Erik Hetzel under cross |
Hetzel told zoners that, under Bethlehem's zoning ordinance, a 70-bed voluntary inpatient substance abuse center like the one proposed by Atiyeh would be permitted as a special exception in any residential district. He added that the vacant Calvary Baptist Church site, located at 111 Dewberry Avenue, is bordered by institutional and residential uses and would serve as an "effective transitional use" as a "hybrid" of both uses.
Asked whether he was aware of similar facilities located near schools, Hetzel stated that a cursory examination revealed a dozen such uses, although he only described two in detail. One such facility is the Livengrin Foundation, located only 1/4 mile from Ben Salem High School, and surrounded by residential properties. The other rehab center, Penn Foundation, is bordered by West Rockhill Elementary School recreational fields. Unlike Atiyeh's proposed rehab at Calvary Baptist church, there is no fence or landscaping buffer at Penn Foundation.
Hetzel spoke to the principals at both schools about security concerns, but hearsay objections prevented him from sharing what he was told.
After discussing these two similar facilities, Hetzel went on to cite the reasons why this rehab would be beneficial.
First, it would generate less traffic than it did as a church, which often had overflow parking along Dewberry and in Becahi's parking lot. Hetzel noted there would be no more than 29 employees on site at any given time, with a 147-space parking lot.
Second, the proposed rehab is a good adaptive reuse of a church. He added that empty churches often sit vacant for long periods in Eastern cities and become blighted.
Spadoni gets critiqued |
Fourth, the proposed rehab is a "socially valuable service" that Bethlehem needs. He pointed to previous testimony about the lack of rehabs in the entire Lehigh Valley. he added this rehab would provide a convenience to residents in need of treatment, who would no longer have to leave the area.
Finally, Hetzel testified that the rehab would maintain the same "physical integrity of the neighborhood" that currently exists because it would still look like a church, although he conceded it would be a church surrounded by a fence, gate, guard and security cameras.
Under stiff cross-examination by City Council Solicitor Chris Spadoni, Hetzel conceded that he never contacted the Diocese of Allentown, Bethlehem Catholic administrators, Kirkland Village managers, a nearby day care operator or any of the neighbors who surround the proposed rehab. In fact, Hetzel was unaware there even was a nearby day care center. Spadoni grilled Hetzel how he could be so sure the proposed rehab would be "in harmony" with the existing neighborhood when he never spoke to any of the neighbors in it.
When Hetzel finished testifying, Attorney Marles rested his case in chief, and his 26 exhibits were admitted into evidence without objection.
Bethlehem zoners will convene again on January 4 at Town Hall, to listen to the testimony of Objectors. Attorney Steven N. Goudsouzian represents the North Bethlehem Action Committee, which includes Judge William Moran among its members. Bethlehem Catholic is opposed to the request, too, and is represented by Attorney Jay Leeson. Finally, City Council has intervened.
Hetzel did what he was paid to do. In the end it was shown he had done no real local research. The Board id not mandated to allow "special exceptions" to the law. As such they can take no action on the request and by so doing are exercising their responsibility to the people of Bethlehem as allowed by law.
ReplyDeleteThe law is the law!
"located only 1/4 mile from Ben Salem High School" This project is located a 100 yards away from a High School or better yet borders a High School. A little different I would say.
ReplyDeleteBernie
ReplyDeleteNice looking guy. Interesting topic.
Could you also when time permits let us know who you know is running for local offices across region. You seem to be ahead of the newspapers.
"This project is located a 100 yards away from a High School or better yet borders a High School. A little different I would say."
ReplyDeleteHetzel also testified about a second rehab that does border the rec fields of an elementary school, just like Becahi.
Where was KRAFT again???
ReplyDeleteThis is the perfect place for a re-hab. Half the kids from becca will use it and the built in clients will make it very profitable for the owners, and look at all the positive taxes to Bethlehem, how can I be turned down
ReplyDeleteMoran could use this pace too...
ReplyDeleteBecause he missed the original hearing, he may not participate in this matter.
ReplyDeleteThat was very convenient for Kraft to miss the first meeting now that he is an elected official.
ReplyDeleteMy expert says this is a bad idea, and we all know my expert trumps your expert.
ReplyDeleteWe can pay anyone to say anything.
Go away!!!
"Half the kids from becca will use it and the built in clients will make it very profitable ..."
ReplyDeleteIt's ironic to read bigotry in the form of a public schoolesque run-on sentence from a complete fuck.
If it's not allowed and the developer sues, he'll win in court. This was documented in previous posts. It's expensive and fiscally irresponsible to oppose. The only hope is that the developer won't see suing as being worth the hassle. But, a court case would clearly be in his favor.
ReplyDeleteThe zb is not legally required to take any action above and beyond their stated duty.
ReplyDeleteThe law is the law.
Bernie, Is the proposed "hospital" in West Easton an attempt to slide another treatment center into the area? Since there are many beds available in his assisted living centers --- are the "treatment center/hospitals" the next hot item?
ReplyDeletetime to clean out the zoning board and get real people in there
ReplyDelete"The zb is not legally required to take any action above and beyond their stated duty."
ReplyDeleteI don't think anyone is saying that the ZB can't abstain, but if they do and the developer sues, clearly the court will do what they didn't want to dirty their hands with and allow it.
8:27, I know about the treatment center in West Easton, but nothing about his other plans.
ReplyDeleteNot in my back yard...only in yours.
ReplyDeleteThe only thing that is "clear" is that the zb is empowered to make a decision based on the law. The law "allows" for "special exceptions" but does not demand it. A court of law may find in favor of a suing developer but another court may find in favor of the city. It is the city's responsibility to uphold the law and protect it's citizens. Therefore, it is the responsibility of the city to not be intimidated into taking action it doesn't have to.
ReplyDeleteThe law is the law.
Bernie, The W. E. Council was given plans by the developer during a meeting I attended. I am curious to know how many municipalities he has pitched this idea.... thanks.
ReplyDeleteA "special exception" is neither "special" nor an "exception." The court will recognize if the developer meets the legal standard and greenlight the project. In this case, the ZB can do nothing but delay...at public expense.
ReplyDeleteA "special exception" is in fact a "special exception". The law is language not gibberish. The zb is not required to grant a "special exception"
ReplyDeleteThe law is the law.