BOROUGH OF WEST EASTON

NORTHAMPTON COUNTY, PENNSYLVANIA

IN RE: WEST EASTON TWO, LP

THIRD CONDITIONAL USE APPLICATION

COUNCIL OF THE BOROUGH OF WEST EASTON

REPORT OF DECISION OF BOROUGH COUNCIL

A. FINDINGS OF FACT

1. On September 23, 2013, Borough Council of the Borough of West Easton

(hereinafter “Borough Council”) adopted Ordinance No. 966 amending the
uses permitted by conditional use within the Light Industrial Zoning District
in the Borough of West Easton Zoning Ordinance.

2. Ordinance No. 966 was drafted by representatives of the current applicant

and the final version was negotiated between representatives of the current
applicant as well as the Borough Council that was in existence in 2013.1

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Ordinance No. 966, states, in its entirety, as follows:

“BOROUGH OF WEST EASTON

NORTHAMPTON COUNTY, PENNSYLVANIA

ORDINANCE NO. 966

AN ORDINANCE AMENDING THE USES PERMITTED BY CONDITIONAL USE WITHIN THE LI – LIGHT INDUSTRIAL
ZONING DISTRICT IN THE BOROUGH OF WEST EASTON ZONING ORDINANCE.

WHEREAS, the Borough of West Easton has adopted a Zoning Ordinance pursuant to the authority of the Pennsylvania
Municipalities Planning Code, 53 P.S. §1001 et seq., West Easton Ordinance No. 480 as amended, and

WHEREAS, one of those Zoning Districts created by the aforementioned Zoning Ordinance is the Light Industrial (LI)
Zoning District; and

WHEREAS, the Borough has been requested to amend its Zoning Ordinance to permit certain additional conditional uses
in the LI Light Industrial Zoning District, to wit, personal care and assisted living facilities, residential treatment centers, residential
DUI treatment facilities.

NOW THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:

SECTION 1: The following Amendments are hereby made to the West Easton Zoning Ordinance:

In Section 202, the following new Definitions are added:

“Residential Treatment Center” – A facility whose primary function is to temporarily house individuals for the purpose of
receiving medical, psychological, or social treatment and/or counseling.

The following revisions are made to the following sections of the current LI – LIGHT INDUSTRIAL DISTRICT
regulations:
 Add the following to Section 701 regarding the Purposes of the LI – LIGHT INDUSTRIAL DISTRICT:

A. Purpose.

5. To provide for adaptive reuse of structures formerly used for light industrial purposes to include Assisted Living
Facilities, Residential Treatment Centers, Residential DUI Treatment Centers, and multi-family dwellings
(apartments) to provide housing for older persons and other persons needing assistance, the infirmed, affordable
unsubsidized housing, and to provide facilities to decrease recidivism.

B. Use Regulations

4. Conditional Uses.

a. Residential Treatment Center, which shall meet the following requirements:

(1) The facility meets the definition of “residential treatment center” found in Section 202,
and must be approved for such use by the Commonwealth of Pennsylvania.

(2) The requirements on density for dwelling units shall not apply.

(3) The minimum parking requirement shall be one off-street parking space per 12 residents,
which shall apply in place of Section 1706.B. No parking on the premises or on the adjacent
public streets shall be permitted for residents of the Residential Treatment Center.

(4) The applicant shall submit a satisfactory site plan showing the general location of all
existing and proposed structures and shall show entire premises is to be utilized as part of the
treatment program.

(5) The applicant shall submit a plan of operations for treatment, including a safety plan
which addresses the safety of the clients, the employee staff, the surrounding neighborhood,
and the community as a whole.

(6) The Residential Treatment Health Center shall not distribute methadone to residents as a
modality for treatment or clients on an outpatient basis.

(7) The Residential Treatment Center shall maintain twenty-four (24) hour security seven (7)
days per week and three-hundred sixty-five (365) days per year.

(8) The Residential Treatment Center shall maintain a perimeter boundary fence at a
minimum of six (6) feet high, subject to the approval of Borough Council.

(9) Any residents entering or leaving the Residential Treatment Center must be picked up
and dropped off by a third party through a secured process to prevent entry to and discharge
into the public.

(10) Entry to the Residential Treatment Center shall occur between the hours of 7:00 a.m. and
7:00 p.m. Monday through Friday and 9:00 a.m. to 4:00 p.m. Saturday and Sunday.

(11) A Residential Treatment Center may include outpatient counseling services to former
residents and their families for ongoing counseling and therapy services, provided that there is
no application of methadone for said outpatient counseling.

(12) A Residential Treatment Center may include doctor’s offices as an accessory use to the
Center, provided that the doctor(s) is/are licensed to practice within the Commonwealth of
Pennsylvania.

(13) Any private resident residing in the Residential Treatment Center shall be required to pay
a temporary residence fee to the Borough of $150.00.

(14) Prior to occupancy and use as a residential treatment center, a certificate of

occupancy/zoning compliance permit shall be obtained by the operators.

SECTION 2. The provisions of this Ordinance are severable. If any section, clause, sentence, part or provision of this
Ordinance shall be determined to be illegal or invalid by any court of competent jurisdiction, such decision shall not impair or affect the
remaining terms, sections and clauses of this Ordinance.

SECTION 3. REPEALER. All Ordinances or parts of Ordinances which are inconsistent herewith are hereby repealed.

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3. For clarity purposes, Ordinance No. 966 was not drafted by West Easton
Two, LP. Rather, at least one representative who appeared before Borough
Council on behalf of West Easton Two, LP, was also intimately involved in
the drafting and negotiation of Ordinance No. 966.

4. West Easton Two, LP (hereinafter “Applicant”) has already filed two

separate, prior, conditional use applications. The entire hearings for both
applications, including all of the documentation, including the transcript and
the decision of Borough Council in both matters are incorporated in this
current matter.

5. Ultimately, applicant withdrew the first appeal. The second appeal was
brought before the Court and was addressed pursuant to an opinion of the
court dated April 12, 2019 and filed on April 12, 2019.

6. The instant application was filed on May 17, 2019.

7. As described by the Applicant, the property is 92 Main Street, West Easton,

Pennsylvania. Existing on the property is a large industrial/manufacturing
building which is divided in three sections (A, B, C).

8. The property is in the Light Industrial Zoning District in the Borough of

West Easton Zoning Ordinance.

9. The Borough Zoning Ordinance permits Residential Treatment Centers as a

Conditional Use.

10. The hearing in this matter was held on Monday, July 22, 2019, at 6:30 p.m.
at the West Easton Borough Hall, Council Chambers, 237 7th Street, West
Easton, Pennsylvania. The meeting was duly advertised.

11. Various representatives on behalf of the Applicant testified. In addition,

various exhibits were introduced as evidence.

SECTION 4. This Ordinance shall become effective five (5) days after passage.”

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12. Representatives on behalf of the Applicant testified including the following:
Abraham Atiyeh and Dominic J. Marfisi (collectively “Applicant’s
witnesses”).

13. At prior hearings, there were other witnesses who testified on behalf of
Applicant.

14. The representatives from the Applicant testified with regard to the project.
Consistent with the application, they testified that the property consists of
one large building divided into three distinct sections. Building A is
operated by Northampton County as a DUI Center. Buildings B and C are
vacant. Applicant desires to occupy the existing Building B and operate a
176 bed Treatment Center. Building B is adjacent to the current DUI Center.
There will be both interior improvements to the property to accommodate
the use and exterior aesthetic improvements. There are no additional plans
at this time.

15. Attorney James Preston appeared as the attorney on behalf of West Easton
Two, LP. Attorney Preston had a series of questions for the representatives
of the Applicant. In addition, the general public was given the opportunity
to participate in the hearing. There were various members of the public that
had questions/testimony. Members of Borough Council as well as the
Solicitor for Borough Council had the opportunity to ask questions.
Borough Council took steps to ensure that every interested individual/party
had an opportunity to be heard.

16. Applicant, at the hearing on July 22, 2019, introduced one new exhibit,
identified as Exhibit A-1 which was a diagram of the area. This exhibit was
utilized to show the fenced in area.

17. However, as the prior hearings were incorporated, the exhibits from the first
hearing included the following:

A-1 West Easton Treatment Center Plan

A-2 Existing Features Plan
A-3 Existing Features Exterior Fire & Emergency Evacuation Plan
A-4 West Easton Treatment Center Building B, First Floor Plan
Room & Bed Count, Counseling & Group Therapy Room Count
A-5 West Easton Treatment Center Building B, First Floor Plan
14 Rooms x 4 Occ. = 56 Occupants

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 Room & Bed Count
A-6 West Easton Treatment Center, Building B
Second Floor Plan
21 Rooms x 4 Occ. = 84 occupants
A-7 West Easton Treatment Center, Building B
Third Floor Plan
21 Rooms x 4 Occ. = 84 occupants
A-8 Resume for Dominic J. Marfisi
A-9 Fire/Emergency/Full Evacuation Response, 23 pages
A-10 Treatment Centers of the Lehigh Valley Operations Manual
Index
18. The exhibits from the second hearing included the following:

C-1 Existing Features, Exterior Fire & Emergency Evacuation Plan

C-2 West Easton Treatment Center II, Building B
C-3 Fire/Emergency/Full Evacuation Response

19. At the conditional use hearing, the focus of the testimony was on the
following issues and, specifically, whether the Applicant met the
requirements of the Ordinance:

a. Fencing;

b. Bonded security; and

c. Whether the Applicant met the requirement for secured egress.

20. In addition, the Application is part of the record. 2

21. Taking together the testimony and the written documentation submitted, the
Applicant provided substantial credible evidence that, subject to the
conditions as set forth below, imposed by Borough Council, the Applicant
has met or has agreed to meet some, but not all of the standards of Ordinance
966. Specifically, the applicant met the following standards of Ordinance
966 subject to the conditions and/or agreements set forth below:

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Borough Council incorporates the prior decisions of Borough Council as if set forth at length. The prior Decisions
and the Court’s Order and Opinion dated April 12, 2019 are attached to this Decision collectively as an exhibit.

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a. The facility meets the definition of “residential treatment center”
found in Section 202, and must be approved for such use by the
Commonwealth of Pennsylvania. In addition, the use shall be
limited to the residential treatment center definition found in Section
202. Prior to any use, all applicable licenses shall be provided to the
Borough.

b. The requirements on density for dwelling units did not apply.

c. The minimum parking requirement shall be one off-street parking

space per 12 residents, which shall apply in place of Section 1706.B.
Applicant testified that there was sufficient parking on site and
agreed that no parking shall be off site. Accordingly, as a condition,
all parking shall be on the premises and on the site. No parking shall
be permitted for anyone related to the use off the premises or on the
adjacent public streets. In other words, there shall be no parking,
whatsoever, on any public thoroughfare or road. Parking shall be
defined as broadly as possible and shall include any and all parking
for employees, independent contractors, patients, residents, visitors,
delivery personnel and/or any and all other persons having any
business to do with the applicant and the use.

d. To the satisfaction of Borough Council, the Applicant shall submit

a satisfactory site plan showing that the entire premises is to be
utilized as part of the treatment program.

e. To the satisfaction of Borough Council, the Applicant shall submit

a plan of operations for treatment, including a safety plan which
addresses the safety of the clients, the employee staff, the
surrounding neighborhood and the community as a whole.

f. The Residential Treatment Health Center shall not distribute

methadone to residents as a modality for treatment or client on an
outpatient basis. No methadone shall be utilized in any capacity
whatsoever.

g. As set forth in the Ordinance, a Residential Treatment Center may

include outpatient counseling services to former residents and their
families for ongoing counseling and therapy services, provided that
there is no application of methadone for said outpatient counseling.

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 However, the applicant has agreed that there shall be no outpatient
counseling services provided. Accordingly, as a condition, there
shall be no outpatient counseling services provided.

h. As set forth in the Ordinance, a Residential Treatment Center may

include doctors’ offices as an accessory use to the Center, provided
that the doctor(s) is/are licensed to practice within the
Commonwealth of Pennsylvania. However, the applicant has
agreed that the doctor(s) shall not provide services to individuals
that are not part of the Residential Treatment Center. Accordingly,
as a condition, no doctor shall provide any service to individuals
other than to the residents of the Residential Treatment Center.

i. Any private resident residing in the Residential Treatment Center

shall be required to pay a temporary residency fee to the Borough of
$150.00. This payment shall be made within 30 days of the entry of
an individual entering the Residential Treatment Center. It is a flat
fee for every stay, no matter the length of the stay. However, this
fee shall be due and owing every time a new stay is initiated. By
way of example, if there is an individual who resides at the Center
for a period of 30 days in January of 2018 and then comes back to
the Center in March of 2018 for a separate stay, then two separate
fees would have to be paid. There shall be no cap on the amount of
the fees.

j. Prior to occupancy and use as a Residential Treatment Center, a

certificate of occupancy/zoning compliance permit shall be obtained
by the operators.

k. There shall be no psychiatric services provided pursuant to the use.

l. As a condition of the conditional use, every time there is an incident,

it shall be reported to the Borough advising the Borough of the
nature of the incident, with the understanding that any and all
confidential information will be redacted.

22. In addition, Borough Council imposes the following conditions:

a. Applicant must meet all other applicable laws.

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b. Applicant must provide proper emergency access to the building to
the satisfaction of the appropriate representative of the Borough of
West Easton. The Applicant will be required to obtain any and all
necessary permits to do so including any and all permits from the
Pennsylvania Department of Transportation. The type of emergency
access shall be to the satisfaction of the appropriate representative
of the Borough of West Easton.

c. The conditional use shall be specifically limited to a Residential

Treatment Center. The property cannot be used for any other
purpose.

d. Applicant shall provide the appropriate Department of

Environmental Protection (DEP) Sewage Planning module to the
satisfaction of the Borough Engineer; and

e. Applicant shall provide a survey and/or any other documentation

requested by the Borough Engineer to determine the size of the
entire property. While Applicant is provided the conditional use,
subject to the conditions set forth, the number of residents is
controlled by the size of the parcel. Accordingly, the Borough
Engineer’s determination and decision with regard to the size of the
tract shall be controlling and shall determine the number of residents
that Applicant may have on the tract.

f. Applicant shall meet all licensing and/or approval as required by the

Department of State – Bureau of Professional and Occupational
Affairs, Department of Health, Department of Human Services,
Department of Drug and Alcohol Programs, Department of Aging
and/or Department of Insurance.

g. Applicant shall meet all requirements of reporting to the Department

of State – Bureau of Professional and Occupational Affairs,
Department of Health, Department of Human Services, Department
of Drug and Alcohol Programs, Department of Aging and/or
Department of Insurance.

h. Applicant shall meet all license or licensure like requirements and/or

approvals required under federal law.

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i. Applicant shall meet all staffing qualification requirements under
Pennsylvania law.

j. Applicant shall meet all physical plant standards under Pennsylvania

law.

k. Applicant shall meet all standards for licensure of free-standing

treatment facilities under Pennsylvania law.

l. Applicant shall meet all standards for drug and alcohol services
under Pennsylvania law.

m. Applicant shall meet all standards for certification of treatment

activities which are part of a health care facility under Pennsylvania
law.

n. Applicant shall require that all doctors and therapists be certified in

their specialty.

o. Applicant shall require an organized medical and nursing staff.

p. Applicant shall require 24-hour registered nurse coverage.

q. Applicant shall prohibit the facility to be used for housing of any

persons other than persons who have voluntarily committed to
treatment.

r. Applicant shall prohibit the facility to be used for housing of persons

requiring criminal rehabilitation, such as a halfway house.

s. Applicant shall prohibit the possession of alcohol or drugs on the

premises.

t. Applicant shall require the installation of surveillance cameras

outside the facility.

u. Applicant shall prohibit overnight visitors. Visitors to the

patients/residents shall be limited to weekends and shall be for a
total of 2 hours per person per weekend.

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 v. Applicant shall require that all residents must be over 18. However,
no resident shall be in school.

w. Applicant shall prohibit firearms.

x. Applicant shall prohibit any weapons.

y. Applicant shall require that any resident found under the influence
from a non-prescribed substance must be immediately required to
leave with escort.

z. Applicant shall require that all employees submit to a criminal

history and abuse background check.

23. However, as a condition, the Applicant must provide a proposal to Borough

Council prior to erecting a fence and the type and style of fence must be
approved by Borough Council prior to the fence being erected.

24. At prior hearings, the witnesses of the Applicant confirmed that entry would
only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through
Friday and from 9:00 a.m. to 4:00 p.m. Saturday and Sunday. There shall
be no other times when individuals can enter the Residential Treatment
Center.

25. Applicant, at the third conditional use hearing, did meet the criteria relating
to security. Applicant testified that there would be licensed security on the
premises. As a condition of approval, there would have to be two
individuals on the premises at all times whose sole obligation would be
security. Accordingly, the Borough of West Easton mandates that not only
there be a bonded licensed security company, but at least two (2) security
individuals be on the premises, at all times and these individuals’
responsibilities are limited to security only.

26. The only area where the applicant did not meet the necessary requirements
was with regard to ingress and egress. They are addressed as follows:

a. The Applicant provided testimony that entry into the premises

would be locked and there would be a more secure process in
entering the facility. However, as set forth below, there was not
sufficient security for individuals leaving the premises.

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26. Section 9 of Ordinance No. 966, states as follows: “Any residents entering
or leaving the Residential Treatment Center must be picked up and dropped
off by a third party through a secured process to prevent entry to and
discharge into the public.” However, the testimony at the hearing showed
that the Applicant clearly did not meet the standard set forth in the
Ordinance.

The new process, as outlined in this application, was that for a resident to
enter the Residential Treatment Center, they would be driven onto the
property through a gate that would have to be opened for them, and then to
enter the actual building, there would be a secured process. The requirement
under the ordinance with regard to entry into the building is satisfied.
However, the requirement for residents leaving the Residential Treatment
Center has not been met.

The process in which a resident would leave the Residential Treatment

Center is wholly and completely in violation of the Ordinance. There is no
secured process. Specifically, if a resident wanted to leave, other than trying
to verbally persuade the resident, the resident would not be secured. A
resident could simply walk out of the Residential Treatment Center building.
The door would not be locked or secured in any way. The staff would not
secure the resident. The staff would not prevent the resident from leaving.
Once the resident walked outside of the building, there was no perimeter
fence that would secure the resident and prevent entry to and discharge into
the public. To leave the premises, there would be no secured process to
prevent entry to and discharge into the public. From a practical standpoint,
a resident could simply walk out of the Residential Treatment Center and
into the public. There was absolutely no secured process. Further, there is
no requirement where a resident will be picked up by a third party.
Accordingly, the Applicant has not met this requirement.

The Court, in dicta in its decision, suggested that this requirement could be
meet by a resident contractually indicating they would not leave the
premises. However, at the hearing, the testimony presented was insufficient
to meet the requirements of the Ordinance.

At the third hearing, Applicant’s witnesses testified that they would have a
signed agreement. However, upon cross-examination, Applicant’s
witnesses, specifically, Dominic Marfisi, acknowledged that there was

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 already documentation in every application where a resident would agree
not to leave or some sort of similar requirement. Accordingly, there was no
additional information presented by Applicant with regard to meeting the
requirement that residents leaving the Residential Treatment Center must be
picked up by a third party through a secured process to prevent entry to and
discharge into the public.

Applicant acknowledged that a resident could still simply walk out of the
premises. They would not be secured in any way. The door(s) to leave
would not be locked. Accordingly, Applicant again failed to meet the
requirement to show that a resident must be picked up by a third party
through a secured process to prevent entry to and discharge into the public.

Another one of Applicant’s witnesses, Abraham Atiyeh, seemed to argue

that although the door is not locked, somehow, an unlocked door qualified
as being “secured”. This flies in the face of common sense.

27. In conclusion, Applicant has provided no additional support in meeting the

requirement of the Ordinance.

28. It is anticipated the Applicant may argue that the regulations concerning a
residential treatment facility do not permit a locked exit. However, it is noted
that the Ordinance in question was drafted by representatives of the
Applicant.

B. CONCLUSIONS OF LAW

1. The hearing in this matter was properly advertised and the property was
properly posted. Required notices were given and all procedural
requirements were met. No one raised any procedural or substantive
objections as to any of the proceedings.

2. Rather than setting forth all of the requirements and conditions again,
Borough Council hereby incorporates its prior decisions, as a whole, as
set forth with regard to Applicant’s conditional use application. This
decision is attached hereto as Exhibit A.

3. Under the Borough of West Easton Zoning Ordinance, the use proposed
by the Applicant to occupy an existing building and operate a 176 bed

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 Residential Treatment Center meets some of the requirements of the
applicable Ordinance.

4. However, under the Borough of West Easton Zoning Ordinance, the use
proposed by the Applicant does not meet all of the requirements of the
applicable Ordinance.

5. The use proposed by the Applicant meets some of the conditions imposed
by Borough Council.

6. Under the Borough of West Easton Zoning Ordinance, the use proposed
by the Applicant does not meet all of the requirements imposed by
Borough Council.

7. The Applicant has not established that the proposed use satisfies all of the
criteria for the grant of a conditional use in the Borough of West Easton.

8. Under Pennsylvania law, where a zoning applicant brings itself within the
terms of a conditional use, its application must be granted unless the
evidence indicates that the use will result in substantial injury to the public
interest. Susquehanna Township Board of Commissioners v. Hardee’s
Food Systems, Inc., 59 Pa. Commw. 479, 430 A.2d 367 (1981). An
ordinance permitting a use as a conditional use is evidence that the
municipality has made a legislative decision that the particular use is not
adverse to the public interest per se. Bailey v. Upper Southampton
Township, 690 A.2d 1324 (1997). Once an applicant for a conditional use
has presented evidence to establish the specified standards in the
ordinance, the application must be granted, unless the protestors to such
an application have presented sufficient evidence that such a use would
pose a substantial threat to the community. Such evidence cannot consist
of mere bald assertions, personal opinions, or perceptions of the use and
its effect on the neighborhood. Visionquest National, Ltd. v. Board of
Supervisors of Honey Brook Township, 524 Pa. 107, 569 A.2d 915 (1990)
at 524 Pa. 112, 569 A.2d 917.

9. In essence, conditional uses are special exceptions granted or denied by

the municipal governing body, as opposed to the Zoning Hearing Board.
Since they serve the same general function, the law governing conditional
uses is virtually identical to the rules applied to special exceptions. See
Sheetz v. Phoenixville Borough Council, 804 A.2d 113 (Pa. Cmwlth.

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 2002), fn 5 at 115, reargument den., appeal den., 820 A.2d 706, 573 Pa.
669.

10.Accordingly, the first step is for the Applicant to bring itself within the
terms of the Ordinance.

11.As set forth, Applicant has failed to do so.

12.The second step would be for the Applicant to comply will all the
conditions imposed by the municipality.

13.As set forth, Applicant has failed to do so.

14.Based on the testimony presented at the hearing, and all other documents
and exhibits submitted as part of the conditional use application, as set
forth above, Borough Council finds that there is substantial evidence to
support the following findings:

a. As set forth above, the Applicant has complied with some of the
requirements of West Easton Borough Zoning Ordinance 966.

b. As set forth above, the Applicant has not complied with all of the
applicable requirements of West Easton Borough Zoning Ordinance
966.

c. As set forth above, the Applicant is able to comply with some of the
conditions imposed by the Borough of West Easton.

d. As set forth above, the Applicant is not able to comply with all of
the conditions imposed by the Borough of West Easton.

C. DECISION

Rather than setting forth all of the requirements and conditions again,
Borough Council hereby incorporates the decision, as a whole, as set forth with
regard to Applicant’s conditional use application.

West Easton Borough Council hereby denies the conditional use application
of Applicant, West Easton Two, LP, for operation of a 176 bed Residential
Treatment Center at 92 Main Street, Borough of West Easton, Northampton County,

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Pennsylvania as depicted on the site plan submitted with the application, due to the
following:

1. Applicant has failed to meet Section 9 of Ordinance 966 which states as

follows: “Any residents entering or leaving the Residential Treatment
Center must be picked up and dropped off by a third party through a
secured process to prevent entry to and discharge into the public.” With
regard to entry to the premises, applicant has not met this burden. With
regard to residents leaving the treatment facility, applicant has
completely failed to meet this section of the Ordinance.

2. Applicant shall comply with the section of Ordinance 966 which states as
follows: “Entry to the Residential Treatment Center shall occur between
the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and from
9:00 a.m. to 4:00 p.m. Saturday and Sunday.”

3. In addition, in accordance with this decision:

a. Applicant shall have 24 hour physician coverage on site.

b. Applicant would be required to hire a bonded security company.

4. Borough Council incorporates the entire decision as if set forth at length.

5. As set forth in detail in this Decision, Applicant has met some of the
requirements of the ordinance. In addition, Applicant has agreed to meet
a series of other requirements. However, as set forth throughout this
report and specifically set forth below, Applicant has failed to meet all of
the requirements of Ordinance No. 966 as well as the conditions set forth
by Borough Council.

Therefore, for all of the above reasons, the application filed on or about July
22, 2019, by West Easton Two, LP, is hereby denied.
ATTEST: BOROUGH OF WEST EASTON

___________________________ ______________________________
Joan L. Heebner, Secretary Paul G. James, Council President
X:\Transfer\clients (server08)\2016\West Easton Borough(Solicitor).05\West Easton Two LP - Third Conditional Use Application\Decision of Borough Council.docx

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