In a 3-2 decision, the Swissvale zoning board has ruled that supportive housing units sublet by Pyramid Healthcare are considered group homes and should be regulated according to those guidelines.

The ruling comes after a nine-month-long battle that initially involved the borough, Pyramid Healthcare and property managers Lobos Management and then escalated to include the Allegheny County chief executive's office and caused one Swissvale council member to temporarily resign.

Pyramid Healthcare leased eight apartments at 1901 Hanover St. in August to use for its supportive housing program, which provides homes for individuals leaving residential drug- and alcohol-treatment programs.

Swissvale officials sent a letter to Pyramid on Oct. 10 saying that Pyramid was not in compliance with borough codes for group residences due to the apartments' location in an R-3 residential district, a failure to obtain occupancy permits and a failure to submit information for its tenants to the borough.

Pyramid appealed the borough's fines, arguing the units are not group homes and should not fall under those guidelines.

The ruling against Pyramid strengthens the position of Councilman James Bonacci, an outspoken opponent of the supportive housing program since it was first discovered in Swissvale.

He said he was pleased by the ruling but disappointed that Allegheny County, which funds Pyramid through the Department of Human Services, did not take a more active role in regulating supportive housing.

On May 7, Mr. Bonacci submitted a letter of resignation to council, blaming the county's lack of concern about supportive housing as a major factor. He withdrew his resignation Tuesday.

"We're still going to be bogged down in the court system, and that's costing taxpayers money," he said. "And we're fighting our own Allegheny County [which is] supposed to be taking care of us.

"We've already spent over $10,000 fighting this. I believe Allegheny County should pick up our legal fees."

Kevin Evanto, spokesman for county Chief Executive Dan Onorato, said county officials met with Swissvale Mayor Deneen Swartzwelder and borough council regarding supportive housing Dec. 13. He said subsequent conversations have taken place with the mayor and former borough manager Warren Cecconi.

Mr. Evanto said, however, the county is limited in ways it can intervene in the situation because the dispute is among Swissvale, Lobos and Pyramid.

"There's not a lot the county can do when it comes to this issue," he said. "This is funded by state money that's passed through the county human services department and then passed to Pyramid, which is a subcontractor. We don't tell Pyramid where to locate its services.

"The issue is between the borough and the subcontractors. The county has no legal standing to get involved. We're not party to this, so there's absolutely no reason for the county to pay legal fees," he said.

The zoning board voted to allow Pyramid 90 days to bring the residence into compliance with borough code. Pyramid must file for a conditional use permit to be approved by council; reduce the number of occupants from 20, including staff members, to six; and not be within 2,500 feet of another group home.

Because the Pennsylvania Organization for Women in Early Recovery's POWER House is less than 2,500 feet away on Church Street, the Hanover Street residence may have to be relocated.

The ruling also will likely affect a supportive housing program Pyramid runs at 1935-37 Delaware Ave. in Swissvale.

Pyramid attorney Bob Wratcher said it is reviewing the evidence presented to the board and it would appeal the decision to a higher court.

"I can say with certainty that it doesn't end here," he said.