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Friday, March 11, 2011

Elias Expansion Plan Approved, 3-1

Claiming that his clients felt "very pressured" and were "treated unfairly" when they gave Bethlehem planners a 90-day extension on Elias Farmer's Market expansion plan last month, Bethlehem Attorney Joe Piperato appeared before the Bethlehem Planning Commission on March 10 to insist it's time to vote it up or down. And in a 3-1 decision, the Elias plan was finally approved.

"We simply want to see the Planning Commission follow the process that is outlined in the Municipal Planning Code," explained Piperato. Elias opponents, if they want to stop Elias from moving forward, can file a petition in court and post a bond, claimed Piperato, who added they would only be seeking permits until the zoning appeal is heard.

Planner Andrew Twiggar told Piperato that he had hoped the extension would have given the two sides time to come together, but the Elias attorney answered that opponents keep adding conditions. "It's not going to be resolved amicably, as it appears right now," he concluded.

If the sentiments of Elias opponents are any indication, Piperato is correct.

Al Bernotas, who last month announced an appeal of the most recent Zoning Hearing Board decision approving a special exception, called zoners "below mediocre," drawing a mild rebuke from Chairman Larry Krauter. Bernotas also singled out Stephen Thode, a planner who last month proposed approving the plan. "Would you like a tractor trailer on Barclay Drive, Mr. Thode?" Bernotas asked.

An angry Beaufort Drive resident Walter Ward told the board, "I probably pay more taxes than any one of you and now I'm going to have this monstrosity in my back yard." His wife, Patricia, claimed that she reviewed four years of zoning hearing board notices, and the Elias notice is the only one that failed to note the sections of the zoning ordinance from which relief was being sought. "We were blind-sided," she complained.

Bethlehem activist William Scheirer wondered just how it was that the Elias family felt pressured. "Maybe you should have advised them of their Miranda rights," he said sarcastically.

Sue Fang, whose back yard is located only 40' from the proposed loading dock and is suffering from asthma, said her English is not good, but made the best argument.

"My life depends on you," she said simply.

Attorney Piperato had earlier stated that the Elias family is willing to move the loading dock a little farther away from Ms. Fang's property, but the parties have been unable to agree on other matters.

As in prior hearings, Elias store owner George Azar sat quietly.

Krauter conceded that had planners denied the plan, it would not survive a court challenge, but was "very, very concerned about the quality of life" of these Bethlehem residents, and was hopeful that an extension would promote discussions. He also worried that applicants who grant extensions should be discouraged from coming back the next month and trying to take it back.

But in his final vote as a Planning Commissioner, Larry Krauter as the lone voice in the wilderness. Planners Steve Thode, Andrew Twiggar and Katie Lynch voted to approve the Elias expansion plan. Krauter voted No. Planner Jim Fiorentino, who had to leave for a prior commitment, was absent.

(Blogger's Note: This photo depicts Planner Katie Lynch, who is proving to be a very attentive Planning Commission member).

23 comments:

Anonymous said...

""I probably pay more taxes than any one of you" "

wow. these people are beauts...

Pat Kesling said...

Harrassing the Elias family is exactly what Al Bernotas and his gang of maybe six people is doing. Stand in his front yard. You can't see the market. I'm a neighbor, shop at Elias all the time, never see garbage, or loads of trucks. The closest neighbors on both sides of the market approve the remodeling plans and are sick of this mess.

Bernotas is running as a Republican for City Council and this appears to be his claim to fame. Cheaper than lawn signs, right. He belittles the Zoning and Planning Board members. Why is he so special??

Walter Ward? Isn't he related to Bernotas? Mrs. Fang gives an impassioned and very long speech about her life being ruined by the propsoed changes. Did she consider this when she and her husband bought their house directly attached to the dumpter and shed? They bought it in 2007!!!!

Anonymous said...

How dare a taxpayer characterize the size of his tax bill. The unmitigated gall! He should feel privileged to pay them, right?

Anonymous said...

Pat Kesling, Director, Development at ArtsQuest, Bethlehem, PA

Another Callahan/Parks lapdog?

Pat Kesling said...

Hardly. Google has not been updated. I retired from ArtsQuest exactly a year ago. I comment as a neighbor/shopper at the market for more than 35 years.

I think we all know who hides behind "anonymous" when it relates to this rediculousness.

Anonymous said...

yap! yap! yap!

Anonymous said...

Way to go zoning board..About freakin time!

Anonymous said...

Hi Pat. Give Rich my best.

Anonymous said...

Its about time this was approved. This is the USA, people have the right to use their property. If you don't like what your neighbor is doing then move. Nobody is stopping you. It's not like this is North Korea or Cuba where you are assigned housing. The meddling of government as is happening now all over this country from health care, to enabling unions, to zoning, to busted budgets paying public employees rediculous salaries is going to wreck this country. What the Elias family had to endure with this stupid process to enhance and better themselves was absurd.

Anonymous said...

To Anon 7:01 AM

Your 3rd grade education is showing, along with Kesling's.

The word is spelled, ridiculous.

Anonymous said...

Pat Kesling (from Patterson Ave - not Marchant or Beaufort). How aboout the residents switch assessments with you and then maybe they wouldn't mind as much.
What do you think Pat? $64,700 is a lot better than the lady who has this in her backyard and assessed at more than double of yours. I don't think you qualify to know what conditions happen in that neighborhood anyway when you are classified only as a shopper and are there occassionally unless you are one of their key wholesalers. Are you an authority on neighborhoods? Should we drop off all the wrappers from the fruit that blow all over their yards or maybe we can have the dumpsters brought to your backyard so you can listen to them at 5:37am or maybe Gus can park his tractor-trailers in front of your yard! Would that make you feel like a good citizen and doing your civic duty and let your neighborhood grow. People always have a lot to say when its not in their own backyard. Even Mrs. Elias admitted she wouldn't want this in her backyard and, btw, in 2007 the place didn't look like this on Mr. Pichel's watch. Boy, we wish he was back! He was out there every morning picking up the smallest amount of debris and then it looked liked a Farmer's market. No one minds the way it was then but for a flat-top 19,000 warehouse to house nothing that can be delivered to anyone (stipulations that were put on them from Zoning) and be a warehouse something smells funny! What do you think they will be warehousing in there? We're certainly going to make sure they get what's coming to them and make sure the city gets the right amount of taxes for that building too. Bethlehem is certainly going down hill but then again its because of people like you who don't care about protecting the Residential Zones. You should move to NY if you want some real action. Oh, how do you know so much about everyone and their relations, are you a stalker??? And not that it is any of your business but fyi, no one is related to each other. But, in my opinion, Elias has a lot of friends and relatives, doesn't he? The neighors can send you pictures or videos if you like just let them know Pat.

Pat Kesling said...

Amazingly, the "Bernotas for City Council Website" says, and I quote, "Can't we all just get along."

Anonymous said...

to Pat Kesling..
Your right, everyone wants to compromise - all they are asking for is to limit the docks from 3 to maybe 1 or 2, put on a gable roof so that it fits into the neighborhood and cover the dumpsters and/or maybe get a compactor and put the loud utilities on the ground on Linden Street where it won't effect residents. Tell the truth Pat, why is that so hard for them to do for neighborhood harmony. Your house might even benefit from it! If the entire area gets too commercial looking all the neighborhoods values will decrease. Live and let live but don't cast stones if you live in a glass house and don't judge people until you walk in their shoes!!

Anonymous said...

Anonymous "Its about time this was approved"
You are right people have a right to use their property but not to impact your neighbors, their health with fumes from diesel trucks or their property - that just isn't right. Join the real world if people let some slobs do what they want it will look like the getto where people don't care. I have a feeling you know what that looks like. :)

Bernie O'Hare said...

This story is about the Elias expansion, not Pat Kesling or Al Bernotas. I know this has people worked up, but would appreciate it if you could avoid the personal insults, unless you are willing to sign your name and take responsibility.

Unknown said...

Bernie... you are 100% correct. Peoples names and personally attacking many people as Pat Kesling did should have been blocked. It is about the issues at hand. Everyone is entitled to their own opinion on this topic but personal attacking by name is slanderous! She certainly bashed Al Bernotas many times!! "Can't we all just get along."

Sparticus said...

A very heated zoning issue indeed..is this going to be appealed by the citizen group?

Bernie O'Hare said...

Tricia, Yes, it has already been appealed.

Anonymous said...

I've read a lot about what Elias Market expansion would do to our neighborhood values. Ironically, articles in the local papers concerning the issue may have already hurt the values of homes by describing harmful fumes, trash, noise, traffic problems and confusing zoning rules.

Worse, if I were in the market to buy a home, I might not even consider this neighborhood as the "neighbors" sound like busy-body types who insist on only white lights regarding holiday decorations.

The wonderful thing about the Internet is that it puts a wealth of information at our finger tips. Imagine living out of state researching a home in this neighborhood-- then reading articles in the local papers, or on this site, which comes up in a Google search when one enters "Lehigh Valley PA." One might get the idea that this is not a good neighborohood.

Believe me, it is a wonderful neighborhood; filled with diversity and people who look out for each other.

The overwhelming majority of us are not concerned with the Elias expansion except for the fact that the traffic problems created by the access from 191 to the market is creating traffic problems for those who don't pay attention to the "No Left Turn" sign and bad drivers who use illegally use the left turn lane on Linden to bypass those turning into the market. As I understand it, that access would be closed should the market expansion take place.

As well, I hope I am not violating the personal attacks rule by adding that if Al Bernotas is running for City Council, I find it strange that he was soliciting neighbors for the legal fees incurrd to fight the expansion when he and two other neighbors were the only ones against it. If he is solic

I have posted under Anonymous because it's easier, but comments can be addressed to Trilbyb.

Anonymous said...

To Trilbyb 2:34 PM
Fyi, you can thank Al Bernotas because the "No Left Turn" will happen because Al went to the City Engineer and Elias has to put what is called a "Pork Chop" in the driveway which forces all the traffic out of the 191 exit to ONLY make a right-hand turn. Thanks Al! Regarding busy-body neighbors who insist on only white lights on holiday decorations, that isn't coming from the same group of concerned citizens who are worried about the Elias issue and your RESIDENTIAL neighborhood being overrun with commercial activity. Maybe where you live that exists but I never heard that one before and I put up colored lights.

Sounds like maybe you could be considered a busy-body who feels they can speak for the "overwelming majority" in the neighborhood (how many streets are you talking about) when I know there are many, many people including the Macada neighborhood who are concerned about this market hurting the entire area.
How many streets do you think are effected by this? Just yours! Many in the neighborhood have stopped shopping at Elias market to show their support and how they feel and others do care but don't have the energy to fight for what they believe in and are glad for the BHA. No one is saying anything wrong about diversity. To each their own but please don't throw anyone under a bus until you have all the facts straight! Go to some Town Meeting and then you will find out who cares about our City of Bethlehem!! Even City Council is against what Zoning did. Why aren't you concerned or do you just not care about your neighbors, your neighborhood, and just preserving residential neighborhoods in general?

Scott said...

Hey Bernie quick question I see on the main page of your website it says that for this article there are 21 comments but when you click on the article it only shows 20 comments?

Bernie O'Hare said...

Scott, It should show 22 now.

Scott said...

Hey Bernie it always says 1 more comment then there really is?