The Court of Common Pleas recently issued a decision regarding the multiple appeals filed for the property located at 29 Walden Drive.

The Court ruled that the proposed use, which involves housing two residents with developmental disabilities, qualifies as a Family and a Single-Family Detached Dwelling under the Wright Township Zoning Ordinance and Pennsylvania case law. The judge determined that because the residents function as a stable, non-transient housekeeping unit, they meet the legal definition of a family.

The Townships position was that the property would be operated as a business entity with employees present 24/7. However, the Court decided that support staff working in shifts are considered service providers, similar to a non-resident housekeeper, and do not count toward the numerical limit of unrelated individuals living in the home pursuant to Pennsylvania appellate case law holdings.

Regarding next steps, the Township will not be pursuing further appeals. The Township and the Zoning Hearing Board acted in good faith throughout this process, and the original denial was a diligent effort to interpret and defend the Townships’ ordinances. The Township is currently reviewing the existing zoning ordinance and potentially developing am amendment to address permitted residential uses and where they may be located, consistent with applicable law, including the Fair Housing Act and Americans with Disabilities Act.

Additionally, it is important to recognize that Community Options’ additional appeal regarding an alleged deemed approval accusing the Zoning Hearing Board of failing to timely file a decision was denied.  The Zoning Hearing Board and the Township filed all necessary documents and rendered all decisions within the appropriate time frames provided by law. The Court’s decision to reverse the Zoning Hearing Board’s decision was based upon a legal interpretation and analysis of the definitions of “Family” and “Single-Family Detached Dwelling” pursuant to the law.