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By TERRIE MORGAN-BESECKER tmorgan@leader.net
Thursday, March 13, 2003 Page: 8A
PLAINS TWP. – The township’s zoning officer has denied an occupancy permit
for a proposed methadone clinic on Laird Street, setting the stage for a legal
challenge that will likely include Wilkes-Barre as well as township’s Zoning
Board and commissioners.
Bruce Phillips, attorney for Wyoming Valley Health Care System, said
Wednesday he will appeal zoning officer Richard Piekutowski’s decision to the
Zoning Board within a few days. A hearing will then be scheduled within 30 to
60 days.
In a March 10 letter, Piekutowski said he denied the permit because he does
not believe the facility meets the definition of a medical clinic, therefore
it does not fall within the B3 business zone in which the location is
proposed.
Wilkes-Barre Mayor Tom McGroarty opposes the clinic’s location because it
is near the city-owned Eddie White soccer field and homes in the Parsons
section of the city. He has directed city attorney William Vinsko to contest
the clinic, but Phillips questioned whether the city has legal standing in the
matter.
“He has no power or jurisdiction outside the city of Wilkes-Barre,”
Phillips said, referring to McGroarty. “It’s very inappropriate for him to
play any part in this whatsoever.”
Vinsko said he believes the city has legal standing because a small part of
the soccer field falls within the boundaries of Plains Township. Also, he said
either the city or its redevelopment authority owns a piece of land near the
Bennett Jaguar dealership that abuts the location. That land is also within
Plains Township boundaries. As an adjoining property owner, the city has a
right to present testimony at the Zoning Board hearing, he said.
Vinsko said he also has reviewed maps of the area and is questioning
whether the soccer field falls within the distance limitations of a law that
prohibits methadone clinics within 500 feet of certain public facilities,
including playgrounds and parks.
“I can’t state for sure, but if it’s not, it’s very close,” Vinsko said.
“That’s something we’re going to have to have our engineers look into.”
Mary Martin, director of Choices drug and alcohol treatment center, which
will operate the clinic, said officials there already measured the distance
and found the field was 916 feet away, taking the shortest route possible.
“We did look into that by map and by foot,” she said, noting they had a
person walk the distance using a distance measuring wheel.
Martin also noted that the terrain between the field and proposed clinic is
dominated by cliffs and waterfalls, making it very difficult to traverse.
“No kid is going to be able to walk over that terrain,” she said.
McGroarty said Wednesday he remains concerned about the impact the clinic
would have on the neighborhood, and is hopeful the health care system will
consider a different site. If not, he’s prepared to take whatever action is
necessary – including a possible court challenge – to stop it from locating
there.
“My duty is to protect the people of the city and ensure our rights are
protected,” he said.