ZONING SUIT DELAYED
Judge Leete grants continuance in '911' case

Judge John B. Leete has granted a continuance in the civil suit filed by four residents of Mockingbird Lane who object to the construction of a new emergency operations center along Rt. 872 in Coudersport Borough.

Attorney Paul Malizia of Emporium has filed an appeal in Potter County Court in response to a recent split vote by the Coudersport Borough Zoning Hearing Board to grant a variance that allowed construction to proceed.

Judge Leete's order continues the case until a hearing on Tuesday, June 17, at 2:30 p.m.

Last year, the Potter County Board of Commissioners approved the low bid of about $300,000 by Hamilton Construction of Ulysses to renovate a former mental retardation group home into an operations center.

It's linked to a multi-million dollar project in Potter and Tioga counties to accommodate 9-1-1 emergency calls from cell phones. Potter currently contracts with Tioga for 9-1-1 dispatch.

Citizens who live in the vicinity of the new center, which remains under construction, spoke out against the variance during a Zoning Hearing Board session on Jan. 28.

They have since retained Malizia to appeal the decision in court.

Plaintiffs are Ken and Diane Johnston, Alan and Sharon Richards, Bob and Barb Carroll, and Jeff and Gail Potocek.

They're arguing that the Zoning Hearing Board abused its discretion in allowing a nonconforming use, specifically a 120-foothigh communications tower and commercial building, on a property designated as residential in the borough's zoning ordinance.

The neighbors claim the equipment would be a nuisance to them and is not in keeping with the board's mandate to protect the public health, safety and welfare.

Coudersport Zoning Hearing Board is represented by attorney Patrick Larsen of Acker and Larsen in Coudersport. County Solicitor D. Bruce Cahilly, representing the commissioners, has also been involved in the case.