Bethlehem Planners Reject 1000' Rehab Buffer

Eric Evans

Bethlehem planners, at their May 10 meeting, frowned on a proposed change to the current zoning ordinance, which would require a 1000' buffer between a residential rehab center and schools, parks, playgrounds, daycares and colleges or university campuses. But they unanimously recommended a 500' buffer.

City Council president Eric Evans told planners that a new zoning ordinance, which removes residential rehabs from residential areas and requires a 500' buffer, is slated for its first public hearing on July 3. But until this massive overhaul is enacted, Council wants to consider a text change to the existing ordinance, to deter a rash of recent rehab zoning appeals near schools. That could be considered in early June, a full month before the major revisions. "Any time we can save to put something in place to make our neighborhoods safer, our children safer, is worth it," explained Evans. "We thought this 1000' buffer would send a message. We think it's important," Evans added.

In addition to Evans, City Council members Dave DiGiacinto and Mike Recchiuti attended the Planning Commission meeting.

Planning Commission Chairman James Fiorentino, an attorney, worried that a 1000' buffer would likely be considered an outright ban on residential rehab centers. "It's an invitation to a lawsuit we can't win," he observed. "It smacks of something that looks like an excluded use."

Planner Andrew Twiggar agreed that a 1000' buffer puts us "in very choppy water. At 500', we're much more secure."

Developer Abe Atiyeh has at least four applications for residential rehab centers, all within 1000' of Bethlehem schools. His Senior VP, Dave Harte, is a Professional Engineer. In response to a question from planner Andrew Twiggar, Harte flatly stated, "1000' is exclusionary." A 500' buffer, Harte conceded, would provide "a little bit more of an opportunity," but in densely "populated residential neighborhoods." He claimed even a 500' buffer would be both "arbitrary" and unnecessary for a private pay residential treatment center.

Harte also noted that residential treatment centers were authorized by a zoning change six years ago. "I would have hoped that the City would have studied it and thought about it six years ago, when they intentionally placed a new zoning district, and intentionally zoned it to allow residential treatment centers immediately adjacent to a school," Harte reasoned. "I don't see the reason for the flip flop at this time."

City Council is not bound by the 500' recommendation, and could still impose a 1000' buffer when it considers this zoning change in June.