The Mercury (Pottstown, PA)

2 group homes seek approval

Sites are on King St. and in Rosedale

- By Evan Brandt ebrandt@21st-centurymed­ia.com @PottstownN­ews on Twitter

POTTSTOWN >> Two group homes have applied for permission to open their doors in the borough.

Both must obtain permission from the borough’s zoning hearing board.

One applicatio­n, to house 10 residents recovering from drug and alcohol addiction at a home at 441 King St., has a public hearing before the zoning board on Oct. 23 at 7 p.m. in borough hall.

R. Kurtz Holloway, the zoning board solicitor, explained that the applicant, JEM Home Solutions LLC in Harleysvil­le, is seeking permission to house four

more residents in the single family home than the six the zoning code allows. A variance to allow less than the eight off-street parking spaces required by ordinance is also being sought.

Should that relief be granted, the applicants must also obtain a “special exception” from the zoning board for the group home to be allowed.

Ironically, the property is the former home of housing activist Katy Jackson and her husband David.

David Jackson served on the Mosaic Community Land Trust board and Katy Jackson published an anti-blight blog called “The Golden Cockroach,” which often assailed landlords for not maintainin­g properties or adequately screening tenants. That blog is no longer open to the public.

According to Montgomery County property records, the Jacksons sold the home, which they had renovated, to JEM Home Solutions of Harleysvil­le on June 6 for $107,500.

The other group home applicatio­n began with a hearing on Sept. 18, was continued to Tuesday night, and is still not complete.

The applicant, Wisnada Dorestan, has applied for permission to establish a group home for five developmen­tally delayed residents at 444 N. Mount Vernon St, but was denied by the borough’s zoning officer.

The property is in the “neighborho­od residentia­l” zoning district which “makes no provisions for group homes,” according to Holloway.

According to the Aug. 30 the legal notice published in The Mercury announcing the hearings, Dorestan “asserts that the ordinance is in violation of the federal Fair Housing Amendment Act of 1988, by not allowing group homes for disabled adult individual­s.”

According to Montgomery County property records, Dorestan purchased the property on March 23 from WGL Developmen­ts LLC at the cost of $1. The LLC purchased the property on Oct. 25, 2017 from Maack Family Partnershi­ps for $160,000.

The Mount Vernon Street property’s back yard is adjacent to the Wyndcroft School and Holloway said attorney Gerald Mullaney is representi­ng the school and has participat­ed in the first two hearings, opposing the applicatio­n.

Attorney Richard Linderman is representi­ng a group of residents in the Rosedale section of the borough where the property is located and who are also opposing the applicatio­n.

Attorney Ken Picardi is representi­ng Dorestan.

Holloway said Wednesday that Tuesday’s hearing, held at the same time as the borough council meeting, went on for several hours and has been continued to Nov. 21 when final arguments and closing statements are scheduled to occur.

He said “there are complicate­d legal issues involved” in the case and it is unclear whether the zoning hearing board will make a decision at that meeting, or take more time to consider arguments. The law gives the zoning board 45 days to issue a decision after the hearing is closed.

It is not immediatel­y clear if either property owner is a non-profit organizati­on that would be exempt from property taxes.

Borough Council elected to neither oppose nor support either group home applicatio­n.

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