When Northampton County Judge Edward Smith first heard oral arguments about the proposed expansion of Bethlehem's Elias Farmers Market, he hinted that the parties need to sit down and talk. "It seems neighbors and owners have different views of what is going on," he remarked as lawyers tossed terms like "use variances" and "dimensional variances" as expertly as we all toss salad from the fresh produce supplied by this locally-owned market. Yesterday, Judge Smith sent the parties a stronger signal in the form a forty-four page opinion sending the proposed expansion back to the Zoning Hearing Board.In exhaustive detail, Judge Smith affirms a ZHB ruling granting variances that will permit Elias Farmers' Market to expand its warehouse and build a safer loading dock. But he also remands the matter because zoners failed to consider or grant a special exception. He notes that "the criteria for a dimensional variance are focused more specifically on the subject property, while the criteria for special exception use focus on the use of the property and the impact of that use on the surrounding neighborhood." He also notes, ominously, that the proposed expansion may violate the setback requirements in the Zoning Ordinance.
In other words, he wants them to sit down and listen to each other. The Elias family has already conducted one open house, but most neighbors who oppose the expansion were unable to appear.
Judge Smith's opinion is below:Elias Market Opinion
Point of clarification: the zoners "did not fail to consider" the special exception. The special exception was not before the Board and the Board does not have jurisdiction to unilaterally impose or consider regulations absent a finding from a zoning officer.
ReplyDeleteYou are correct.
ReplyDeleteThe setback issue is valid. Building and driveway will be just feet from residential neighbors. Vehicle lights alone not to mention engines and exhaust diesel fumes will be a nightmare and health hazard, we suspect. Sad situation.
ReplyDeleteIn exhaustive detail, Judge Smith affirms a ZHB ruling granting variances that will permit Elias Farmers' Market to expand its warehouse and build a safer loading dock...
ReplyDeleteOk so what now?
He also remanded the matter bc the ZHB failed to consider whether a special exception is appropriate, and that requires taking into account the surrounding neighborhood. This is by no means a done deal, and the parties need to sit down and talk to each other.
ReplyDeleteI believe the ZHB is too close to this matter. Thompson's letter complaining about the Planning Comm'n, as well as the idea of expanding the board, reflects that they are considering matters that are inappropriate.
We have invited the Elias Family to meet with the neighbors on October 21st. So far they have declined. They again posted notices on several neighbors doors, mine excluded, inviting neighbors to meet at their store. The neighbors would like to meet with the Elias Family, but not in their store. They will again be invited to the October 21st meeting. The meeting after the new ZHB meeting will probably be in Commonwealth Court.
ReplyDeleteDidn't they have an open house and none of the people that are complaining could show up??? How unusual...
ReplyDeleteTo Anonymous 4:26 PM
ReplyDeleteI get the feeling that the neighbors have seen enough of their junk yard style, litter, tractor-trailers and trucks parked in a residential neighborhood, shopping carts all over the lot, litter down the street, congested and increased traffic, unsafe traffic conditions for children going to school, blight from a burned down, arson investigated building, uncut grass, tractors obscuring the clear sight triangle at the corner, illegal signage, sale of products (lottery tickets and tobacco products) not approved by the ZHB, illegal operation as a wholesale distribution center, garbage overflowing dumpsters, vectors, diesel fumes, noise in the middle of the night, odor, ground vibration from dumpster dropping, and on and on...
In addition, they want to make this pigsty larger.
The neighbors don't need no stinkin' open house.
They drive by every day. The view is terrible.