Published: December 03, 2008 11:07 pm      

Hearing slated for appeal opposing veterans facility

Neighbor disagrees with decision to issue building permit

CUMBERLAND — The Cumberland Board of Zoning Appeals will conduct a public hearing at City Hall on Dec. 17 at 4 p.m. regarding a building permit for 830 Williams Road.

Irene Melotti, property owner, purchased the vacant lot with the plan to build a 2,400-square-foot medical office and counseling center for veterans.

“Right now we’re on Centre Street and, for the past four years, I have been looking for a new building,” Melotti said in reference to Re-Entry Associates Inc. “Our clientele has grown; we have more disabled clients and the Vietnam vets are also getting older and using the stairs is getting harder for them, but we only have two downstairs offices to service them.”

On April 3, Melotti filed for an occupancy permit for a land-use consistency determination for the property. She was seeking determination that the proposed development satisfied the zoning definition of governmental use.

According to the Cumberland Zoning Ordinance, governmental use is “municipal, county, state or federal government building or facilities designed and intended to be occupied by the government or designed and intended for public use sponsored by such government.”

After review of the application and evidence the facility is solely funded by the Department of Veterans Affairs, the city found the proposed facility to qualify as governmental use and issued a building permit Nov. 5.

“All funding is coming from Veterans Affairs, which gives the impression that the (proposed construction) is sponsored by them,” said David Umling, city planner. “Due to the definition (of governmental use), it was decided that because all funding was coming from a government entity, it can be considered sponsored by that entity.”

However, before groundbreaking could begin, Melotti was issued a cease-work order due to an appeal filed by attorney Jeff Getty on behalf of Joyce Malsberry.

Malsberry, a neighbor to the proposed facility, filed an appeal questioning whether the city made the correct decision in issuing the building permit.

“The plaintiff is challenging the issue of permit on the basis that the proposed facility is not a governmental use,” Umling said. “At the hearing, the (appeals) applicant’s counsel, Mr. Getty, will make a case in how we erred in making that decision.”

Malsberry declined to comment. Calls made to Getty were not returned.

With hopes of being moved into the new facility by now, Melotti said this situation is very distressing for her and the veterans.

“We are rallying for as many veterans and local residents to come to the hearing to support us and this cause,” Melotti said. “I hope when (Malsberry) sees how many people turn out to support us she’ll have second thoughts.”

Tess Hill can be reached at thill@times-news.com.