Recovery Coaching Services, Inc. v. Board of Commissioners of Township of Muhlenberg

39 Pa. D. & C.5th 321, 2014 Pa. Dist. & Cnty. Dec. LEXIS 940
CourtPennsylvania Court of Common Pleas, Berks County
DecidedApril 1, 2014
DocketNo. 13-17580
StatusPublished

This text of 39 Pa. D. & C.5th 321 (Recovery Coaching Services, Inc. v. Board of Commissioners of Township of Muhlenberg) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Recovery Coaching Services, Inc. v. Board of Commissioners of Township of Muhlenberg, 39 Pa. D. & C.5th 321, 2014 Pa. Dist. & Cnty. Dec. LEXIS 940 (Pa. Super. Ct. 2014).

Opinion

SPRECHER, J.,

Appellee appeals the order dated January 26, 2014, which granted appellant’s appeal and reversed the decision of appellee. This opinion is filed pursuant to Pa. R.A.P. 1925.

FACTS

Samuel A. Albert, Jr. (hereinafter, applicant) is the applicant and partial owner of appellant, Recovery Coaching Services, Inc., a privately funded corporation. Applicant is a certified recovery specialist who has taken [323]*323over thirty independent courses for addiction through the Council on Chemical Abuse. To maintain his certification, he must take thirty hours of courses within a period of two years. Appellant owns the property located at 2126 N. 18th Street, Township of Muhlenberg, Berks County, Pennsylvania (hereinafter, property). Property was a single family dwelling which appellant acquired by deed dated March 8, 2013. Applicant wants to convert property into a group home to provide a transitional housing facility for people recovering from the disease of addiction. Although people with any type of addition will be admitted to the facility, it will house people primarily in early and middle stages of drug or alcohol addictions. The purpose of the home is to provide a safe and structured environment for people who have been in treatment or aftercare and are preparing to return to their families. Group homes are a permitted conditional use under the zoning ordinance.

Applicant testified that there are ' no licensing requirements under state or local regulations for the operation of this type of a group home. Applicant lives across the street from property and will continue to live there during the operation of the home, so that he will be able to monitor it. There will also be a live-in house manager with an upstairs apartment. The home will be limited to five male residents who will be referred to appellant after their completion of treatment.

All potential residents will be subject to a criminal background check, and no one who has been convicted of violent or sexual crimes will be allowed in the home. People who have been convicted of the crime of driving under the influence will be permitted to participate, but not those needing detoxification. The residents will be people who have enjoyed months of continued, sustained [324]*324sobriety. The residents must sign a residential handbook which operates as a behavioral agreement.

All residents will be subject to breathalyzers and random urine screens. Residents will be tested at least weekly, probably twice per week. They will be discharged if any tests are positive. Applicant testified that there is a recovery rate of eighty percent for the addictions.

The average stay will be for ninety days, and if more time is needed, then the stay will be extended on a monthly basis. Residents must pay their fees in full before their admissions; the full payment of $7,500.00 for ninety days provides an incentive to perform well because there are no refunds.

All visitors must be family members and approved by the house manager, the case manager, and applicant. No overnight visits will be allowed on property.

The nearest school lies in the Reading School District and was closed by that district. There are five to six off-street parking spaces which is compliant with the zoning ordinance. Applicant is not making any exterior or interior physical changes or alterations to property. There will also be no change to the lighting and no increase in noise levels on property. If appellant would abandon the property, it would be restored to single-family dwelling unit status.

Applicant testified that there would not be any increased traffic that would result from the establishment of a group home. Appellant will provide transportation for the residents, and the residents will have to earn the right to have a car at the property.

Property would continue to use the existing municipal water and sewer connections. There will notbe any increase [325]*325for a fire or other catastrophe on property. Applicant would agree to any conditions, including additional supervision, which the board would order as necessary or appropriate for the grant of the conditional use.

The township’s engineer, Jamal Abodalo, testified that the spacing requirement for group homes in the ordinance may be unenforceable. It violates both the Fair Housing Amendments Act of 1988 and' the Equal Protection Clause of the United States Constitution because it discriminates against people with disabilities (Transcript 110). Moreover, he testified that “a group home is a way society can actually recover some people and bring them back into the society itself’ (Transcript 109).

The president of the board of commissioners, Michael S. Malinowski, noted at the beginning of the hearing that “a lot of passion” was present in the audience (Transcript 4). Approximately twenty people spoke' against the establishment of the group home. They raised concerns about the location of a bar and a bus stop for elementary schoolchildren which were located within 1,000 feet of property. They expressed concerns about property values declining due to the establishment of a group home in the neighborhood. Some complained that there is no incentive to the township and community to allow a group home.

Many complained about the potential for an increase in crime. One resident worried that appellant may house thieves who would break into her home and rob her. She was also worried that the addicts would attack older and feeble persons. A retired reading police officer testified that addicts who are high are very strong and that as a police officer he had to “beat them so hard my arm hurt” (Transcript 87). There was also uncontroverted testimony that the neighborhood already had drug users who were [326]*326not receiving any treatment.

One citizen worried about accountability and that the group home would become a warehouse for addicts. Another resident was opposed to the group home due to her “young impressionable son” (Transcript 101). Another person did not want to see Muhlenberg Township become the bunt of joke as Wemersville did when a resident walked away from a treatment facility.

Following the hearing, appellee denied the application for a conditional use due to violations of the zoning ordinance and a finding that the party protestors presented credible evidence that if an addict relapsed, his behavior could endanger the public. After argument and a review of the record, this court entered the order which is the subject of the instant appeal.

ISSUES

Appellee’s concise statement of errors complained of on appeal raises the following issues.

1. Whether this court erred in entering judgment in favor of appellant and against appellee.

2. Whether this court erred in determining that appellant met its burden of proving to appellee that it had satisfied the specific requirements of Muhlenberg Township Zoning Ordinance § 154-57(D)(2).

3. Whether this court erred in determining that appellant met its burden of proving that it had satisfied the specific requirements of Muhlenberg Township Zoning Ordinance § 154-57(D)(8).

4. Whether this court erred in determining that appellee abused its discretion or made a clear error of law in finding [327]

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Bluebook (online)
39 Pa. D. & C.5th 321, 2014 Pa. Dist. & Cnty. Dec. LEXIS 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/recovery-coaching-services-inc-v-board-of-commissioners-of-township-of-pactcomplberks-2014.