Dec 5, 2014 3 min read

CHARLEROI – A clinic that treats patients trying to quit heroin addictions can remain open in Charleroi under a ruling Thursday in an appeal heard by the borough zoning hearing board.

The board sided with New Life Recovery Services, ruling it met the burden of proof that the property “is an existing and nonconforming use” under the borough code, the zoning hearing board decision states.

“I’m happy. It allows them to continue to operate,” said Charleroi attorney Dennis Paluso, who represented the clinic in the case.

The leaseholder of the former Rax Roast Beef Restaurant at 90 Chamber Plaza rented the building to Monongahela physician Robert Belluso, who opened the clinic in July to treat recovering heroin addicts with the drug Suboxone.

The borough, upon discovering the use of the building changed from a pain-management physician’s office to a heroin addiction treatment clinic, took steps to close the business on grounds that it’s not a permitted use in an area zoned for heavy industry. The borough objected to its use to treat people with “opiate addictions” by prescribing them Suboxone, the hearing board decision indicates.

Belluso appealed the denial to operate by the borough zoning officer to the zoning hearing board, which held a hearing on the matter Oct. 10, at which time Charleroi Mayor John Mollenauer objected to the clinic “because it provides a negative image,” the record indicates.

Belluso argued the building had been allowed in the past to operate as a medical office and noted that a borough permit had been issued in January to use it for a pain-management clinic.

The board found that the area where the clinic is located has other buildings out of compliance. The property was home to glass factories until the 1940s. It also made note of the fact that the Rax was permitted to stay open for many years after the building was constructed in 1978.

The borough’s code enforcer, Michele Mackey, also issued a certificate in January to Beacon Medical that stated the doctor’s office “meets all current zoning and land development requirements.” Then, in April, Mackey sent a letter to the leaseholder, William J. Hughes, thanking him “for taking the opportunity to invest in our flourishing community.”

The board ruled that federal law requires recovering heroin addicts “be treated as persons with a disability” and that treating them differently would violate the U.S. Americans With Disabilities Act.

The borough has 30 days to appeal the decision to Washington County Court. Borough solicitor Alan Benyak said he needs to read the opinion and “make an intelligent decision” on whether to appear the ruling.

New Leaf still faces a different legal battle in Washington County Court in an action filed by the Trustees of Charleroi Community Park, which owns the former Rax property it leased to Hughes, of Peters Township, for 99 years.

The trustees are asking the court to find Hughes in breach of his contract for subleasing to Belluso and to evict New Leaf from the building.

In a response to the filing Nov. 7, Hughes stated he never intended to use the building for anything other than a physician’s office, and that he is permitted to lease the building “without prior approval of the trustees.”

The court has yet to schedule a trial in the case.