SOUTH WHITEHALL TWP., Pa. — The debate over a proposed sober living facility near Cetronia Elementary School will continue next month, but the panel that considers it will look different.
The township zoning hearing board voted Thursday to appoint a hearing officer for the coming months because the five-member board will be unable to meet the required quorum.
- Three South Whitehall Township Zoning Hearing Board members cannot attend meetings in the coming months, meaning the board won't have a quorum
- Hearings about the controversial proposed sober living facility near Cetronia Elementary School cannot continue without a majority of members present
- To remedy this, the board appointed a hearing officer; the next hearing is Jan. 5
A hearing officer presides over hearings and sends reports to members who are not able to attend them, allowing the board to legally meet the quorum.
In the coming months, the board will continue deliberations about whether township zoning laws would allow a recovery house at 3599 Broadway. Meeting the quorum is necessary for the hearings to continue.
At Thursday’s meeting, Chairman Don Klein said he will be away during January and February. Vice Chairman David Eisenberg said he will have major surgery in mid-January and needs time to recover.
Secretary Kenneth Navitsky recused himself from considering the case because he lives near the proposed location, and he said he personally opposes construction.
That means only two of the four members not recused from the case will be present, and the board will not have a majority in attendance to participate in the hearing.
Board solicitor Thomas Dinkelacker said representatives of the proposed sober living facility were not willing to grant a time extension for the project.
South Whitehall Township Commissioners are accepting applications for vacant alternate seats on the zoning hearing board, but Dinkelacker said filling the vacancies could take months.
Dinkelacker explained that the board could continue to hold hearings without a quorum if members appointed a hearing officer.
The officer presides over hearings and sends reports about them to board members. The board then makes decisions about zoning interpretations based on those reports.
If the hearing officer attends, the board would legally meet the quorum even if only two of the five members attended, Dinkelacker said.
The board appointed member Lee Solt as the hearing officer because he is the most senior member after the three who will be absent. Dinkelacker said Klein will try to watch the livestreams of the hearings and will have access to transcripts as well.
A controversial proposal
Dozens of residents attended a contentious hearing earlier this month about the proposed project.
The applicant, Eric Moyer of Moyer Construction LLC, argued that the township zoning ordinances allow for the facility, while lawyers representing the township and the school argued they do not.
Before the hearing, there were exchanges on social media surrounding the proximity of the proposed facility to Cetronia Elementary School.
Residents said they opposed construction because of its location near the school. Others supported it, saying sober living facilities are needed in the area.
The privately-owned facility could hold up to 38 people in recovery from various substance abuse addictions.
The applicant is Eric Moyer, owner of Moyer Construction LLC and a partner in Rios Recovery LLC, which operates several sober living facilities in Allentown and Bethlehem.
The next hearing about the sober living facility is scheduled for Jan. 5.
Dinkelacker said the board will try to hold hearings every two weeks.
