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| Att'y Blake Marles |
Town Hall may have been as crowded as Volksplatz before it flooded, but the headliner was missing. Developer Abe Atiyeh was absent, leaving engineer David Harte and Bethlehem Attorney Blake Marles to run the gauntlet between the slings and arrows of an emotional crowd and dubious planners.
Atiyeh's proposal is actually his third at this site, located a stone's throw from Bethlehem Catholic High School, North Central Little League and a playground.
Originally, he planned a 180-bed assisted-living facility called Bethlehem Manor. But he soon discovered the market is already saturated, and was unable to market the property. Last year, he proposed four three-story apartment buildings, but the Zoning Hearing Board refused a use variance in an area zoned for institutions.
At the time, Atiyeh testified, "This use is the only valid use on this site. We have a hardship here." Despite an appeal in which he continues to make that argument, Atiyeh has found another valid use for the property that requires no variance at all - an inpatient psychiatric hospital that specializes in treating people with drug and alcohol addictions.
Planner Steve Thode took engineer David Harte to task for this apparent contradiction. "Now you're saying there is a permitted use which is viable. Which is it?"
When Thode asked Harte whether the facility will house violent patients, the audience groaned when Harte answered, "I don't know what your definition of violent is." Although Attorney Marles denied it would be a holding facility, he told Thode that the state license, which can only be granted after a plan is approved, determines the type of patient that will be permitted.
Thode asked whether Marles would be willing to delay the plan's approval for two months to meet with the community and to provide details on similar facilities. He declined. "What you're asking for is a review of the use," he argued. "[Atiyeh] is entitled to do this as a matter of right."
Planning Chair Jim Fiorentino, noting the locked nature of at least a portion of the facility, likened it to a jail located next to a high school, playground and little league. And board member Andrew Twiggar expressed a "big reservation for the safety and welfare of the neighborhood."
In addition to the concerns raised by planners, a procession of sixteen speakers raised even more. Former Northampton County Council member Greg Zebrowski, who opposed Atiyeh's apartment complex as well, stated this was "like a replay of a bad movie." Calling Atiyeh a "scorned developer," he called the psychiatric hospital plan a "bait and switch" to get approval for the apartment complex. "Anybody with an ounce of common sense could see this is not an appropriate setting," he reasoned, as the public applauded.
Eventually, every speaker who opposed Atiyeh's plan received a round of applause. That brought City Council candidate Al Bernotas to his feet. After calling Atiyeh a "vindictive developer trying to stuff everything down the throats of the citizens of Bethlehem," he chided Chairman Jim Fiorentino for allowing this applause.
"No applause, please, for Al," Fiorentino wisecracked as Bernotas made his way back to his seat.
Although Atiyeh's plan had no defenders other than Harte and Marles, some members of the public supported the concept. Mike Grasso, Dean of Students at Becahi, noted that he must deal with students who suffer from depression and alcohol abuse. "There's not a person here who in their heart does not feel this is needed," he stated, but suggested it is needed somewhere away from a large population.
Detecting a sentiment against people who suffer from addictions, Planner Katie Lynch cautioned the crowd. "I take exception to people stating 'these people'."
After a unanimous vote rejecting the plan, Marles asked Planners to state a reason. "I haven't heard a basis for a denial. Not a single one."
30 comments:
According to Atiyeh's spokemen, the "pyschiatric hospital" development plan is exactly like the "apartment complex" development plan, except the USE is different. So, which is it, a hospital or an apartment complex? Evidently, it is a hospital in apartment clothing. Well, if it looks like a duck, and sounds like a duck, it is probably a duck. He should have told the planning commission that he was going to build a communication tower, even though it looks like an apartment complex. Poor Abe.
Crack house?
This situation starts to sound familiar to me.
http://www.pilcop.org/APPELLANTS%20REPLY%20BRIEF%20NDTS5.pdf
Is it a hospital or prison/jail. That is the question. Until that can be vetted, the City did the right thing.
I did not know that Colonel Sanders was present at the hearing.
Wow what a bad decision. Atiyeh clearly has the right to build this. It's really unprofessional of the planners to deny him his property rights just because some loud special interests disapproved. I'm especially surprised that Al Bernotas, a Republican, takes such a narrow view of private property rights. Also, isn't this an example of government holding back job creation through over-regulation?
I truly hate to be in agreement with Mr. Geeting on any issue. However, at least as to the question of Al Bernotas being a qualified candidate he is correct. However, the concerns about Mr. Bernotas relate to his own shortcomings and not to him being a Republican. The other 2 Republican Candidates are well spoken and stick to the issuess of the fiscal mess currenlty facing Bethlehem.
Guess I should indicate that after I "published" the comment I realized I didn't correct the typos. So, before you start calling me stupid, I do know that issues doesn't have a second s and that currently is the correct way to spell that word.
There's hoot - Jon Geeting worrying about property rights.
I read in the paper that the neighbors want Atiyeh to work with them on what is an acceptable use. That's fair. So when they sell their property, they should work with the community on the sale price and when they get their proceeds check, they should work with the community on how much of the money they should give to the community. That's fair now, since we seemingly woke up in Communist China this morning.
I don't think Jon Geeting has the slighest idea of what he's talking about. first of all; unless he was there last night and knows exactally what happened and knows anything about planning he shouldn't condemm the board for denying the plan. plain english is they needed more information about the use to even determine if it was indeed a permitted use under the zone. Secondly, say what you want about Al but i don't think his political choice has anything to do with his view about anyone's property rights. Sounds to me like your nothing more than a liberal tax and spend democrat who knows nothing about zoing and planning laws.
correction----zoning
You correctly note that the market for assisted living facilities is saturated and therefore, ends this dream. This is demonstrably true and it is the law of supply v demand. That being said, why doesn't this entreprenuer find a suitable piece of property (not necessarily this one though) and build what is reaslly needed in the Lehigh Valley?
There is a serious dearth of truly affordable housing for low-income people. Why does this fall exclusively to housing authorities? Why must the federal government bear all of the burden?
The day that the Abe Atiyehs of the world fill a really necessary void with be a real day to celebrate.
VOR
VOR, The area is zoned Institutional, and does not permit residential use. If Atiyeh was unable to get a use variance for luxury apartments, do you think zoners would grant him one for affordable housing? I can't speak fr Bethlehem residents, but suspect they might oppose that in force. Moreover, a school district would likely be negatively impacted.
Anon 10:09, Geeting was not at the meeting. I have no horse in the fight myself.
The Planning Commission has seen 3 vastly different plans in 3 years for that property, saw no statement of intent on the plan, saw a developer who was unwilling to meet with residents or provide details about they hospital in a subsequent meeting, heard that it might or might not be a lock-down facility.
I doubt their denial will hold up in court. I think they know their denial will likely fail, but they could see the plain absurdity of locating a specialty psychiatric hospital so close to a high school, little league and playground. It may be a permitted use, but clearly, this kind of use was never contemplated when the zoning ordinance was drafted.
Bill, Your link does not work. What s the case?
Mr. Marles, we'd really like for you to join our team. You look the part.
Sincerely,
Civil War Re-enactors
11:43 - how dare you make fun of Blake "Col. Sanders" Marles!
Bernie, I believe that if this is "technically" permitted under the current zoning, the neighbors may want to hire an attorney and test the zoning designation in the court system. With the fact that a school is so close, they may be able to run this through the courts and have a judge rule in their favor.
Just because a "zoning" code is written doesn't make it legal if overturned by a court.
May not work but it may be the only recourse for the people. When it comes to laws and judges you never know, its like craps. Besides it will tie the damn thing up for years and we know Atiyeh has no patience. He is just doing this as a dick move.
This has been his MO for decades throughout the Lehigh Valley.
Bravo to the Planning Commission. Win or lose, at least the financial burden of defending the neighborhood will be borne by the City (all taxpayers), not just the neighbors. And I believe in private property rights. The neighbors also have private property rights, which should be protected by the zoning ordinance.
"Ah say, ah say, ah say it's finger-lickin' good!"
Is that the hand of God in the photo?
Atiyeh seems to plan his projects by throwing shit on the wall to see what will stick. He must have ADHD.
"Bravo to the Planning Commission."
No applause, Al. :-)
That was one of Jim's better lines and he had a few good ones on Thursday.
Fiorentino even had me laughing when he made that comment!
Al Bernotas said: "at least the financial burden of defending the neighborhood will be borne by the City (all taxpayers), not just the neighbors."
So, you're running for Bethlehem City Council as someone who cares about how high my taxes are yet in the same breath you want me (as a taxpayer) to foot the bill for your neighborhood disagreements. I too am starting to believe that Mr. Geeting is correct about you Al.
You can't have it both ways. You either take personal responsibility for yourself, your home, your neighborhood, your city, etc. or you become a socialist and have the government do it for you.
Well, that or you're just cheap.
Taxpayer, As a candidate for public office, Al will have to take a few shots and answer unpleasant questions. Lord knows enough shots are given to sitting Council members.
But wouldn't it make more sense for people to identify themselves when trying to engage a real person in discussion?
I did, I'm a taxpayer.
No, you didn't. I don't consider your attack personal and think candidates for public office deserve greater scrutiny, so don't get me wrong. My criticism is by no means limited to you.
I just don't understand why people won't ID themselves. Is it cowardice? Is it bc you are a hack? Is it bc you are one one of Al's opponents?
Same thing when one of Al's opponents gets slammed, too.
It's much harder to give your kind of comment any credibility than a comment from a person who identifies himself or herself. But go ahead.
I disagree. I believe it is my right to question candidates even if I do it anonymously. This town is full of vindictive people (Al seems to be calling people that often enough). He is only humman after all, and lets say he does by some odd chance get elected to a position of power. If I give my name he can then come after me.
I'm nothing more than a resident who pays their taxes and runs a small business. I've been around long enough to know to not bite the hand that feed me (or could in the future).
The way I read Al, and you may or may not agree with me, is that he has little to no power now and he's continuously attempting to bully people while complaining about other bullies. Imagine what he would be like as an elected official!
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