Tuesday, November 06, 2012

Atiyeh Appeals Hospital Decision, Claims Plan Approved

Att'y Blake Marles
Last month, Northampton County Judge Edward Smith ruled that Bethlehem's Planning Commission exceeded its authority in denying developer Abe Atiyeh's plans for a psychiatric hospital at the southeast corner of Center Street and Dewberry Avenue. But instead of reversing, he sent the matter to the Zoning Hearing Board to determine whether a hospital use is permitted at that site.

Atiyeh has responded to this ruling with an appeal to Commonwealth Court, filed by Attorney Blake Marles on November 5. In addition, Marles has asked Judge Smith to reconsider, arguing that the only matter before him is whether the Planning Commission had a basis to deny the submitted plans. He also points out that, since this matter was never in front of the Zoning Hearing Board, there is no basis for a remand. In fact, Marles insists that since there was no legitimate basis for the denial of his plan, it should be deemed approved.

After his bid for luxury apartments at that 5-acre site failed, Atiyeh proposed a 4-story, 125-bed, inpatient detox center and psychiatric center. The site in question is located in an institutional district, where a psychiatric hospital is a permitted use.

1 comment:

Anonymous said...

And he is 100% right. The dewberry avenue idiots got EXACTLY what they asked for.