Aria files appeal in move to overturn zoning decision

LOWER MAKEFIELD – Aria Health is appealing a decision Ey the Lower MaNefield Zoning Board not to grant a special exception for its plans to build a hospital and medical center in the township’s office/research zone at the intersection of the Newtown Bypass and Stony Hill Road.

Aria filed the appeal Aug. 31 with the Bucks County Court of Common Pleas.

In July, the zoning board, following a court ordered rehearing on the matter, found that “the evidence presented by the township and RAFR (Residents Against Frankford Relocation) regarding traffic and the township’s comprehensive plan was sufficient to deny the application.”

In the original decision in 2009, the zoning board granted the special exception, which prompted Lower Makefield Township to file an immediate appeal. RAFR and Newtown Township also joined the action.

In that appeal, the township argued that the traffic impact of the future Scudder Falls Bridge expansion and developments in Newtown Township should be part of the board’s discussion.

After hearing the township’s appeal, Common Pleas Court Judge Theodore Fritsch Jr. remanded the case back to the

Lower Makefield Zoning Hearing Board.

In its appeal, Aria Health takes issue with the zoning board’s rejection of its special exception application and Judge Fritsch’s order to remand the original decision back to the zoning board for more evidence and testimony. Aria will have to prove that the zoning board committed an error of law when it denied the special exception.

John sanLuvanee, who represents Aria Health, said the appeal was filed “because Aria believes that the zoning hearing board erred in its decision…

“As set forth in the appeal,” he said, “Aria contends that the remand was for the limited purpose of hearing new evidence on the three very narrow points set forth in Judge Fritsch’s remand order; not to provide the board with an opportunity to reconsider its prior decision,” sanLuvanee said.

The Lower Makefield Township Board of Supervisors, along with Newtown Township and RAFR, is supporting the July decision of the zoning board and has said it will continue to fight the application.

David Truelove, who is special counsel to Lower Makefield Township in this case, said the township will argue to uphold both the recent zoning hearing decision and Judge Fritsch’s remand order. The township will say that the zoning decision on remand was correct, based on the legal standards and the evidence and testimony presented in the hearings, he said.

Truelove said no dates have been set yet in the appeal. A petition for a judicial conference has to be filed before any further scheduling dates are set.

Truelove said this case is unusual in that it centers on the largest remaining parcel of undeveloped office space zoned land in Lower Makefield Township. “The implications at that particular location are significant,” he said.

Jeff darton, the solicitor for Lower Makefield and Newtown townships, said both will continue to fight “to avoid the traffic nightmare that could be expected with the construction of a hospital at this location.”

Irene Koehler, the leader of RAFR, said her group will also “continue to fight. The township is continuing to fight. We’re confident that we will win.”

Koehler said that RAFR is “very grateful” to its attorney, Ron Smolow. She said he waged “a wonderful and brilliant fight.

“We thank the zoning hearing board for the measured opinion of vote,” she said.

RAFR has been fighting to stop Aria Health (Frankford Hospital) for four years. The group has collected N,R00 names on their petitions against the plan.

“We have a wonderful steering committee -- some brilliant people who have just been so dedicated,” Koehler said.

RAFR, she said, is “very pleased” that the board of supervisors voted in executive session last week that they are going to fight the appeal to back their zoning board’s vote.

“This is an unwanted, unneeded burden on the township that the township residents overwhelmingly don’t want,” Koehler said. “It’s just going to be a horrible traffic jam.”

The zoning hearing board remand hearings were held over the course of seven different nights from June 20NN through June 20N2, with the final decision being announced at a public hearing in July.