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Nazareth, Pa., United States

Thursday, November 21, 2013

Struggling Deli Owner Granted Expansion, Longer Hours

Like many small businesses, Tomino's Deli is struggling. During his 14 years at 1037 Main Street, sub shop owner Bill Tomino has been required to close by 6 PM nightly while other places can set their own hours. He tried to supplement his income with late-night deliveries to Moravian students, but was thwarted by a cease-and-desist order. Since 2010, he's been operating at a loss. Forced to sell his Bethlehem Township home, he now lives by his Main Street property.

Things have been tough, but thanks to a 3 to 1 decision by the Zoning Hearing Board at their November 20 meeting, Tomino now has a fighting chance. He'll now be able to operate his deli shop from 10 am to 11 pm seven days a week. What's more, he will be allowed to double his shop size from its current 540 sq ft so that he can offer some hot food and even provide a few tables for patrons.

"How do you support a family out of a 540 sq ft shop making hoagies?" asked Attorney Joe Piperato,  representing Tomino.

According to Tomino, he compared his shop to three nearby restaurants in the largely residential neighborhood. They all can set their own hours. They all serve hot food. their customers can dine in. He likened his deli shop to a high school team trying to compete against the NFL. "If I can't compete, I won't exist," he told zoners.

But a small and very vocal army of neighbors opposed Tomino over the course of a 90-minute hearing.

Martha Popichak told zoners she owns a turn-of-the-century home with a fresh coat of paint. "This is not the kind of person you want operating a business across the street," she complained. Her husband Andrew predicted that property values would drop "while he blows smoke over the neighborhood from his deep fat fryers."

Tomino had previously told zoners that he would install exhaust fans for a grill and fryer, but they would be located between two of his own buildings

Grace Kelleher, who has lived in the area for 59 years, told zoners that Tomino has been a bad neighbor, and ticked off a litany of complaints. It took him four months to remove a broken tree limb after Hurricane Sandy caused electric wires to slap onto her roof shingles, breaking some of them. It also took him until June to replace the sign torn from his property during the hurricane. "I find it to be an eyesore," she testified, as Tomino shook his head.

Under cross examination, Kelleher conceded that her abutting property is actually a garage, not a residence.

But one neighbor, and one who has been a Tomino customer for the past four years, supported the expansion request. "Everybody deserves a shot," argued Joel Dellinger. "I prefer to just be able to walk to a restaurant in my neighborhood."

"Do you rent?" shouted out one of the homeowners opposed to Tomino, but an objection to that qestion was sustained while Dellinger told his inquisitor that it was none of her business.

Piperato told zoners that Tomino has a vested constitutional right to expand his business, quoting from a Supreme Court ruling that a zoning ordinance "which would allow the housing of a baby elephant cannot evict the animal when it has grown up, since it is generally known that a baby elephant eventually becomes a big elephant."

"I don't think it's going to become a big elephant," Piperato added.

After twenty minutes of deliberation, Tomino was granted both expanded space and expanded business hours. Only Zoning Hearing Board member Michael Santanasto voted to deny relief.

30 comments:

Anonymous said...

At least you didn't cut the cheese. Or did you?

Anonymous said...

i know that neighborhood pretty well. frankly, none of the houses are that impressive, that their alleged "value" would be affected by this guy

Anonymous said...

Bernie,

SO SO article. You got some things right and some things wrong. I think you should go back to being an attorney......Oh sorry you can't :( But, you are NO journalist either...Get the facts right or stop writing "News"

Anonymous said...

If business guy wants to be good neighbor keep property clean, painted, smell-free, sidewalks cleared, no garbage outside pails,
and it should work out. Bernie says there are three nearby restaurants open anytime they wish, only seems fair.

Anonymous said...

There is more to this than you are saying BO. Do some research. Look at the players who were against this deli when it first opened up. Research who held high positions in the city that were able to make life tuff for this guy. More is there....just keep looking

Anonymous said...

You may not be able to cut the mustard but you can still part the waters.
Hokie Joe

Anonymous said...

I love the "you're wrong on the facts" but no citation of incorrect facts, and the "there's more there, Bernie you just keep looking" with no citation of what they're talking about, except that it's with authority.

Bernie I don't know how you do it sometimes.

Anonymous said...

Bernie always does a great job reporting on these types of storys. It seems pretty straight forward and the zoning board gave the guy he approval. Hard to believe there is a hidden story here. I do agree that Tomino should make every attempt to be a good neighbor. As long as he can accomplish that, then expansion of the business should blend well with the rest of the neighborhood.

Bernie O'Hare said...

I never get comments like the one at 7:15 on my zoning stories. To me, these are a break from the usual political stories.

I do know that Tomino has had a turbulent history with the City, and that might be worth another story down the road. I do intend to visit him on Friday, and discussed that with him right after the hearing. But frankly, last night was about the record last night. I tried to be fair, presenting his contentions and the neighbors' complaints.

If there are some facts i have that are wrong, please let me know what I have wrong and what is correct. I am interested, first and foremost, in being accurate.

Bernie O'Hare said...

"At least you didn't cut the cheese. Or did you?"

Stop being such a hot dog.

Anonymous said...

Bernie please know in this time of mourning that your friend was loved and respected by many, time will heal this wound and his memory will still shine bright.

Anonymous said...

the truth is that the city has tried to screw this guy every way they could - not that he is an angel but zoning and herr evans have a hard on for him. bethlum at its wose

Anonymous said...

Your buddy Fleck just got served on Ch. 69. The Reading Mayors finances are in trouble.

Oh Yeah!!

Anonymous said...

Just ncpub'ed Martha's house. As I figured not much there. Stop trying to make it sound like you are living in some house down on Church St

Hank_Hill

Bernie O'Hare said...

Hank, in fairness, I should point out that Martha did ultimately apologize for her remarks. I did not point it out in my story and perhaps I should have done so. I did not point it out bc those kinds of remarks were made again, after the apology.

Anonymous said...

Tomino is a good guy and makes a good fresh hoagie. He is only trying to make a living. The Bethlehem board has been pricks to him for years. Just because he dosen't conform and speaks his mind is no reason to hassle him over making a living. Hopefully this will be positive for him and he can better substantiate his earnings. Best Wishes

Anonymous said...

Has he been a good neighbor?
Yes or no?

Bernie O'Hare said...

People can be very nasty at zoning hearings. The people who were there to speak against Tomino were shaking their heads at Moravian College, too, about their desires to erect a fence to keep children from getting hit by balls. Ms. Tomino was pretty nasty, and unnecessarily so, coming off as a snob. Tomino does not appear to have been the best neighbor, but has been far from the worst. From the evidence I heard, he would have the resources to be a much better neighbor if he were allowed to earn a living. Whoever heard of a small deli like that being forced to close at 6 PM when it is next to a college? That is just ridiculous, especially when you have a laundromat two doors away that is open 24 hours.

Anonymous said...

Martha is one of the very best people, in a city of good people, I have ever known. Ever!
.....but I believe you already know that
Bernie. No?

Bernie O'Hare said...

I do not know Ms. Popichak, whom I mistakenly called Ms. Tomino, in my earlier comment. As I indicated, she was pretty nasty.

Bernie O'Hare said...

Let me add that, if it is a city of good people, that should include Mr. Tomino.

Anonymous said...

People get tired of inconsiderate neighbors. Home owners, rentals or small businesses. Bad neighbors suck.
People should be inclined to give bad neighbors more latitude??????
Where does this happen????!??

Bernie O'Hare said...

This is a two-way street. During the hearing, I listened as Tomino's neighbors slammed Moravian College. That institution only wanted to erect a fence to prevent line drives from crushing a child's skull. Moravian was derided for trying to be a good neighbor. You practically bankrupted Tomino, and now slam him for not keeping his property to your standards, when it is your own actions that have caused his financial hardship. Give it a rest already. Or take it to court and make an ass out of yourself, as you did before the ZHB.

Anonymous said...

He could move his operation to a strip mall where he could be rude and arrogant and have a "fuck the neighborhood" attitude and nobody would cars.
Just an idea.

Anonymous said...

Oops! Nobody would care.

Anonymous said...

Didn't you go to collage with Martha,
Bernie?

Bernie O'Hare said...

I don't know or much care. You seem to think your connections should influence how I write or even what the City should do. You now know you are wrong on both counts, I don't give a rat 's ass whether you went to college with me or know this person or that, and am disgusted at your presumption that.such an assertion would make a difference. You instead pissed me off. I would rather have 10 Bill Tominos around me than someone like you.

Anonymous said...

Glad to hear that she back tracked some on the comments.

Hank_Hill

Anonymous said...

Bernie, I don't know anything about the issue on his zoning, but this guy makes the best sandwiches in the Lehigh Valley.

I went in and he was a little---well----deranged by his experience. Talking about his problems and has pictures of the newspaper stories up all over the place.

I really didn't want to hear any of it, I just wanted a sandwich, but damn. Best sandwich I have had since I was a kid in South Philly.

I will bear his complaining to customers in the future many times because it's a sandwich you can't pass up. I don't care what his fryers smell like or if he removes tree limbs in a timely fashion.

Anyway, everybody reading the comments should just stop in and get a sandwich some time. It was one of the best I hvae had in a long time.

Anonymous said...

Who cares if he's not a good neighbor?
Certainly not me when I'm hungry.