Local Government TV

Friday, October 26, 2012

Hanover ZHB Shows No Love to "That's Amore"

L to R: ZHB members Paul Balla, Joan Rosenthal and Joseph Bednarik
Following a three-hour hearing on October 25, Hanover Township's Zoning Hearing Board has denied Chef Joseph Jurkivo's request to allow seasonal outdoor seating at That's Amore, a gateway to Hanover Township located on Schoenersville Road. Two ZHB members, Chairman Paul Balla and Joseph Bednarik, rejected Jurkivo's argument that outdoor seating on an adjoining lot was a permissible "accessory use." A third ZHB member, Joan Rosenthal, dissented.

In zoning, an accessory use is one that is customarily incidental and accessory to the principal use, such as a shed at a residence.

Joseph Jurvinko is certainly familiar with That's Amore. He started working there as a bus boy at age 15, when it was known as Pane e Vino. He eventually became the chef at Bethlehem's popular Mama Nina. Early this year, he went into business for himself. But he soon learned that he has lots of competition from local area restaurants that offer outdoor seating. That includes nearby P.J. Whelihan's, Prime Steak House, Gregory's and even Wegmans.

Under questioning from his attorney, Mickey Thompson, Jurvinko testified that he spent $115,000 in improvements at the restaurant, including an adjoining lot at which he proposed seasonal outdoor seating for dinner. The area includes a decorative gazebo, bocce ball pit, fountain and landscaping. There would be no music, no alcohol sales, no big-screen TV, and only low-wattage lighting.

Att'y DeVito cross-examines P.E. David Harte
But Township Attorney Leo DeVito argued that Jurvinko's zoning appeal is nothing more than "a veiled attempt to expand the size of this property by 50% in an area that is already deficient in parking." Jurvinko acknowledged under cross-examination that he would be adding 25-30 diners to the 80 maximum that could be seated indoors. Thompson countered, "We're allowed as a constitutional right to expand a business. ... All he wants to do is compete."

DeVito also argued that the outdoor seating is a "principal," as opposed to an "accessory" use. Under Hanover's zoning ordinance, an accessory use is permitted on an adjoining lot under common ownership. But Thompson told zoners that outdoor seating, which requires a restaurant, is necessarily an accessory use. He also hinted that the zoning ordinance, which makes no specific provision for outdoor dining, is a "tad exclusionary."

Where would these outdoor diners park? While the arguments concerning principal and accessory use dominated the hearing, the subplot was focused on a business expansion in an area that is already crowded.

Jurvinko showed zoners lease for 10 parking spots at a small strip mall on the south side of his restaurant. Testimony from both Jurvinko and engineer David Harte established that this lot is never full. A bike shop, dry cleaner, barber and pizza shop usually have customers that come and leave rather quickly.

ZHB Solicitor Ted Lewis questioned whether the owner of the strip mall had an obligation to seek a variance for a reduction in parking. Township Solicitor DeVito argued that he did, while Attorney Thompson noted that parking at a strip mall is far safer than anywhere else in that proximity. Engineer David Harte explained that Jurvinko could add about 6 parking spaces on the adjoining lot, but doing so would cause him to lose six spaces on the main lot.

Although some members of the public came and asked questions, none stuck around for the final decision.

Following the adverse ruling, a grim Joseph Jurvinko vowed to appeal. Township Solicitor DeVito declined comment.

22 comments:

  1. Not so fast... Thompson and Harte are Atiyeh employees. What is going on here?

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  2. You beat me to it, this must be one of Abe's gigs!! No other reason Thompson and Harte would be on the same team!! Abe must be playing hide and seek on this one. And the ultimate decision after the denial, we will APPEAL it. Abe all the way.

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  3. This was the right decision. The parking there is lousy.

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  4. Here goes Mr. Thompson, pretending again that he knows how to interpret the law. This time he is not sitting at the dais with the zoning hearing board, as he does in Bethlehem. It does not matter which side of the dais he sits on, he interprets the law in favor of his boss, or those who would like to legally be excluded from abiding by the zoning law. He is biased, and it shows. How long is he going to be the lawyer for Bethlehem City's Zoning Hearing Board. Enough is enough.

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  5. With what Abe has been doing in Bethlehem, he should resign or be removed immediately!

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  6. Paul, Al:

    I maintain my own practice and my own clients and have done so since 2002. I will continue in the future.

    Paul, I recused myself in Bethlehem Zoning matters involving my company (from both parties) and the Ethics Board in Pennsylvania stated that my actions are above-board.

    And I am proud to be biased in favor of my clients. In fact, that is my charge as a licensed attorney to be a zealous advocate for my clients. But I guess politicians, real or imagined, would have difficulty understanding professional ethics.




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  7. Hey guys, regardless of whether the decision is right or wrong, this has NOTHING to do with Abe. David Harte explained last night that he does some independent consulting on the side. From what I gathered, he is a frequent guest at that restaurant. The owner of all the properties was there and he is not Abe. Jurvinko identified his silent partner and t is not Abe.

    As far as appealing is concerned, if you invested $115,000 in a restaurant and wanted outdoor dining like 4 other restaurants in the immediate area, and the ZHB said No, would you meekly walk away?

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  8. I won't pretend to know anything about zoning laws but the Township's FIRST mission should be accommodating business expansion and parking should be the least of the barriers. Why not let the customers and the free market decide whether parking is a problem?

    And I'm a liberal Democrat.

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  9. What i want to know is, Whose the larger threat to small business? The federal or local governments.

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  10. I actually think Easton will lose this week. Whitehall always seemed to give Easton problems in the past,especially when the game is up at Whitehall.

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  11. Local gov't is far worse for small businesses.

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  12. Government & a Republican Lawyer (DeVito)getting in the way of a small business wanting to expand it's business and stimulate the economy!

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  13. I have no idea about Leo DeVito's political affiliations. But they are irrelevant. His job is to zealously advocate for his Township, regardless of his personal feelings. The same is true of Mickey. They both did an excellent job. The ZHB had to make a call, and did so.

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  14. Could be any lawyer but in this case it's DeVito, he's an "R" and the government he is representing is impeding the growth of this small business!

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  15. And as I have already pointed out once, a lawyer's personal convictions are irrelevant.

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  16. I think ALL government can pose a threat to small business.

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  17. anon 6:55,

    You have demonstraed to the world the cause of your blindness. Your head is way too far up your ass

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  18. Sarcasms aside, piss off!

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  19. At 2:16 PM, I told you Easton was going to lose. Why doesn't anyone ever listen to me?

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  20. Look Guys President Romneys gonna shift some responsibilities to the states and local governments so he can balance the budget.Ya gotta limit regulations and get outta the way of small business so he can create 12,000,000 jobs.O'Reily also banking on 200 of them high paying jobs are coming to allentown so he can occupy the 200 new housing units at 7th and linden.There are big plans afoot so just trust on the math and his magic powers.

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  21. While at first blush, the decision of the ZHB might appear to be against the small businesman, think back to the original establishment where Thats Amore is located. While I may be incorrect, my earliest recollection is that it was a Burger Chef fast food/ take out establishment. At that time the number of parking spaces appeared to be adequate to support such an enterprise. Fast forward to when Pane E Vino was opened, the number of parking spaces were not increased and so parking along Birchwood Dr. became the norm. As it appears now, outdoor dining should not be cause for parking concerns because of perceived available parking at the strip mall next door. Now think, if it happened on the site of Thats Amore where the use changed from a fast food establishment to one of the Premier Italian Restaurants in the Lehigh Valley, what could move into the strip mall next door that would require all of the available parking spaces. Now you have a major parking shortage for not one but two establishments. Would this be acceptable governance? Would this be properly serving the majority of the residents of Hanover Township? While I do have empathy for Mr.Jurvinko, creating a potential larger problem in the future does not justify a short term solution presently. With the winter months approaching, the creation of outdoor dining would not help Mr. Jurvinko compete, addition on-site parking would. My best wishes for Thats Amore to survive and prosper, as it is one of my favorite places to eat.

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  22. How very sad...You have an independently owned and operated business,run by a hard working individual,and you can't find a solution to support this? We aren't talking about a strip joint,a nuclear waste site,or a junk yard...we are talking about OUTDOOR DINING! You can bet you a$$ if that was a Red Lobster or some other big name chain Balla and his crew would be bending over backwards to help them. Don't people understand,if we don't support our independently owned and operated, they can't support our communities...."Mom and Pop" shops are the ones that give to Little Leagues,Schools,Benefits for our Locals....Time to clean house on that Board and get some people who have vision and support the people who make their community a great place to live.

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