Local Government TV

Thursday, February 23, 2012

Zoners Hear Final Arguments For and Against Atiyeh's Rehab Proposal

Allentown Diocese Attorney Jay Leeson
Over eighty people, including retired Judge William Moran and City Council members David DiGiacinto and Eric Evans, crowded into Bethlehem's Town Hall on February 22 for final arguments on Abe Atiyeh's zoning appeal for a controversial 70-bed voluntary inpatient substance abuse center. Proposed at the vacant Calvary Baptist Church on Dewberry Avenue, it's located right next to Bethlehem Catholic High School. Those expecting a quick decision left disappointed. After 21 hours of testimony spread out over six long nights, zoners Gus Loupos, Bill Fitzpatrick and Ron Lutes will wait until March 5th to make a decision. "We see light at the end of the tunnel," said Loupos, who chairs the zoning hearing board. "All we need now is a decision."

Representing Abe Atiyeh, Attorney Blake Marles told zoners that City Council and Mayor John Callahan only injected themselves into this case because of last Fall's election, drawing groans from the audience. "That's ridiculous," blurted out retired educator Greg Zebrowski, an ardent rehab foe.

Marles also argued that the Objectors in this case - the Diocese of Allentown, City Council and the North Bethlehem Action Committee - all failed in their burden of establishing that the proposed rehab actually presents a risk to anyone. Noting they had an obligation and ample opportunity to present facts, all they could come up with is "speculation" and "what if objections." In contrast, Marles subpoenaed the principal of an elementary school located next to a rehab, who testified there never has been a problem.

"They tried to make this a referendum on Abraham Atiyeh," Marles said of the Objectors. "but it is the use that must be evaluated, not the user."

A cross of ashes, marking Ash Wednesday, adorned Attorney Joseph "Jay" Leeson's forehead as he made his final argument on behalf of the Diocese of Allentown. Referring to the "town hall democracy" that sets Bethlehem apart from other communities, Leeson noted the "unusual breadth and depth of opposition," including the Mayor, City Council, a religious institution and "citizens from all walks of life."

Turning to the audience, he asked every person opposed to the proposed rehab to rise. Every person in the room, save for the press and Atiyeh's own legal team rose.

Leeson told zoners the "collective wisdom" of this group can't be wrong, and the room burst into applause.

City Council Solicitor Chris Spadoni
Representing City Council, Attorney Chris Spadoni told zoners that nobody objects to the rehab, just its location. He urged zoners to "protect our children" at Bethlehem Catholic High School Noting that Bethlehem is the "gem of the Lehigh Valley" because of its neighborhoods, he argued that a rehab so close to a high school and park is "deleterious."

Leapfrogging onto Spadoni's argument, Attorney Steve Goudsouzian also complained about the "awful location. I could not think of a worst place for this." Claiming that Atiyeh "tried to sell you a package," he noted there is a drug enhancement penalty near schools for a reason.

After attorneys were done, Zoning Chair Gus Loupos allowed six members of the audience to make final arguments as well. Stewart Early, a consultant, pointed out that the proposed rehab is located either next to or within a mile of four different schools, as well as two daycare centers. Youth case manager Holly Hornerook pleaded, "Please listen to what we're saying. These are our children. It only takes one time."

All that's needed now is a decision on March 5. Before leaving, Attorney Blake Marles told zoners, "I've seen you considerably more than my wife some weeks."

15 comments:

  1. There seems to be a great lack of common sense in this matter. If I didn't know better I'd say that the board got paid by the hour.

    This whole circus is simply harsh evidence that democracy (the will of the majority) is dead. Sort of like a judge over ruling a jury.

    ReplyDelete
  2. If you heard Marles last evening, the law is clear that the applicant meets the requirements for the treatment center.

    All the objectors case was centered on "we don't want those people here." It's all emotion.

    The reason why we have laws is to protect from the mob mentality. The administration proposed the Ordinance. The City Council voted to approve the Ordinance. And now, all of a sudden, it's a problem because someone is trying to follow what is permitted within the Ordinance.

    I suggest that any "residential" treatment center would have objectors for the same reason no matter where it could go. This is NIMBY, plain and simple.

    ReplyDelete
  3. Beg pardon and perhaps OT, but you ran the photo:

    Yesterday's Gospel at noon Mass told us to not perform our righteous deeds in public and not to draw attention to our alms giving as the hypocrites do in the synagogues. Then, they put a big ass black cross on my forehead and sent me out the door and back to my job.

    Question: Do you risk the depths of hell for immediately washing the ashes off or not? Fr. Alex? Anybody?

    ReplyDelete
  4. To grant a special exception, the Zoning Hearing Board must find adequate evidence that the proposed use meets all of the general requirements and relevant specific requirements. Two general requirements are particularly relevant to this request. Section 1325.07(b)(2): “In the best interests of Bethlehem, the convenience of the community, the public welfare, and be a substantial improvement to property in the immediate vicinity; and Section 1325.07(b)(3). “Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate with the existing character of the general vicinity.”
    Marles assertions to the contrary, the proposed residential treatment center does not meet these two general requirements.

    ReplyDelete
  5. In a little over 10 days, 235 people have signed a petition opposing the location of the rehab facility and sent it to City Hall. See http://www.change.org/petitions/director-community-economic-development-city-hall-reject-a-drug-and-alcohol-rehab-facility-at-111-dewberry

    ReplyDelete
  6. abe would have this completed already if he had hired longenback as his mouthpiece

    ReplyDelete
  7. It's all bullshit, you know they aren't going to allow this to happen. Just another waste of time and money by Abe

    ReplyDelete
  8. "Marles assertions to the contrary, the proposed residential treatment center does not meet these two general requirements."

    What Marles said, Stew, is that he had to prove he met the specific requirements, but that the burden of proof was on Objectors to establish that he failed to meet the general requirements. Now I have no idea whether his right, but three very good attorneys did not contradict him on that point.

    ReplyDelete
  9. "abe would have this completed already if he had hired longenback as his mouthpiece"

    No disrespect is intended to Karl Longenbach, who is a very good lawyer. But when it cones to zoning, i'd say Blake is the best one out there, followed closely by Preston and Holzinger.

    ReplyDelete
  10. Anon 1:05 PM,

    Feel free to email your question to me. To answer the question you posed, I am going to need more information, though; such as your intent/intentions.

    Peace be with you, ~~~alex+

    ReplyDelete
  11. That wasn't really clear. I mean your intent/intentions for washing off the ashes. That will help to answer the question you posed.

    Peace be with you, ~~~alex+

    ReplyDelete
  12. When I was a little kid, Monsignor McHugh used to joke about those he saw twice a year but kept the ashes on their heads for days...

    A & P Catholics

    That joke had a little more uummph when the grocery chain was still in business, of course.

    -Clem

    ReplyDelete
  13. known longenback for a long time. as far as being a good lawyer I did see him spell lawyer once on the fifth try. the only reason he gets any recognition at all is as the legal puppet for for an extremely weak government.

    He lacks moral courage.

    ReplyDelete
  14. Bernie,

    Perhaps opposing counsels felt the wording in Zoning Ordinance is self explanatory. It says in Section 1325.07(b): "The Board shall grant a special exception only if it finds adequate evidence that any proposed use submitted for a special exception will meet all the following general requirements, as well as any specific requirements and standards listed for the proposed use."

    The relevant general requirements are quoted in my previous comment.

    ReplyDelete
  15. Today, I went to the beach front with my kids. I found a sea shell and gave
    it to my 4 year old daughter and said "You can hear the ocean if you put this to your ear." She put
    the shell to her ear and screamed. There was a hermit
    crab inside and it pinched her ear. She never wants to Go Back!

    LoL I know this is totally off topic but I had to tell someone!

    ReplyDelete

You own views are appreciated, especially if they differ from mine. But remember, commenting is a privilege, not a right. I will delete personal attacks or off-topic remarks at my discretion. Comments that play into the tribalism that has consumed this nation will be declined. So will comments alleging voter fraud unless backed up by concrete evidence. If you attack someone personally, I expect you to identify yourself. I will delete criticisms of my comment policy, vulgarities, cut-and-paste jobs from other sources and any suggestion of violence towards anyone. I will also delete sweeping generalizations about mainstream parties or ideologies, i.e. identity politics. My decisions on these matters are made on a case by case basis, and may be affected by my mood that day, my access to the blog at the time the comment was made or other information that isn’t readily apparent.