No action on drug treatment clinic
CARMICHAELS – The Cumberland Township Zoning Hearing Board took no action Tuesday on an appeal filed by a property owner challenging the approval of a zoning application for a drug treatment clinic at the Paisley Industrial Park.
The board informed Heidi and Jason Whipkey, who filed the appeal and are the closest residents to the proposed methadone clinic, the board could not hear the case until a building permit is issued for the project.
At the start of the meeting, zoning board chairman Jerry Simkovic first questioned zoning officer Ann Bargerstock whether a permit for the development was issued by the township. She answered one had not.
“If the zoning officer hasn’t issued a permit, there is no basis for a hearing,” Simkovic said.
Board solicitor Joseph Brodak agreed and said “there is no basis for an appeal” until the zoning officer issues a permit.
The drug treatment clinic, referred to as Greene Medical Center 1, is being proposed in the industrial park off Route 88 by DJ Realty Holdings LLC.
The Whipkeys filed an appeal of the township’s approval of the zoning application, claiming the township, under its zoning ordinance, should have required the developer to receive a special exception. The Whipkeys said they were never given an opportunity to comment on the plan or provide input, which would be afforded by a zoning board hearing on a special exception, and only learned of the development when it was up for final approval before the Greene County Planning Commission.
The county planning commission also questioned whether the special exception was needed for the project from the township zoning board, and last month voted to stay its consideration of the project after the Whipkeys filed a zoning appeal with the township.
About 20 residents attended Tuesday’s zoning board meeting to learn whether the board would hear the appeal.
Attorney Kirk King, representing the Whipkeys, told the board the appeal was based on a letter Bargerstock sent to the county planning commission June 5 indicating the project was found to be in compliance will all municipal ordinances and stating the township “will issue all necessary permits” to the developer.
“It’s pretty clear, whether signed or not, this letter states (the permits) will be issued.” King said. “… I think we have a right to appeal from that. If you’re telling us that we don’t, fine. We’ll go to the court of common pleas.”
Bargerstock said that at the time the letter was written the township was preparing to issue the permit based on its legal determination the clinic complied with the industrial park’s mixed-use designation.
“However, we were waiting for information we require from the county in order to issue a permit,” she said.
The county planning commission must first approve the project before the township can issue the permits, she said. Simkovic also noted that although the letter may indicate an “intent to approve” that didn’t mean permits would be issued until all conditions were met, and the board still could not consider the case until the permits are issued.
King said he understood the board’s position, but it had to understand his client’s side of it. The Whipkeys only received notice of the project when it was ready to go before the county planning commission for final approval. He said he advised them to file the appeal.
“If not, they would have been left out in the dark, so to speak,” with possibly no recourse to challenge the decision, he said.
“I just want to be notified when a permit is issued so I can properly file an appeal,” he said.
Bargerstock said she would provide King with that notice.
Jeffrey Proden, an attorney representing DJ Realty Holdings, also noted the planning commission had stayed action on the project until the township acted on it. He asked if the board’s action would return the project to the planning commission. Bargerstock said she would contact planning commission staff to discuss the project status.