Zoners Nix Atiyeh Offices at Center Street Home

2110 Center Street to remain a residence ... for now

Bethlehem zoners have denied a use variance that would have permitted developer be Atiyeh to relocate his offices from Whitehall Manor to a residence at the northeast corner of Center Street and Dewberry Avenue. Following a three-hour hearing on July 23, attended by approximately 40 neighborhood opponents, Atiyeh's application was denied by a 4-0 vote.

Atiyeh's right-hand man, engineer David Harte, told zoners that there would be no changes to the residential appearance of the property, located on a 0.67 acre lot at 2110 Center Street. Instead of occupying it as a home, up to 9 Atiyeh employees would work there Monday through Friday, from 8 AM to 5 PM. Eleven parking places, accessible from Dewberry Avenue, would be screened from nearby residences. No signage would advertise the business, and there would only be an occasional visitor. He assured everyone that a business use would not change the character of the neighborhood.

Harte added that the property, 4 times the size of lots across the street, is a "unique" property, a poor fit for a family with small children. In addition to being adjacent to a church with a large parking lot, Harte noted the heavy traffic in that area, as well as a traffic light at a "busy street corner" and the lack of a sidewalk on Center Street. He added there are already numerous nonresidential uses in the area, from Kirkland Village stores to a nearby cemetery.

Representing Atiyeh, Attorney Mark Malkames characterized the proposed business as Low impact, low intensity, nobody knows they're there" kind of use.

But neighbors argued that allowing this business use would open the door to other businesses wanting to move into a residential area.

Mike Polay argues against business use

Main Street resident Mike Polay likened the situation to a "camel getting his nose in the tent," arguing there are "plenty of other places where this use is proper." Vicki Ebert expressed concerns about accidents that would be caused by increased traffic at the site, adding that she personally witnessed three accidents of vehicles being rear-ended while trying to access the property. And Brian Taylor, who is raising three children across the street, disputed Harte's contention that traffic makes the neighborhood unsafe for children.

Frank Kovacs, a contractor who lives on nearby Main Street, called the proposal "unconscionable," and cast doubt on Atiyeh's intentions. "You give him an inch, he takes a mile," he argued.

Representing six of these neighbors, Attorney Steve Goudsouzian argued that Atiyeh had failed to meet any of the criteria for a variance. "If you find this is unique, you open the door to every single person in Bethlehem to come in and ask for a variance, willy nilly."

Although Atiyeh's request for a use variance has been denied, this might be a pyrrhic victory for neighborhood opponents. A new zoning ordinance, under consideration by City Council, will allow business uses on corner properties by special exception, providing there is evidence that the property was used as a business.

Harte produced aerial photographs and permits establishing that this Center Street corner property was used as a greenhouse until some point in 1972.

In other business, zoners voted 4-0 to allow Christopher Brumfield to erect an above ground swimming pool at 719 Hawthorne Road. Brumfield needed a variance to move the 12'-diameter pool away from power lines. Neighbor Kenton Sem complained about the noise that would be caused by a pump on a "postage stamp" lot, but Brumfield assured zoners that noise levels would only increase about 6 decibels.

Normal conversation, from a distance of 3', has a decibel level of 60.

Zoning Hearing Board member Michael Santanasto was absent.