Marietta Zoning Hearing Board Wednesday denied resident Tom Armstrong's appeal to continue housing three convicted sex offenders in his East Market Street home.

After three hours of testimony, 10 minutes of private discussion and without explanation, the three zoning board members unanimously denied the former state representative's appeal of a June 18 cease-and-desist notice ordering him to move the men out of his home.

Board members were charged with determining whether Armstrong's housing the men in his large Victorian home violated a borough ordinance prohibiting more than four unrelated people to live in a common residence in historic residential zones. They were not allowed to base their decision on whether they agree with Armstrong's stated mission to support the men and help them reintegrate into society after serving their sentences.

The board's decision parallels a similar controversy earlier this summer in Conestoga Township, where Armstrong first rented housing for the men. Township officials there ordered them moved out because zoning there does not permit boarding houses.

Armstrong then relocated three of the four men from Conestoga into his own Marietta home at 704 E. Market St.

Marietta zoning officer Mark Harman testified Wednesday that he first became aware of Armstrong's arrangement when residents called his office to complain. He testified he confirmed the men were living in Armstrong's home by checking Pennsylvania's Megan's Law Web site — www.pameganslaw.state.pa.us — which lists home addresses of all the state's convicted sex offenders.

Armstrong's attorney, Jim Clymer, argued that Armstrong has long housed three or more veterans at once over the past 18 years without interference from the borough.

"The only difference is the nature of these men," Clymer said.

Clymer also argued that the borough's ordinance allows families to reside in the historic residential zone and that Armstrong welcomed the men into his home as a family, sharing expenses, cooking, yard work and other responsibilities, just like any other family.

"By the borough's own ordinance, the definition of a family is up to four unrelated individuals sharing a common household. … Put aside the emotion related to this matter," Clymer said. "It's a family that's living there."

But attorney Shawn Long argued that Harman correctly ordered Armstrong to move the men out. He described Armstrong's relationship to the men as a "business arrangement," pointing out that each man pays $100 a week to live in the house. Long also argued that there is no Megan's Law Web site for veterans, so the comparison does not stand up, and if Armstrong were housing veterans now, that too would violate the borough's zoning ordinance.

Long cited several Pennsylvania court decisions disallowing similar boarding situations in residential areas for drug addicts, alcoholics and even abused children.

"If you're going to stick to the letter of the law, stick to the Commonwealth court decision that wasn't even sympathetic to abused children," Long said. "The problem is that (this) violates the zoning ordinance. It doesn't matter if they're sex offenders or not."

The board could have taken up to 45 days to make its decision, but Long said borough officials requested a vote Wednesday night.

While the board's vote likely puts an end to Armstrong's current living arrangement, it doesn't necessarily banish the sex offenders from Marietta, where residents hotly protested them in recent weeks.

Convicted rapist Richard Owen, one of the three men living in Armstrong's home, testified Wednesday that his probation does not limit where he may live.

Armstrong, in a published report, said if the borough ruled against him Wednesday, he would appeal.

E-mail: slindt@lnpnews.com