 and was the site of a summer camp in 2004, neither permitted under the original zoning order.

In addition, retreat groups set up outdoor speakers whose sounds carried easily into backyards of neighbors, and refugees from Turkey and homeless people were temporarily housed in the dormitories.

Neighbors testified at the May hearing that they were especially concerned that the foundation could not provide much information on what groups used the grounds for retreats or assurances that the foundation supervised their activities.

"It gets kind of scary in terms of security and what they're doing up there," said Kent Haas, one of about 30 neighbors whose properties abut the foundation.

Exacerbating relations with neighbors were reports this year that a convicted child abuser, subsequently identified through the Pennsylvania Megan's Law Web site, had been spotted at the foundation. In addition, the foundation's Web site was discovered to link to what Greenfield said was "some material that can be construed as anti-Semitic or anti-American."

Foundation officials told the zoning board in May that the child abuser did not live or work at the foundation - although acknowledging he used it as a mailing address - and the foundation said it could not be responsible for the content of Web sites to which it provides links.

However, the incidents added to residents' nervousness about their neighbor. Of four contacted for interviews, only Haas allowed his name to be used; the others cited the child abuser and the Web links, among other concerns, for not wanting to comment. But all testified on the record at the zoning hearings.

"The people running the foundation are perfectly nice," Greenfield said, but given "the world we live in, there is always going to be some level of concern about what people are doing."

Adeeba al-Zaman of the Council on American-Islamic Relations' Philadelphia office said foundation officials had been "very open with their neighbors." They have held open houses during Ramadan, she said. "They are very warm and welcoming."

Although the neighborhood, according to residents, is roughly 50 percent Jewish, no one cited religion as an issue.

"It has very little to do with the fact it is an Islamic institution," said Township Commissioner Phil Rosenzweig, who has been heavily involved in working to bring both groups together. "It could be a church, a synagogue, a mosque, a day camp, any institution. It's about following the rules and being a good neighbor."

It was not until early 2004, after residents complained about plans to house refugees and homeless people, that the foundation applied to the zoning board to expand activities under the 1994 zoning order, according to Michael Wylie, township zoning officer.

Upon protests by neighbors, the foundation dropped plans for housing refugees and the homeless. It is seeking approval for the elementary school and for summer camps.

As the zoning board moves toward a decision, another incident has roiled the waters. Haas said last week that on June 11 "the foundation started blaring Arabic broadcasts at an outing once again."

Police were called, but Haas said foundation officials told officers that they had a waiver for that day.

Wylie said he was investigating, but "we didn't give any kind of approval to use any kind of amp system."

Haas said he was amazed the foundation would risk a confrontation with neighbors during its appeal to expand activities.

Menshawy, foundation general manager, denied there were any outdoor speakers. She said police had responded twice that day but "didn't hear anything."

No matter what the zoning board rules, Rosenzweig realizes it will take time to win back the neighbors' trust.

"Hopefully," he said, "the sides will continue to talk to try to resolve their differences."

For his part, Rosenzweig said, he plans "to make sure everybody follows the rules."

http://www.philly.com/mld/inquirer/news/local/states/pennsylvania/14969266.htm