"Open up! I know you're in there!"That's how Bethlehem resident Dave Capuano woke up early one morning a few years ago. Fortunately, the yelling was not intended for him, his wife, or children. The shouting was instead directed at a young man, who lived in a garage across the alley, and was vainly trying to hide from his girlfriend.
Capuano was describing life as a next door neighbor to Bethlehem's Elias Farm Market, located at 3131 Linden Street. In addition to the market, numerous young tenants were renting out garage bays, where they'd work on their cars late at night.
Gus Elias, stuck with these tenants by a prior owner, gradually ended those leases. "Do you realize the money I could make there?" he asked. "I don't want the money. I want to improve the property. But we never had a chance to tell our story."
Judge Edward Smith and Planning Chair Lawrence Krauter have both suggested that Elias do that, especially with those who oppose the planned expansion of his popular produce store. Tell his story is exactly what Elias did during a August 29 open house, conducted at the store. He was joined by Joe Elias, George Azar and numerous wives, sons and nephews of this large, talkative and cheerful Lebanese family. Unfortunately, the people who need to hear that story most- the ones who've filed legal roadblocks to his proposed expansion - were unable to attend.
Elias' Bethlehem store - there's another in Allentown - employs around twenty people. At this time of the year, 70% of their fruit and produce is obtained locally. But as they explained yesterday, they have three problems. First, a fire has ravaged their largest outbuilding, which needs to be demolished and rebuilt. Second, their single loading dock, located at the bottom of a steep ramp, is prone to flooding and ice, making it extremely unsafe. Finally, their warehouse, if it can be called that, is simply too small.
In a tour of the store yesterday, the Elias family and engineer Steve Pany went over their plans to improve their store. It started with their "warehouse," which is smaller than the break room at most grocery stores. "Our warehouse in Allentown makes this one look like a shed," said Elias.
Partner George Azar showed seven crates of watermelon that are sitting outside because there simply is no room inside the store. Eventually, some of that produce will have to be discarded. His wife Najwa said they have no choice. "We have fresh produce and good prices," she said. "The only way we can do that is by buying a lot."
This explains their need for a larger warehouse, and Elias points to the burned out building as the perfect place to build it. They also want an enclosed, three-bay, loading dock leading to that warehouse. This has raised concerns that what they really plan is a distribution center.
The entire family, at various points during the tour, denied that possibility. "We don't sell wholesale," noted Elias. "If I wanted to build a distribution center, I'd build one; but it wouldn't be here."
With a three-bay loading dock, George Azar explained their two trucks would always be parked next to the dock, with room for a third truck to make deliveries. This would reduce the need to move trucks in and out as deliveries come. The larger warehouse would also reduce the demand for as many deliveries, and would make it easier and safer for store employees to store and move inventory.
What about the current loading dock? What's wrong with that? "Today's a beautiful Sunday and you probably aren't thinking about this, but Hurricane Earl is coming later this week, and I'm really thinking about that, " said partner George Azar. "In a normal rainfall, this dock turn into a swimming pool in about five minutes. I have to pump this out to keep water out of the store." His wife, Najwa, added things are much worse in the winter, when the dock turns into an ice rink.
Elias explained his plans to enclose his lading dock and move and fence his trash bins. "We want out neighbors not to see or hear us. Not for us. For their benefit."
This farmers market, in 1929, was an 18 acre orchard that sold locally-grown apples, cherries, peaches, plums, and pears. In 2006, the Elias family took title, minus the orchard. Gus Elias spent $500,000 in renovations to the site. Many of the homes that now surround the market were originally a part of that orchard.
Because none of the opponents of the proposed expansion attended this open house, the Elias family will schedule another. Opponent Al Bernotas has suggested they meet at a "neutral" location, but the Elias family make the case - and it's a good one - that it is easier to understand a problem a its source.
"Come and hear us," Najwa Azar said. "We'll have as many meetings as we need. We'd like to hear what they need, and what we can do."
21 comments:
Thank you for the well written article Bernie. Now I know what went on during the meeting. As you know, I, and several other neighbors, were not able to attend because we had to work Sunday evening.
We know about their problems with the dock, which is illegal, it was built without permission from the City. There are no records in the Zoning Office giving them or the prior owners a permit to build the loading dock.
And although meetings, between neighbors and developers, are a good thing, this type of meeting should have happened over a year ago, maybe two. Instead the Elias Family leaders just bulldozed there way into the neighborhood, as they are tying to do now with their new Warehouse/Distribution Center. Why do they need three loading docks? I will tell you why, so they can unload the contents of one vehicle into one of the other two vehicles, without having to store anything in the warehouse. Then on to restaurants and other wholesale customers. And the Warehouse can store goods imported from overseas for delivery thoughout the United States. They deserve success in their business, but not on the backs of the abutting neighbors, or the neighborhood.
I personally have been in the store many times, as a customer, and Gus Elias has shown me around. I have discussed, with him, the problems the neighbors have with the (roadside stand, circa 1930) store. They have not made one change. They are smoke and mirrors. Their problems are self-inflicted. The dock is illegal. A large portion of the property is elevated, because they pushed back soil to the north side of the property to created an expanded parking lot, which was done without permission from the City. They bulldoze first, and ask permission later. They park Tractor-trailers on a residential lot, which is against City Zoning Ordinance. But, the city ignores the enforcement of the ordinance. They idled those diesel trucks in the middle of the night, until the neighbors brought it to the attention of the Police Commission, who promply worked the issue and had Elias Market put up signs to stop the diesel idling.
And the neighbors truly do not have to have a meeting at the store. We know what the problem are. We drive by it everyday. Excessive traffic in a residential neighborhood, garbage in view 24/7, Tractor-trailers and trucks in view 24/7, litter all over their lot 24/7, litter up and down the street 24/7, noise in the middle of the night as the Tractor-trailer is started, vibration of the abutting houses, as the garbage dumpsters are picked up and dropped off. The neighbors do not want any of this and they do not deserve it. They committed no crime. The neighbors abide by the Zoning Ordinance. The Elias Farm owners, partners, and managers do not. They are all talk. They want an incremental expansion of their store so they can have an excremental effect of the neighborhood.
Sales presentations of their woes, at their store, are too late. The Zoning Ordinances are on the side of the neighbors. The Zoning Hearing Board could have prevented this, if they would have enforced current Zoning Ordinances. The legal road the neighbors are taking is against the City of Bethlehem Zoning Hearing Board, not the Elias Family.
"Open up! I know you're in there!"
That's how Bethlehem resident Dave Capuano woke up early one morning a few years ago. Fortunately, the yelling was not intended for him, his wife, or children. The shouting was instead directed at a young man, who lived in a garage across the alley, and was vainly trying to hide from his girlfriend.
Capuano was describing life as a next door neighbor to Bethlehem's Elias Farm Market, located at 3131 Linden Street. In addition to the market, numerous young tenants were renting out garage bays, where they'd work on their cars late at night.
Bernie
This sounds very odd. Why didn't this neighbor complain to the city'z soning officer? It sounds illegal to rent out garages not to mention apts without zoning variances and inspections. And onsite car repairs...also sounds illegal.
Did market owner pay various taxes on the garages and apts? Did he receive Bethlehem's required occupancy permits? Easy to find out.
"so they can unload the contents of one vehicle into one of the other two vehicles, without having to store anything in the warehouse."
This seems a very logical assumption as the Elias family has multiple Lehigh Valley sites. Wish neighbors could trust them but time has shown once a business gets started, it is almost impossible to make it stop and residents often are required to pay legal fees that eventually exhaust budgets. Cities seem to favor businesses over residents.
Why can't the market purchase a commercial nearby site and construct a warehouse that would please everyone.
"As you know, I, and several other neighbors, were not able to attend because we had to work Sunday evening."
Yes, that is indeed unfortunate. The Elias family mentioned they would have another and as many as needed to work this out.
"And the neighbors truly do not have to have a meeting at the store. We know what the problem are."
This is where you are wrong. Judge Smith and Planning Chair Krauter have both suggested you need to talk. Youcould let lawyers get richer or try to a\work this out. You are all good people. So why not try?
" Why do they need three loading docks? I will tell you why, so they can unload the contents of one vehicle into one of the other two vehicles, without having to store anything in the warehouse. Then on to restaurants and other wholesale customers."
This is where you need to talk to the Elias family. They swore up and down they have no intention of doing that. They do not sell wholesale. Look at the size of their current warehouse. Look at the seven bins opf watermelons sitting outaside. Listen to them and then decide.
You are ALL good people. I know you can work this out.
This site has been a local grocery store for quite some time. Anyone who bought a lot or a house near the store knew what they were buying. I am not trying to be confrontational. I just want people to stop and really think. This is America. Mom and Pop grocery stores and other local businesses are being shut down by the Walmarts of the world and other big chains. I don't know the Elias family but I do know that they look like hard working people trying to make a living. In addition, they are providing a need for local residents. You want to go to Walmart to buy your tomatoes. Let's keep the Chinese busy. Then when none of us have jobs one day and we're hungry we can only hope the rest of the world is interested in feeding us. Oh but wait, we're really good at providing services. WAKE UP. I recently bought apple juice at CVS because I didn't have time to stop somewhere else. Stamped on the front it said apples are from CHINA. We don't have apples in the US? Let's get back to the topic. Elias is a beautiful example of a local family owned business. Let's not push them out of the neighborhood. Work together to help them make improvements. The neighbors and Elias need to COMPROMISE and make it happen.
The important issue is that the market is seeking to expand on a business use that was grandfathered in once the zoning was changed. You can keep your business/use going even if zoning will not allow other similar uses but you can't grow it without a zoning variance. The ZH Board gave it to them and that decision was appealed. So it's not the business but the expansion. It might be quaint to have a small Mom and Pop store/barber shop/etc in your neighborhood but no one would want to see that small use be sold and then tripled in size as that might disturb the character of the neighborhood and could go beyond the scope of protection the grandfathering allows
"This is where you need to talk to the Elias family. They swore up and down they have no intention of doing that. They do not sell wholesale."
Read the August 26, 2009, transcript from the Zoning Hearing Board. They sell and deliver wholesale.
Contrary to their public pleadings about appeasing the neighbors, they do no such thing. All talk and promises, no action. The neighbors do not trust them. Their actions do not let neighbors trust them. Their foot is in the door now, and they are becoming the armpit of the neighborhood. This case will be decided by the courts.
Contrary to their public pleadings about appeasing the neighbors, they do no such thing. All talk and promises, no action. The neighbors do not trust them. Their actions do not let neighbors trust them. Their foot is in the door now, and they are becoming the armpit of the neighborhood. This case will be decided by the courts.
4:49 PM
Does their initial agreement sale address wholesale at this site? Did they receive a zoning variance to conduct wholesale business? Check that out.
Sadly, those of us who travel see this all-to-often. Small mom/pop becomes giant McTomato once they start to see business ripen. It's not funny because the homeowners will be affected and their property values and quality of life in what was once a tranquil and admired setting will be forever altered.
"they look like hard working people trying to make a living. In addition, they are providing a need for local residents. You want to go to Walmart to buy your tomatoes. Let's keep the Chinese busy."
We suspect Elias as many businesses buys its produce from South and Central America as well as China, if need be. You think all fruits and vegetables come from the USA. Not anymore.
"They sell and deliver wholesale."
This is completely contrary to what nearly every member of that famly told me yesterday. I do not have the transcript, and only have the benefit of the briefs. If they are selling wholesale, as you honestly believe, wouldn't it make sense to go to a meeting and confront them about that difference. Do you know of any of the wholesale customers?
"Do you know of any of the wholesale customers?"
Yes!
Can you list them? This is completely contrary to what I was told.
The Store has expanded illegally, it has rented garages illegally and it wants to push into a residential neighborhood. Good People?
sounds like another absent tee landlord/businessman who wants to make money anyway possible and screw you of you don't like it.
Krauter and the Planning board forget they are their for the residents not Callahan funders.
"Can you list them? This is completely contrary to what I was told."
Of course it is contrary to what you were told. They will tell you, and anyone else who wants to listen, anything you want to hear, so they can expand that roadside stand into a grotesque grocery store in an RR zoning district in the City of Bethlehem.
This case is not going to be heard in this blog. It is going to be heard in court, or back at the Zoning Hearing Board. The truth is in black and white, taken from the files of the Zoning Office, and kept from the Zoning Hearing Board.
As far as the wholesale deliveries they make, and to whom, that will be discussed in a legal setting. No specifics here. But just as a little clue, one of their restaurants allegedly refused to take any additional deliveries because the quality of the product was not acceptable to the "sandwich shop."
Sorry Bernie, but it would not be proper to list specific wholesale customers on your blog. We will tell it to the court, when we are given a chance. Remember, their judicial friend, Judge Koury, would not allow the record to be opened. What is to hide? Plenty, from Elias!
I found it very sad that there such a small turn out for the meeting at Elias farm market. Most of the neighbors who have the problem either are retired or work 9 to 5 jobs. They did not attend. To me if you were not there you are consenting that the judge should rule in Elias's favor.
If your are truly concerned with what is going to happen in your own back yard you would make a better effort to be there. It is better to see something in person than to see it on paper or hear about it in a meeting. If you were there, you would have heard the 18 wheeler start up and purr as soft as a kitten. Once they can build as they need to, you will not see the truck taking up room in the parking area or hear the truck. You will not see garbage. If you had come to the meeting, you would have heard and seen all this with your own eyes. They want to make changes that will be good for everyone not just themselves.
The previous owner used to park his 18-wheeler in the back of the lot as well as sometimes leave early in the morning to go to Philadelphia to get produce. However, some of you would not know that, as you have not lived here that long. They live in homes constructed by the previous owner that, I am guessing, was funded by proceeds from the sale.
The garages were rented prior to Elias buying the store and were a holdover from the previous owner. Not all of the renters were bad, one was an elderly man who lived down the street and was parking his car in the garage. I guess Elias raised the whole ground level, even the part the existing garages were on when he expanded his parking area. An area utilized even when Pichel's owned the property to park his tractor-trailer in addition to other vehicles utilizing this lot.
Regarding: "I found it very sad that there such a small turn out for the meeting at Elias farm market. Most of the neighbors who have the problem either are retired or work 9 to 5 jobs. They did not attend. To me if you were not there you are consenting that the judge should rule in Elias's favor. "
You are 100% wrong. Mowt don't have 9 to 5 jobs and I think it is very funny that you should assume that the two retired people don't have anything to do!!! We are retired but we were away on vacation when we found out about the meeting and were still away when the meeting took place. Al Bernotas communicated with Gus and told him that the core neighbors could not make the meeting because of work constraints or vacations and asked Gus to postpone it for a date that was agreeable to most neighbors. Gus insisted that he was still going to have the meeting but it doesn't mean that the neighbors didn't want to attend, just that they couldn't attend on that night. Why did he still have the meeting? Because he called the press and wanted the coverage and, of course, good old Capuano - the man who didn't complain about the garages being rented nor check to see if if was even legal to rent them in the first place. BTW, according to John Lezoche who was aware of the rentals, it was not legal to rent them out. What a waste it is to have him as a Zoning Officer when he just turns his head for the people that grease their pockets.... and contribute to the Mayors funds!!!! Shame on you John.
Also, someone should call the IRS to see if the rents were claimed on their income tax returns.
Please note, below you will find verbatim testimony from the August 26, 2009, Zoning Hearing Board meeting.
The testimony is that of Mr. George Azar, business partner to Mr. Gus Elias, who was present at the meeting. Mr. Gus Elias did not dispute the testimony quoted below.
**********
Q Now when you arrive back at the facility that truck is unloaded, where does that truck park?
A Out in the parking lot.
Q Where would it be parked under this proposal?
A Right exactly where we unload it. It is in a stationary spot made for that tractor trailer. There is no other truck parked there. That spot is made for just that tractor trailer. There will be other doors for delivery, our wholesale delivery or any other delivery. But they're coming in and out.
Q Now the second truck that you own, what is the size of that truck?
A 18 foot.
Q What do you use that truck for?
A We use it mostly for our wholesale customer, we deliver to restaurants. And we use it -- other than that we use it to run back and forth to Allentown.
**********
Quotes are from Pages 95 and 96 of the printed version of the transcript.
Now Bernie, did Mr. George Azar tell you the truth, or did he tell the Zoning Hearing Board the truth?
Anon 9:13, If you want to suggest federal tax evasion against Elias, I think you need to signe your name. Also, the zoning officer is a public official, but is not on the same level as a member of Council or the mayor. I believe he is entitled to the courtesy of knowing the source of any personal attack. So I will delete additional personal attacks at Mr. Lezoche or anyone else, either proponent or opponent, unless you identify yourself. Anonymity is a mtter of convenience. It makes it easier to comment. But people who hide behind a blanket of anonymity to launch a personal attack are really being cowards.
Al, Thank you for trying that portion of your case here. It's definitely inconsistent with what Mr. Elias told me, and I will ask for an explanation. I hope you can make it to the second open house, whenever that is scheduled, so that this can get out in the open and be resolvved.
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