Jan. 7--The Hamburg zoning hearing board said Tuesday that it intends to render a decision Feb. 9 on plans for a rehabilitation center in the borough.

The announcement came at the end of a hearing that focused largely on zoning offi cial John J. Leonforte's contention that the plans Oranges Stones Co., Reading, submitted for an 84-bed rehabilitation center and halfway house should have gone to the planning commission before they were submitted to him.

Leonforte rejected the plans and Orange Stones appealed his decision to the zoning hearing board.

Leonforte said he wanted the plans submitted to the planning commission first because the commission completes a more detailed review of borough requirements. He, in turn, relies on that information when issuing zoning permits.

Zoning hearing board Solicitor Charles F. Fitzpatrick asked what part of the zoning ordinance requires that plans go before the commission fi rst.

Leonforte said there is no specific requirement but the ordinance allows the zoning officer to request any additional information.

Orange Stones attorney Daniel F. Schranghamer said he did not think the project should be required to go to the planning commission fi rst.

"He (Leonforte) can't point to a provision in the zoning ordinance that says you have to go to planning commission fi rst," he said after the hearing. "I feel that that substantiates the position we've taken all along."

Borough planning commission engineer Steven K. Hoffman testified that Orange Stones' plans would constitute a land development and should be reviewed by the planning commission. But he wouldn't say if such a review should occur before a zoning permit is granted.

Orange Stones has submitted three zoning permit applications to date, the first one in June. Leonforte has denied all three.

At Tuesday's hearing, the board also heard from Allen E. Ertel, executive committee chairman for Firetree, Ltd., the Williamsport nonprofit that would provide services at the rehabilitation center.

Testifying via telephone, Ertel said he arranged a meeting with Leonforte after the third denial to move the process forward.

"I said, 'Look, all I want to do is get these things corrected,' " Ertel said. "Then he said, 'It doesn't matter what you do, I'm going to deny it anyway.' "

Hearing that, Leonforte shook his head.

Ertel then was questioned by Hamburg Solicitor James E. Gavin, who indicated he was at the meeting between Ertel and Leonforte.

Gavin contended that Leonforte told Ertel he is bound by the zoning hearing board's decision that upheld his second denial and that he would follow it, as long as the decision is not reversed.

The zoning hearing board upheld Leonforte's denial of the second application.

Orange Stones has appealed the board's decision in Berks County Court.

Zoning hearing board members Anthony F. Merklinger and Mary Alice Wertz were absent.

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