Following a performance that could rival Hamlet, Bethlehem Planning Chair Larry Krauter single-handedly persuaded Elias Farmers Market to grant a 90-day extension for plan approval at a February 10 meeting. It's the latest chapter of a zoning saga that pits a busy market's desire to expand against neighbors concerned about their quality of life.For a second time, Bethlehem Planners listened as engineer Steve Pany detailed plans for a 3-bay loading dock, as well as well as landscaping changes, at Elias' Linden Street market. But as passionate as ever, Sue Fang listed concerns about a loading dock only 40' from her back yard, idling trucks and noisy HVAC coolers.
Calling the Zoning Hearing Board "inept", Al Bernotas announced that his neighborhood group, the Bethlehem Homeowners Association, have again appealed a Zoning Hearing Board decision that would allow an Elias expansion to 19,279 square feet. He claimed his real argument is with zoners, not Elias. "I can't wait until this is all over so I can go into Elias to buy bread," he said.
But he also claimed that the Elias family, during a meeting with Bethlehem neighbors, had bragged about "inside connections" at the Courthouse that would assure them victory on appeal. That comments brought the usually quiet George Azar, one of the market's owners and managers, to his feet. "What did he say?" he angrily demanded.
Yong Hao appealed to planners, stating, "I know there is something you guys can do." But Kraueter answered that, although "sensitive to your situation," their sole role is to determine whether the plan submitted "meets the conditions of the zoning hearing board decision and Saldo [Subdivision and Land Development Ordinance]."
Noting the appeal, Planner Jim Fiorentino moved that planners reject Elias' plan. "I, for one, am not interested in voting for a plan that is not the final plan," he reasoned. He added that Elias should move the HVAC system closer to Linden street, and away from the neighbors. But planner Steve Thode disagreed. "I believe the applicant has complied with all the applicable land development guidelines. They have been responsive, not only to their neighbors in a variety of ways, but also with our planning staff. I don't know what more the applicant can do to satisfy us as a planning commission." He added that the zoning appeal should be irrelevant. "I cannot see how litigation s going to affect the site plan," he reasoned. "Didn't affect it the first time. So obviously, I don't see where it's going to be an issue the second time."
Andrew Twiggar joined Fiorentino in voting to reject the plan. Katie Lynch joined Thode in voting to accept the plan. This left everything up to Chairman Larry Krauter, who proceeded to put on a brooding Hamlet performance that would make Ben Kingsley envious. In the middle of a vote, and in complete disregard of Robert's Rules, Krauter weighed the pluses and minuses of the plan for over a half hour.
Finally, he reached out to Elias and asked them to agree to continue this matter for 90 days, giving them more time to talk to their neighbors. Engineer Steve Pany agreed, and the curtains closed on the latest Act.
18 comments:
Larry Krauter is the best planning guy one could have in that role. He is a man of principal and character and sensitive to the needs of the citizens of the community.
If only someone in City Hall would step up to play that role.
The Zoning Board's Decision was upheld by Judge Koury and Judge Smith how many times now and it's "inept?"
Maybe someone should purchase Mr. Bernotas a dictionary.
To Anonymous... maybe because they heard all lies. Judge Koury did not uphold the case (get your story straight) and Judge Smith sent it back to the ZHB (Kangaroo Court). But, Judge Koury is Elias's very good family friend who received money from Elias for his election and Koury could influence other people in the court system, right? Corruption - why don't you check that in the dictionary. At least Al Bernotas cares about what happens in the city and to neighborhoods and especially how PEOPLE'S LIVES are effected by what the ZHB doesn't take seriously. City Council knows how bad they are that's why they are fighting with the neighbors on this. The ZHB has been "inept" many times and City Council is sick of it!!!! Now that the lies have been unveiled, let's see what Judge Smith will do! Hopefully justice will prevail because it is just wrong what has happened.
Oh now everybody lies... You people are really foolish to follow the clown Bernotas into battle... can't you see the money being wasted?
And as far as the zoning board their decision was upheld by the courts.
Mr Bernotas is using this to try to run for office and he is USING the neighbors too... Don't be fooled by this wolf in sheep clothing he cares only of himself and his podium...
To Anonymous: How about the money YOUR wasting putting a monstrosity of a building up but NO ADDITIONAL RETAIL SPACE, NO DISTRIBUTION CENTER AND NO STORAGE OF GOODS FOR YOUR OTHER STORE. SOMETHING SMELLS AND IT MIGHT NOT JUST BE THE FOOD!!!
sounds like your upset with Al Bernotas and please, no name calling. That is childish. Why are you assuming it is only Al Bernotas pushing this issue. It is a lot of people in the entire neighborhood and beyond fighting for their health and well being. SETTLED, BUILD NEXT TO YOUR HOUSE!
I can see why Anon. 11:00 is remaining anonymous. Accusing a sitting judge of corruption while not having any evidence. Wow.
Is City Council going to join in the latest appeal? If they don't, are they also inept?
Is City Council going to join in the latest appeal? If they don't, are they also inept?
City council should have also not listened to that fool Bernatos and his lot as they overstepped their jurisdiction and meddled into matters ONLY to further their political careers...
Making up facts, creating scenarios, reaching back to the 20s and 30s to try and make a case, calling 2 judges corrupt, zoning boards Inept, Lawyers Playboys, City Staffers "on the take" Will get Bernatos many friends and he will be able to influance much in the city of Bethlehem... What a JOKE
This whole case is a lot to do about nothing. The market has been there for eons. Fact. The homes are relatively new. Nobody, in their right mind moves next to a relatively busy business and thinks that it will stay contained in its current form forever. If I were the Elias owners, I would consider suit against the neighbors for damages including but not limited to costs for engineering, legal, and lost profit. The City Planning Commission should have simply approved this application. Its roles are limited. A conditional approval with the zoning matter being resolved would have been all that was needed. Now... by extending this, all they have done is caused the matter to be dragged out further and give more hope to the neighbors that they can win this in the Planning arena when, in fact, they can't. For the love of gawd, can this case be closed??? BTW... I don't live in the City, work for the City, patronize Elias, live near Elias, drive by Elias on any regular basis but I do know a lot about how government is hampering business growth with all its silly regulations. No wonder our economy is in the hopper.
to anonymous 7:35am
The neighbors aren't concerned if the buildings stay as they were when they bought their homes and if Elias would abide by the rules for any business, such as, curtail your garbage, don't run diesel trucks all hours of the night,etc. ZHB and Elias' engineer erred about the size of the existing building to get the approval. If the law says you SHALL (MUST) not exceed 50% of the size of the building when it became nonconforming, then so be it! Why should they get an expansion of 338% in a Residential Zone! When they bought that business they knew it was at maximun or should have known like you said about the neighbors. Does that make sense to you now? Do your research anonymous before you open your mouth. The neighbors loved the Pichel's Farmers market but Elias' is filthy and the expansion is ridiculous. Now do you get it? Since you don't live there go back to your home wherever it is and MYOB! Are you by chance friends with them?
To Anon 9:52
The ZHB did NOT err in the size of the expansion. Evidence was presented by the elias engineer as to the sizees and no evidence was presented by the neighbors to dispute the size at the first meeting. ZHB had to vote on what was presented, they don't hire their own engineers to dispute testimony. And; apparently Judge Smith agreed with their decision since he ruled in favor of the ZHB
To Anon 8:08
So what your saying is that a resident of Bethlehem can go to the Zoning Board Appeal Hearing and have his Engineer lie along with the Zoning Officer and when the ZHB finds out about it that they shouldn't correct the mistake in the decision that they made. Is this your moral of the story, the residents should lie to get what they want and the ZHB turns their head. Are you nuts? Good thing your not on the ZHB!
To Anon 8:08
fyi, when asked under oath Engineer Pany said he never measured the existing building! DUH!! What Engineer wouldn't measure the existing building before doing an expansion. He asked JLZ who didn't give
Pany the correct dimensions, what a JERK. Now how do the residents dispute this in the 1st meeting which gives them only 7 days to get a lawyer and try to find out what Elias was going for because JLZ or Zoning Officer OMITTED the articles for the variances! It's called railroad your opponent! Eias had planned this expansion since 2008 how could the neighbors even find out all the issues never mind dispute all of the issues on the first night. They should have been granted a CONTINUANCE! THAT WOULD HAVE BEEN THE RIGHT THING TO DO FOR ALL CONCERNED!!!
I FEEL BAD FOR YOU PEOPLE. YOU HAVE NO LIFE.
I feel bad for you because you can't see how wrong snd the power that the Zoning Hearing Board has. The Mayor shouldn't be the one picking the members on the ZHB it should be the people of Bethlehem. Why don't you go to some meeting and find out what its really are about!!
For someone who seems to be so concerned with misappropriation of city funding, Al Bernotas was able to manipulate city council, and drag them into a long expensive battle, that was not a necessity for the city of Bethlehem, against a local business to settle his own vendetta. The funds used to fuel his own agenda could have been better spent on local parks and recreation. Funny how Bernotas’ principals and values change to suit his goals.
I understand your anger, but I don't think the City spent more than few dollars. Their City Council Solicitor got involved, but he is paid a salary, not by the hour. Moreover, the ZHB imposed some very significant conditions on the Elias expansion, largely as a result of many of the concerns raised by Bernotas.
I believe the case might even be settled if the Elias family could agree to move their loading ramp just ten more feet away from Sue Fang. I will also add that the Elias family has been very cooperative all along. I think that if a lawyer like Dave Backenstoe were involved from the beginning, this matter would have been resolved to everyone's satisfaction. Since he has been involved, he's done wonders.
The sadness here is not Al or the Elias family. What's sad is these are ALL very good people. Sometimes, positions harden.
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