After judge allows mental health program, Rochester plans to appeal

Nov. 19--ROCHESTER -- Despite attempt after attempt, property owners Domenic and Catherine Leone have been working for more than a year to receive the borough's blessing for a mental health housing plan.

Previously, the couple retrofitted the third floor of their downtown building on the corner of Brighton and New York avenues for a mental health organization, and three people with mental health issues have been living there.

According to the borough, a "licensed partial community residential rehabilitation service" could be run in other zoning areas, but a judge recently ruled the borough must allow the program at its current location.

Back in July 2013, the borough gave the Leones a cease-and-desist order given the changes, and the borough rejected options for the couple to operate the program at their building by way of a zoning hearing board decision in November 2013 and council vote in April 2014.

"It's just been a big mess, not counting all the costs I've incurred to take it to the level I've taken it to," Leone, who also had an attorney take the matter to court earlier this year, said Tuesday.

The borough has suggested that such a facility could occur in other zoning areas, but in a decision issued last month, Beaver County President Judge John McBride disagreed, stating there isn't "anywhere within Rochester Borough" that would allow the program with anything less than 24-hour-per-day supervision.

The judge ordered the borough to grant an exemption, allowing the mental health program to operate at 101 Brighton Ave. without any issues.

But the borough submitted a notice Nov. 13 to appeal the matter to Commonwealth Court. The borough's solicitor, Bernard Rabik, said he respectfully disagrees with the judge's decision.

McBride also stated there can "be no debate" over definitions of the borough's zoning ordinance, where group residences and personal-care boarding homes require 24-hour supervision of residents.

"There is no way to read these provisions to construe anything less than around-the-clock supervision," McBride's decision wrote.

Rabik also said there's evidence that parties involved in running the program would be willing to supervise the apartment units 24 hours a day.

Meanwhile, the program has been operating but at reduced capacity, which Leone said has been costing him $1,200 a month. That reduced program is permissible because three people or fewer live there, mental health consultant Marcelle Scott said during testimony.

The program is run by Beaver Falls-based Cornerstone Recovery and Supports, and Leone said his renovations could have eight residents there.

___

(c)2014 the Beaver County Times (Beaver, Pa.)

Visit the Beaver County Times (Beaver, Pa.) at www.timesonline.com

Distributed by Tribune Content Agency, LLC