A split Scranton Zoning Board on Wednesday rejected a variance sought by the University of Scranton for a new, $47.5 million, eight-story rehabilitation center to replace Leahy Hall.
The board also turned down an unrelated variance to convert a former personal care home on Cedar Avenue into a residential drug and alcohol treatment center. And in another unrelated application, the city zoning officer testified he signed a document allowing renovation of a condemned home on Clay Avenue to proceed without zoning board approval because he was directed to do so by the city Law Department.
Regarding the university, the board voted 3-2, with members Carri Newcomb, Steve Bartnicki and Mary Ann Wardell voting no and Lance Stange Jr. and board chairman Steven Kochis voting yes, to deny a traffic sight variance that the university needed because Leahy Hall, Jefferson Avenue and Linden Street, is nonconforming.
Dismayed by the plan to raze the building, Ms. Wardell asked why the university isn't looking to build elsewhere. Architect David Hemmler said the university wanted to keep the departments of exercise science and physical and occupational therapy together. University attorney Patrick Lavelle said an appeal will be considered.
The board also voted 4-0 to reject a variance sought by Pennswood Manor Real Estate Associates of North Main Avenue to convert the former Pennswood Manor personal care home at 929 Cedar Ave. into a residential drug and treatment center. Ms. Newcomb left the dais during this application and did not vote.
A 25-bed treatment facility has already been operating for many months in the Pennswood building after the closing of the personal care home, and the firm was hoping to get formal zoning approval and expand to 40 beds. Scranton School District Superintendent William King and several residents expressed opposition to the treatment facility, which is near the South Scranton Intermediate School. Pennswood attorney Christopher Cullen said an appeal is likely.
In the other matter, a Clay Avenue landlord, 1201 Mulberry LLC of Hazleton, appealed the issuance of building permits for a condemned home at 412 Clay Ave. owned by MTJ Development.
Under the city's condemned home ordinance, MTJ should have first received zoning board approval before doing any work, city Zoning Officer Michael Wallace testified. However, he also testified that he signed a "certificate of nonconformity," which also is allowed under the zoning ordinance, that allowed work to proceed, after he was directed to sign that document by the city Law Department.
Mr. Kochis, flabbergasted by Mr. Wallace's testimony, said, "You were told to?" and Mr. Wallace replied, "That's right. I take orders."
The board voted 5-0 to sustain the appeal, ruling the permits were not properly issued.
Contact the writer: jlockwood@timesshamrock.com