After three hearings, a judicial remand, four lawyers, twelve hours of testimony before packed houses, Bethlehem zoners on November 29 arrived at the same conclusion they did the first time, well over a year ago. Elias Farmers Market, located at 3131 Linden Street, was unanimously given a green light to expand their warehouse and loading dock. But heeding neighborhood concerns about trash, truck traffic and possible use as a warehouse distribution center, a laundry list of conditions was imposed. Al Bernotas, informal spokesman for the "Bethlehem Homeowners Association" spearheading the opposition, vows an appeal will be filed.
Bethlehem's beleaguered Zoning Hearing Board, which has come under increased scrutiny during a year of litigation, was actually complimented by all attorneys. "You have allowed everybody who wanted to say something, to say something," noted Elias Attorney Joe Piperato. "Every moment that I've been here, this Board has been absolutely professional," added Attorney David Backenstoe, who represents three families opposed to the expansion. Bethlehem City Council Solicitor Chris Spadoni stressed that public participation "has been a culture and tradition in ths City that we hope leaves here tonight as well as it has in the past."
Niceties out of the way, attorneys then blasted away. Backenstoe claimed that the market was actually being expanded 338%, well in excess of the 150% permitted under the zoning ordinance. Not so fast, claimed Joe Piperato, who contended that the amount if the expansion had already been approved by a court, and the only real question was whether opponents could prove a detrimental impact on the neighborhood. It's "deleterious," says Chris Spadoni. "When City Council looked at this, they found that those effects ... were so deleterious that they intervened in this matter to protect the residents."
Two witnesses - Yong Hao and Wendy Arbushites - gave separate power point presentations containing videos and photographs showing that current conditions are already detrimental. Arbushites, who claimed "my entire back yard is their market," showed garbage and delivery trucks at early morning hours, litter strewn in the Elias parking lot, rusted metal along the side of the building, and as many as 8 trucks parked on the lot at one time. She showed school buses idling in the parking lot at 6:35 AM. She even had photos of Elias trucks making illegal turns onto Linden Street. "With the proposed increase in the building footprint, we feel there will be more traffic, more garbage. Why should the neighbors believe that conditions will improve when the property is not being maintained properly now?" she asked.
Yong Hao stated that a one-bay loading dock, located 240 feet from his property line, will be replaced by a three-bay loading dock, located just 40' from his property line.
Neighbor Carol Kuhns complained about a "big box" warehouse in a residential neighborhood. "They go home at night. We live there. This is our home."
Elias had supporters, too. South side resident Rolf Treisner, who shops there, simply stated, "They need an upgrade." Kathy Capuano, who has lived next door for forty-one years and whose family once owned the market, denied smelling any garbage. "The loading dock really isn't safe because I worked there. Things slide off the truck, it's not safe," she said.
One Elias supporter, Sudantha Vidanage, made the mistake of claiming that Elias opponents with names like Guishu Fang, Alfonso Bernotas and Yong Hao have something against "first generation immigrants." He was quickly stopped by Zoning Solicitor Mickey Thompson, who warned, "We're not going to go on any personal assassination attacks on peoples' character."
Elias had supporters, too. South side resident Rolf Treisner, who shops there, simply stated, "They need an upgrade." Kathy Capuano, an Elias next door neighbor for forty-one years and whose family once owned the market, denied smelling any garbage. "The loading dock really isn't safe because I worked there. Things slide off the truck, it's not safe," she said.
One Elias supporter, Sudantha Vidanage, made the mistake of claiming that Elias opponents with names like Guishu Fang, Alfonso Bernotas and Yong Hao have something against "first generation immigrants." He was quickly stopped by Zoning Solicitor Mickey Thompson, who warned, "We're not going to go on any personal assassination attacks on peoples' character."
In granting the expansion, zoners have imposed stiff conditions: use of the warehouse for wholesale distribution is banned; idling by any vehicles or storage of any buses or trucks not already owned by Elias is prohibited; no refrigerated trucks may run on the property; compressors must face Linden Street, away from residences; buffering and landscaping is required; no expansion in hours of operation; no additional retail space is permitted; no future expansions of the warehouse will be permitted; and no trash pick-up before 8 AM.
After announcing their decision, Board Chair Gus Loupos - like Planning Chair Larry Krauter and Judge Edward Smith - strongly urged all parties meet and try to resolve their differences. "If we can do that, then we're going to show the spirit of what Bethlehem is about. We've done this in the past. I think it can be done now."