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Thursday, January 29, 2015

Bethlehem ZHB Toss Enforcement Notice Against Elias Market


Alex Karam is not just Joseph Kray's lawyer, but a customer, too.
Like the recent snowstorm that never was, the January 28 meeting of Bethlehem's Zoning Hearing Board bore all the signs of a very long night. Elias Market, located at 3131 Linden Street, was on the agenda. Though a Zoning Hearing Board decision allowing an expansion had been affirmed by three different courts, opponents sought and obtained an enforcement notice that would essentially require the busy store to remove its asphalt parking lot. At one side of the room sat lead opponent Al Bernotas and his friends. Earlier that day, he had had supplied a 48-page presentation to the Board that appeared to be an attempt to relitigate matters already decided against him. On the other side sat the proud Elias family with engineer drawings, ready to relitigate matters already decided in their favor. But it was not to be. Instead of lasting hours, the hearing was over in minutes. It seemed to end in favor of Elias again, although this is the case that just won't go away.

The reason for this short hearing? Two words. Joe Piperato. A lawyer, he represents the Elias family. He pointed out that the enforcement notice issued to Elias wasn't worth the paper it was written on, except he didn't use those words. He said it was void ab initio because it never informed Elias of its appeal rights, something required by both state law and the Zoning Ordinance. Solicitor Terry Faul told the Board that Piperato was correct, and just like that, the enforcement notice was dismissed, 5 to zip.

As Elias foes and supporters filed out of town hall, Bernotas sat there, in stunned silence. He was still there as three other cases were heard. He may still be there.

Whether this is finally the end remains to be seen. But Elias Partner George Azar was relieved. "The less I'm here, the better," he whispered on his way out.

With the main event out of the way, zoners tackled the undercard.

As her two daughters looked on with angelic smiles in the audience, Virginia Fowler received the Board's unanimous blessings for a dimensional variance that would allow a greenhouse at her property at 53 E. Market Street,. Attorney Mike Deschler argued that the 2% variance was so slight as to be immaterial. But he didn't use those words. He instead called it a classic de minimis variance.

Attorney Alex Karam, representing computer guru Joseph Kray, persuaded zoners to grant a special exception that would permit him to operate a computer sales and service shop in what had been a law office at 1022 Main Street. "I know he'll be an asset to the city of Bethlehem, Karam assured the board,adding that he is not just his lawyer, but a customer, too.

"Are you employed by him?" joked Zoning Hearing Board Chair Gus Loupos.

Lucy Lennon, acting as the realtor for Darey Hamm, also sought a special exception that would substiute a dog -grooming business for what had been a doctor's office at 1809 Columbine Avenue, right across the street from Notre Dame Church and Elementary School. She called it a "low impact" business that would be operated by a mother-daughter team, a "good fit for that neighborhood. Michael Santanasto and Linda Shay Gardner, both of whom are attorneys, agreed that lennon makes a good case, but suggested she seek a use variance instead of a special exception. So her appeal was continued so she can re-post the property.

22 comments:

Jambiyya said...

ab continues to do what he does best, that is make an ass of himself

Anonymous said...

I can't understand how Elias Market can be seen as anything but a neighborhood treasure. Wonderful products, some available no where else, and the best prices in the Lehigh Valley.

I'm sure for 2-3 neighbors whose yards abutt the market, it's not so hot. But, hey, the market was there first and the homeowners CHOSE to move next to a commercial zone, didn't they?

Fred Windish

Anonymous said...

Wow, seems like an utter f*#!k-up by the Bethlehem CED Department.

Anonymous said...

The Elias Market matter was a fiasco. It should not have been allowed to expand as much as it did (a nonconforming use can be expanded by 50% - that actual expansion over time of Elias was far greater).

The error residents made was not bringing an attorney to the very first hearing - probably 3 or 4 years ago now. By the time they hired an attorney (and a good one), it was too late. The Commonwealth Court ruled the original zoning hearing record was the only one admissible - not subsequent proceedings in which the objectors' attorney was able to put in evidence.

Lesson to be learned. If you object to something, you must make a record of the substantive issues right from the start. If you really want to win - hire an attorney from day 1 to make the best record. Going and saying "I don't want this next to my house" is not sufficient, if the zoning hearing board is not going on emotion, but rather the ordinance.

Anonymous said...

9:41: The first hearing was in 2009.

Bernie O'Hare said...

"The error residents made was not bringing an attorney to the very first hearing -"

It's an error that Bernotas and his fellow NIMBYs repeated last night. Over the years, he has become a bully who interferes in zoning matters that have nothing to do with him, trying to ruin zoning applications from decent people who are already nervous. He really demonstrated his pettiness when he objected to one poor lady who wanted to do a home occupation located miles from his home, and then got all cute when questioned about his standing. Bill Schieir does the same thing. Neither is being very helpful to anyone but their own egos. These two even go around checking to see if properties are posted so they can try to play a game of gotcha'. They are not going after developers, but ordinary people. Bernotas actually gets developers to take him to lunch and then speaks in favor of their applications.

Anonymous said...

Bernie, sometimes you get things 100% wrong!!! It has nothing to do with the pavement in their PARKING LOT! DUH.. Its the paving on the Linden Side and in back of the new warehouse that is suppose to be lawn and trees.The meeting last night had nothing to do with the neighbors objecting... it was the City of Bethlehem because Elias Market started paving without a permit and also violating the ZHB conditions that they couldn't INCREASE anymore interior or exterior retail. By them paving on the Linden Street side the Zoning Officer told them to remove it by an enforcement notice. The notice wasn't prepared properly. The ZHB put conditions on Elias Market when they granted them the right to expand in 2011. One of those conditions was to not expand any retail. Elias ignores all of the conditions and even ignores the City by not getting permits to pave 4000 sq ft. So you feel that that makes them wonderful, right? I get the feeling you live in an apartment because you certainly don't understand what it is to be a homeowner. Before you print anything you should be clear on the facts. That's what a good reporter or blogger would do! Have a good day.

Bernie O'Hare said...

Look, if this had nothing to do with Bernotas ET al, why tge 48- page presentation? Also, the paving is on part of the parking lot. This has nothing to do with zoning. Your anonymous personal attack makes clear to one and all where you are coming from. Time to move on.

Bernie O'Hare said...

"I get the feeling you live in an apartment because you certainly don't understand what it is to be a homeowner."

I love this. Only homeowners may comment on zoning matters, unless you're opposed to Elias. A homeowner can comment on a zoning matter located 5 miles away from his hiome and can harass good people who are trying to do things the right way. You have become bullies.

Anonymous said...

Crazy Old Lady is with Fred all the way-- Elias market is a neighborhood treasure, a source of good produce and some great cheeses, eggs, spices and dried fruit and nuts, and other grocery products; as Fred says, some of them cannot be found anywhere else I know of, and at good prices. I love it that they are less than a mile from my house. They provide a good, and a legal, service, to the neighborhood, they work hard, they are decent people, and these PITA micromanaging jerks who are harassing them ought to take a long walk off a short pier, and disappear, already!

Remember when Al Bernotas was objecting to the proposed day care center at the opposite corner, Linden and Johnson? Only a few short blocks down Johnson from his own day care center? Remember his idiot bully response when that fact was brought out? And BTW, his house is not adjoining to the Elias Market property, it is a good long way down Johnson Drive, and he cannot even see Elias Market from his front stoop.

If I had miracle vision, I bet I might see somebody in competition with Elias "encouraging" Al's obnoxious behavior...and making it worth his while, if you get my drift.

Anonymous said...

Bernotas and his fellow NIMBYs have been a thorn in the side of city government sin 2008. Bernotas even had the gall to think he could be elected a city councilperson with his inflated sense of purpose and was kicked to the curb. Bernotas and his fellow NIMBYs are ALL carpet baggers that bough the homes from the pitchel orchards that surrounded the market, then they move in and want it shut down. Bernotas and his fellow NIMBYs should be sued by Elias Market for harassment similar to the lawsuit filled by Benner against Barron and that horde of NIMBYs

Anonymous said...

Re. Bernie O'Hare 11:21

Bernie, you still have it wrong....

The pavement in question is no where near the parking lot! Why would the Zoning Officer and the City Code Officer object to the paved parking lot... Use your head! If you don't believe me, ask Elias where the pavement in question is and ask them who stopped them! It wasn't the neighbors! IT WAS THE CITY!

The pavement in question is on the Linden Street, fenced in side and in the back of the new warehouse where it is partially paved before Craig Hynes stopped them from continuing.

The cease and desist citation that Elias pled guilty to and paid a $200.00 fine for in May, 2014 in Municipal Court was signed by the City Code
Officer and the City Zoning Officer. If you have any documentation on this in your possession, read it and think real hard because you certainly don't understand the issue for the meeting the other night.

Please Bernie, get your stories straight and stop spreading incorrect information.

The neighbors weren't even involved with the meeting the other night. They were only there to support the Bethlehem Zoning Officer who issued Elias an Enforcement Letter to remove the illegal pavement on the side and back of the new warehouse but the Enforcement Letter of July 7, 2014 from the Zoning Officer wasn't prepared correctly according to MPC 616.1 and the Zoning Hearing Board Solicitor agreed with Attorney Pipperato and that's why it couldn't be heard the other night. It doesn't mean that it is over.

The 4,000+ sq ft pavement on the North and East (Linden St. side and back of the warehouse) was never on the approved site plan as PAVEMENT and the Planning Board didn't approve it.

The approved Site Plan shows it as lawn and trees to be used as a buffer to make it look nicer for the neighborhood and then Elias tried to pull a bate-and-switch tactic by just one day illegally paving with no approvals or permit so they could use the pavement to increase their retail sales for plants, trees, etc. which, btw, is a violation of one of the many conditions imposed on them by the Zoning Hearing Board back in 2011 when they were granted permission to build their warehouse and docks. The fine they paid was in April, 2014 and since then they have been asking for ZHB continuances because the ZHB normal Solicitor is either Elias's relative, friend, etc. but none the less has must recuse himself when Elias is involved. Ask your friend Gus if you don't believe me!

Bernie and anyone else reading this, now do you understand! Bernotas, et al, had nothing to do with this! Stop slandering him, et al. eye yi yi

Bernie O'Hare said...

I don't think anyone gives a shit what you are saying herr anonymously. bernotas had everything to do with that citation. Bernotas hounds the zoning office with complaints, and had a 48-page "presentation" filed with the board. He comes to zoning meetings just so he can oppose variances sought by other people. Because he lost, he wants to make life miserable for everyone. I am glad that the ZHB has finally put its foot down with you and has stopped you from testifying in cases that have nothing to do with you. Who do you think you're kidding?

Anonymous said...

Anonymous said...
Wow, seems like an utter f*#!k-up by the Bethlehem CED Department.

8:31 AM

Who is the Bethlehem CED? Who was really responsible for this screwup the other night?

Anonymous said...

Anonymous said...
I can't understand how Elias Market can be seen as anything but a neighborhood treasure. Wonderful products, some available no where else, and the best prices in the Lehigh Valley.

I'm sure for 2-3 neighbors whose yards abutt the market, it's not so hot. But, hey, the market was there first and the homeowners CHOSE to move next to a commercial zone, didn't they?

Fred Windish

To Fred: The Roadside Stand, that became a super market after the neighbors were there, is in a Residential Zone not the other way around!

Bernie O'Hare said...

It was a food market not a roadside stand for years before the neighbors decided to move in to their properties and declare everything around it a nuisance.

Anonymous said...

3:33 -

I don't have any idea what its zoning designation is now.

However, I considered building there when Zaworski first began construction on that site. Also toured 2 spec homes there, but decided not to participate. I am certain the original structure was there and operating before any of the street behind was cut.

Doesn't really matter. My point was, and still is, business activity that depended upon drive- up customers and parking WAS, indeed, an existing condition.

If this is a concern over improper paving, they can pay the fine, rip out the offending asphalt, and simply drive over gravel, if needed.

I shopped there about 5 days ago. It didn't appear the area in question was being used by the general public. If I'm not mistaken, there was even a fence that would prohibit access from Linden Street.

In the end, for me, Elias Market is a wonderful business that I have enjoyed for a long time. Had I decided to live next to it, I likely would have walked to patronize Elias Market nearly every day.

To each his own, I guess.

Fred Windish

Anonymous said...

Lol Bernie you seem flustered! Calm down BIG boy!, You are right, Pichel's was a real treasure to the neighborhood and his neighbors too.

Bernie, answer Fred, and admit to him that Elias is in a RESIDENTIAL ZONE not the other way around. For that reason, Elias can't just do what he wants to do.

Bernie, educate people don't avoid the truth. If you want to be a true blogger, blog, don't just mud throw at people you don't like.

Don't avoid the truth. It's illegal to pave over 4,000+ sq ft. without a permit or approval from City Planning or the Zoning officer or variance.

Elias disobeyed the law and paved and the City caught him. Shame on him and shame on you for disregarding the true issue here.

Bernie O'Hare said...

Nobody denies it is s residential zone. And the market has been there, and not as a roadside stand, for many years. It was there when all the homeowners built around it and did there best to ruin the business. They failed, both before the ZHB And at three different court levels. So now they deluge city officials with bullshit code violations. One of their members, Al Bernotas, routinely interferes in other zoning matters, even to the point of checking to see if properties are properly posted. Even here, they disingenuously try to argue it was just a roadside stand when those homes were built. Tinged by bitterness, they have lost all perspective in this matter. Bernotas claims this had nothing to do with the neighbors, but I had to point out his 48-page "presentation".

Anonymous said...

Bernie, you are so skewed! It's the city who wants Elias to obey the law and conditions imposed on them in order to build their warehouse.

So you think that over 4.000 sq. ft of pavement is "bullshit code violations" and the city should just let them do what they want. Rofl

Tell me, did you go to Allentown and fight for Elias to add a warehouse to their other store! Allentown ZHB was definitely smarter than ours because they DENIED IT! Only one making money is his lawyer.
Poor Elias Lol

I'm done..... you are truly a real jerk

Bernie O'Hare said...

I'm gratified that you feel that way. I have no respect for anons who get personal, make dishonest arguments and like to bully zoning applicants. As for the Allentown ZHB, that's the last place I'd look for a non political decision.

Anonymous said...

Carma's a B&#*h.... You and Elias will get yours