`nutcracker' Enlivens The Holiday

Alex Wrobleski 
Dec. 17, 1994 
Alex A. Wrobleski, 73, Of North Gates Avenue, Kingston, Died Saturday In 
Nesbitt Memorial Hospital, Kingston.

By JEFF WALSH; Times Leader Staff Writer
 Wednesday, December 21, 1994 &nbsp;&nbsp;&nbsp;&nbsp;Page: 3A 





WILKES-BARRE -- Act 1 Inc. filed an appeal Friday against a Wilkes-Barre
Zoning Hearing Board decision that prevents the company from running a "group
residence" on Terrace Street for troubled youths. &nbsp;&nbsp;&nbsp; 
 The appeal was filed in county court after the three-member zoning board
unanimously voted Nov. 16 to affirm zoning officer Leon Schuster's decision to
classify the proposed facility as an institution. &nbsp;&nbsp;&nbsp; Schuster said Tuesday that Act 1's appeal is the same case that was brought
before the zoning board, and that the appeal will only determine if the board
acted correctly. &nbsp;&nbsp;&nbsp; 
 Messages left with Charles DePolo, executive director of Act 1, and Act 1's
attorney, Edmond Tiryak, were not returned Tuesday. &nbsp;&nbsp;&nbsp; 
 Local residents protested this summer against the youth facility in their
residential-zoned area. They claim additional noise and crime would accompany
the troubled teens. &nbsp;&nbsp;&nbsp; 
 The appeal says the board's interpretation of the zoning ordinance is
invalid and that there is no relationship between its interpretation and the
purpose of the zoning ordinance, which is to "preserve the residential
character of the neighborhood or otherwise to protect the health, safety,
morals or general welfare," the appeal says. &nbsp;&nbsp;&nbsp; 
 Because Act 1 proposed to house more than 12 residents in the facility, the
board ruled the home constituted an "institution," which requires a variance
in a residential neighborhood. &nbsp;&nbsp;&nbsp; 
 Under the city's zoning ordinance, a "group residence" may house no more
than eight people. However, the law allows up to four unrelated people sharing
housekeeping to live together as a "family." &nbsp;&nbsp;&nbsp; 
 Act 1 claims that because five apartments are available in the complex, 12
residents can live up to three apiece in the five units, and each would
constitute a "family." &nbsp;&nbsp;&nbsp; 
 Previously, DePolo told the zoning board that 70 percent of the children
would come from troubled homes and 20 percent would be non-violent
delinquents. The teens would be under supervision. &nbsp;&nbsp;&nbsp; 
 Act 1, which is licensed to provide for such youths, operates similar homes
on South Franklin Street and in Edwardsville. &nbsp;&nbsp;&nbsp;

Act 1 Appeals Ruling That Prevents Group Home Appeal Calls Interpretation Of City's Zoning Laws Invalid