NEW CASTLE Street closing is appealed

The city solicitor said council might not defend its decision in court.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- James and Bonnie Geddis say they worry about how firetrucks will make it to their Reis Street home.
The North Hill couple and two neighbors filed an appeal Wednesday of New Castle Council's decision to close part of their street and an unnamed alley for a new city high school. They are also appealing council's decision to grant the school district a conditional use permit. The appeals were filed in Lawrence County Common Pleas Court.
"If they close the street, we are in danger. The firetruck would have to go clear around. It will also ruin the resale value of my home. I've lived here for 30 years and paid taxes, and I feel this shouldn't happen," Bonnie Geddis said.
Two others, John Albano of Berger Place and Dawn M. McCune of Crescent Avenue, are appealing council's decision. They could not be reached to comment.
In both appeals, the four cite fire safety as their top concern.
All live in the area behind the high school, which is on East Lincoln Avenue. School officials plan to raze several homes along Lincoln and East streets for an educational wing. The school will then be razed, and an arts and science wing will be built. The two buildings will eventually meet in the area now used as Reis Street.
Fire chief's response: At a public hearing earlier this year, New Castle Fire Chief James Donston told council members it would be immoral to close the street because it could increase fire response time to the homes behind the school by 45 seconds to a minute. Reis Street is the most direct access to several streets in that area, including Berger Place, Crescent Avenue and Shaw Street.
The appeals claim that city council violated the city zoning ordinance when it did not take into account the effect the proposed conditional use would have on its immediate surroundings and would create safety hazards because of delays of emergency vehicles.
Several other points are made in the appeals, including the fact that Reis Street is part of a plan of lots and cannot be closed without permission of the residents.
State law: City Solicitor James Manolis said that point was not brought up by the school district when it asked to close the street. State law requires land owners in the plot plan to give permission before any streets are closed, he said.
"If this is in fact a plot plan, then there may be a problem with that [decision]. The petition filed [by the school district] did not indicate the street or alley were part of a plot plan," he said.
Manolis said council did not check if the street was part of a plot plan because it does not investigate matters, but makes decisions based only on petitions submitted and evidence gathered at public hearings.
Manolis said he's not sure if the city will defend its decision in court or let the district handle it.
Schools Solicitor Thomas Piccione couldn't comment on the appeals, saying he received a copy of them Wednesday afternoon.
Piccione said he doesn't believe the appeals will affect the district's construction timetable. Plans call for the homes to be razed in August and construction on the education wing to start in spring 2002.
Edward Leymarie, attorney for the four residents, could not be reached to comment.