may i proceed with my explanation while the exhibits load yeah please yes okay i believe
that the the refusal is an error in this case what we're seeking is a variance we're an rsa2
a group living home and we have a variance to provide residential housing
for up to 27 women recovering from drug and alcohol addiction what we are
seeking in a variance is to provide expanded treatment within the home the
difficulty and the problem I believe that exists in this case is the
designation required by the regulations that govern Pennsylvania adult and teen
challenge require a request for a group, a practitioner, and or outpatient treatment.
The refusal at the RCO level was based upon the fact, or the understanding, I should say,
that this was going to increase foot traffic, bring additional folks into the residence,
and or create a problem with parking.
We are not seeking to expand the services outside of the current residents that live there.
We are simply looking to utilize our staff to provide additional treatment for the completion
of their rehabilitation as they move through their recovery from drug and alcohol addiction.
So I believe that the denial or the refusal was based upon a misunderstanding or misnomer between the definition or title given under the regulations governing drug and alcohol rehabilitation and the codes that apply to the RCA2.
We are not intending to bring additional personnel in.
in. We are not looking to promote or advance outpatient treatment for additional foot traffic.
The facility, it may be a material, but the facility does have its own parking lot, but
The facility, it may be immaterial, but the facility does have its own parking lot.
our intent here in our variance that we seek is to simply expand appropriately and within
the requirements of the various codes, the treatment that the residents are already receiving.
And I can offer Mr. McFadden to expand on what that treatment might be.
Excuse me, this is Sharon Saleta. I'm a bit confused here. I'm trying to pull up your exhibit packet.
What did you apply for specifically to L&I, and what did they refuse you for?
We sought variants to provide a group practitioner for expanded treatment,
and they refused as proposed group practitioner is prohibited in this zoning district.
So why do you believe that refusal is an error?
Because I think that the understanding under the zoning variance of what a group practitioner
is and what we actually intend for the usage are significantly different.
Did you discuss this with L&I after the refusal was issued?
We tried, and we requested a continuance of our hearing before this board in October for that purpose.
When we had the RCO meeting, because of the chaotic nature I described, although they took a vote,
they told us that we could request an updated hearing where the hope would be that we could present our argument
in a more direct summary version.
After you granted the zoning board continuance,
we had several emails and a letter,
which is part of my exhibits, to Ms. McKelvey,
and we were never granted an updated RCO.
Wait, we're confusing two things.
Who is Ms. McKelvey?
I believe Ms. McKelvey is the individual
Yeah, she was on a few minutes ago, Sharon
Yes, I just think we're confusing two things
L&I and the refusal they issued with the RCO
Which has nothing to do with how the refusal is worded
Or how the use is categorized
You aren't saying that L&I erred in categorizing this
as a group practice are you i think that this has been mischaracterized or misunderstood
throughout the entirety of the process every document of refusal that we have received
simply identifies that the group practitioner is not permitted in the uh in our current zoning
group the rsa2 okay but what i'm trying to impress upon this board is that we are not looking to
develop bring in or expand an outside outpatient group therapy program which is what i believe
the understanding is we are simply looking to expand the services that we already provide
to the existing residents under the variances that you've already granted
so none of the physical characteristics of the of the of the property will be changing
it's just what goes on inside correct um but again i'm not seeing the zoning hearing is
the zoning history is also listed on the notice of refusal are you saying that at some point in
the past the board or lni issued you a permit for a group practitioner use that you are now expanding
no no no
i'm sorry if i misrepresented that no lni has not nor has this board the only involvement we've had
with this board under this uh appeal and request for variance was the continuance in october of
this past year. Okay. Is there an existing use at this property? Yes. What is it? There are 23,
currently there are 23 female residents residing and participating in inpatient
rehabilitation from drug and alcohol addiction. Okay. I can tell you that the last zoning board
Okay, I can tell you that the last zoning board approval for this property was in 1997
approval for this property was in
when the board granted for a charitable institution 12 rooming units with community kitchen for
a maximum of 27 people.
Correct.
Okay, so you are now seeking approval to have a group practice with treatment.
So it would seem that the refusal is correct.
it says application for a group practitioner at first floor at the rear of the building
on the same lot with all other uses as previously approved
well the refusal as i've understood it has been because of the concerns that we do not meet the
criteria would cause additional foot traffic additional issues with parking it's because
it does not meet the code requirements a group practitioner is not allowed in this district
therefore you need an approval for this additional use in to have this use in addition to the rooming
units that were previously approved but we're not by virtue of the variance we are not requesting
that an additional group practitioner enter the building we are simply looking to it there is no
group practitioner in the building the department issued a refusal you are now seeking a refusal
a variance from the board the board grants a variance not l and i for a group practitioner
use is that correct yes thank you and um sharon so there's 12 people there legally they can have
up to 27 there but it's for a rooming house approval they're now seeking to add on the first
floor a group group practice um group practitioner practice for drug and alcohol treatment so it's
in addition to changing you know the changing the what the service that would be in uh on in
the interior of the building right the the remaining floors there will still be residential
units but they are adding a group practitioner to that use
so the number of women is 27 that doesn't change no this is i mean this would be considered an
independent use in addition to the approved rooming units they are now introducing a group practice
for um for outpatient drug and alcohol treatment so i don't think it would even necessarily it's
outpatient drug and alcohol treatment maybe mr divine can explain that it is not merely for the
residents if that's the case. It is primarily for the residents. We are not promoting or soliciting
outpatient services. We simply want to provide additional services to the 23 women that are
already living there. Aren't they living there illegally or am I missing something? They are not
living there illegally since 1997 it has been approved for rooming units for a maximum of 27
people oh i thought it was 12. it's 12 units for a maximum of 27 occupants okay
excuse me counselor could we see some floor plans
i have photographs i do not have a floor plan again
And we have a meeting room available on the first floor, but the purpose of our variance is not to expand or change any element of the building.
It's simply the services provided to the residents.
There's no structural interior changes to the building.
What is, correct me if I'm wrong, what exists is what will continue to exist.
It's just that service that you want to provide for the residents that are already in the building.
Correct.
Will that service require any additional space within the building?
No, sir.
No office?
There's a meeting room if necessary, but we are not changing any office space or introducing any additional outside personnel.
Will that meeting room be a room of assembly?
Um, I don't believe so.
Thank you.
Let's hear from the RCO.
I think there was a woman on.
Yes, my name is Rosalyn.
Rosalyn.
Hi, my name is Rosalyn McKelvey, and we're the Wakefield 49ers, the RCO that covers this
that covers this area and um we have our city council rep and neighbor on the line too but
area and
we have our
i'd like to say one correction of misrepresentation that they've done is they ask at one time for
one thing and when he says chaotic he seems to have difficulty bringing up their information
when we meet too. But he's talking about using a rear garage for this practitioner. And the
neighbor's question is, on this block, there's already a drug treatment, rooming houses for
mental, rooming houses for drugs. And the elderly neighbors that live on this block, and they're
also asking for an apartment. We're talking one block with all this inundation. And when asked
about what he was going to put there he says he needs a practitioner and the neighbors say well
if it opens up for him to have practitioners coming in what's going to happen with these
other two institutions on the block that have people walking around sitting outside
they might need it we can only speak to this property man yes sir so we understand i know
where you're going but you have to speak to this property i will speak to this property i apologize
no problem thank you then the neighbors have conversation and miss sylvia connors they have
conversations with him and they're ready to present where he says different than increasing
the number of people and the services so when we met the neighbors said no and they opposed it to
three RCOs there said no we oppose and suggested that he have more clarification. They then bypassed
me and went to Faith LLC and tried to have a meeting with the other RCO and I had the email
sent to the councilwoman's office where she said I was at the same meeting you were at sir
so what more do you want to tell me that could help me clarify and get a solution
because the neighbors have already said no then they sent me an email and came back and said they
wanted to meet with us more i gave him notification of a neighborhood community meeting in october
november and december where they did not show up or contact me for any information to give to the
neighbor at the zoom neighborhood meetings and they were taking i've taken it to the door handed
it to their staff so if he wanted to meet with us they have not yes Mr. Devine the lady mentioned
something about a garage being converted I am unaware as to any plan or request that involves
a garage as I indicated earlier there is a room on the first floor in an attempt to provide
greater clarification and explanation of the fact that we had available space to provide
these expanded services to the residents that already live there. We provided pictures and
an explanation. What are the current services? And you may have said this, I may have missed
it. What are the current services? Current services are full residency services along
along with inpatient drug and alcohol services.
And the service that you're looking to add on,
how different is that from what you're already providing?
Excuse me, Sarah, the issue is that
if they are providing drug and alcohol services,
those have not been approved.
Right.
So it isn't simply that they are expanding
a previously approved use.
They're adding a group practitioner to a previously approved residential facility.
Is this a methadone clinic or a suboxone clinic?
May I have Mr. McFadden join and he can explain exactly what the mission and services are?
Please have him come on.
Chris, can you join the meeting?
Is this a Gregory McFarland?
We're looking for Chris McFadden.
Chris McFadden, okay.
May I also say I do take objection to him calling the meeting chaotic.
When they cannot present their information and get a technical glitch and the neighbors have a question, that's not called chaotic.
It's called they could not present.
We're trying to get to that.
We're trying to get the facts out now.
Thank you.
i'm sorry i do not see mr uh he says his hand is raised i texted him and is raised
I'm sorry.
I do not see Mr.
He says
chris mcfadden you said correct yes i agree and this is pauline from it i also do not
see a mr mcfadden there's a mr mcfarland
while we're doing that let me ask is i think someone mentioned there may be
someone from the councilwoman's office and sylvia connor the neighborhood i know ma'am i'm asking so
would you please whoever's representing the councilwoman would you please raise your hand
will recognize you i believe that's mr charles richardson i will allow him to speak right now
yeah mr richardson good morning mr chair hi please identify yourself we'll proceed
carl's richardson from the office of councilwoman cindy bass room 312 city hall
now the question to ask uh let me just swear you in you swear and affirm to tell the truth
the whole truth nothing but the truth i do please proceed mr devine is there treatment
going on in the facility already you had mentioned that you wanted to expand the services that are
being provided or that your client is trying to uh extend the services what and since we
can't get him on and you're kind of a little blurry with regard to your your uh definition
as to what what services are being provided it sounds like you're trying to legalize what's
going on there right now is that kind of correct that is not my understanding mr mcfadden is on
under Greg McFarland, if we could recognize him, he can explain.
Okay, let's go to him and then hang in there, Mr. Richardson.
I shall.
You can ask your question of him.
I mean, ask us and we'll ask the question of Mr. McFarland.
Can you hear me?
Yes, please identify yourself with records by your last name.