Appeal delays clinic approval
WAYNESBURG – A Cumberland Township couple living in the shadow of where a drug treatment clinic is proposed filed an appeal Monday morning demanding the plans first be reviewed at a municipal zoning hearing.
Heidi and Jason Whipkey filed the zoning appeal through their attorney, Kirk King, at the Cumberland Township building, delaying the approval of Greene Medical Center 1 at the Paisley Industrial Park along Route 88.
The appeal prompted Greene County Planning Commission, which met Monday night to review a site plan for the project, to delay making a ruling until the township’s zoning board approves the application.
“I’m glad that the board heard us and agreed that it should be held for a different hearing at the zoning level in Cumberland rather than pushing it through and approving it,” Jason Whipkey said after the meeting. “I’m happy with the way the meeting went, but it’s just the beginning of the journey of a very long, hard battle that we’re prepared to fight.”
Dozens of people, including the Whipkeys, packed the special meeting to protest the proposed methadone clinic, but left without speaking when the commission granted a “stay and hold” on the application until Cumberland Township officials decide at a zoning hearing.
Planning Commission Chairman Brent Burnett told the crowd before they left his board’s role is to approve construction plans and stormwater permits, and it does not make decisions regarding zoning.
“Just to be clear for everyone, we’re sticks, bricks and mortars,” Burnett said. “We deal with buildings in the ground.”
DJ Realty Holdings LLC purchased land in the park with plans to construct a 4,800-square-foot medical building for addiction services at the industrial park. Jeffrey Proden, an attorney representing DJ Realty Holdings at the meeting, said they disagree with the grounds of the appeal, but would take the appropriate steps to move forward with the project.
“We do want to make sure we follow and comply with everything,” Proden said.
Monday night’s special planning commission meeting was needed after the Whipkeys were not notified of the June 8 meeting when the board gave conditional final approval to the site plan. They attended a Cumberland Township supervisors meeting July 13 to discuss the issue, but were not officially notified about the plans to build the clinic for another week. The delay in the formal notification should allow them to fall within the 30-day limit to file an appeal, their lawyer argued, even though the plans were approved nearly two months ago.
The planning commission also voted Monday night to rescind their previous approval in June because the Whipkeys, who live on Hull Lane and are the closest residents to the property, were not told of the meeting, nullifying their opportunity to offer their input on the plans.
“The application was flawed when it came to us,” said Kevin O’Malley, the planning commission’s solicitor.
The planning commission members previously told township officials it was their view a zoning hearing should be held to grant the clinic a “special exception” to be placed in an industrial or commercial area. Township Zoning Code Enforcement Officer Ann Bargerstock said a hearing was not required because the clinic fits under the industrial park’s mixed-use commercial permit and a zoning hearing might draw legal action by the developer.