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Tuesday, July 24, 2012

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.

12 comments:

Anonymous said...

There are so many commercial offices available (especially downtown); why here?

Anonymous said...

I can see where a small business office opened 8 hours a day five days a week would really make this neighborhood a horrible place to live.

Be careful what you wish for.

Al Bernotas said...

My wish would be that we do the best we can to keep the camel's nose from getting under the tent.

A use variance goes with the land; the buildings can change over time, without a new use variance. And do not let the attorney for the appellant blow smoke about no further development could occur on the corner when the camel sells the property. The new camel could ask for another use, and maybe a more egregious use.

The tract is residential. Keep it that way.

The new zoning ordinance is not even out of the oven, and the camel's are surrounding the tents.

It appears that the Zoning Hearing Board, as it was constituted on August 26, 2009 is gone. At that time, the ZHB let the camel put its nose way under the tent. The inhabitants of that tent are still fighting back from this ZHB propensity to let the camels have their way.

The newly constituted Zoning Hearing Board has recently been doing an admirable job of seeing to it that the zoning ordinance is upheld. That is very good news. I hope they can keep that up.

And also encouraging at last night's Zoning Hearing Board meeting was the fact that a City Councilman, David DiGiacinto, was present for the meeting. Only City Council can represent the interests of the community. They automatically have standing for every appeal. The residents need City Council's involvement on an ongoing basis, especially with use variances, which effectively rezones a property without legislative approval.

And Mr. Harte continues with his bullying ways, (always encouraged by his boss, the big camel himself) threatening to revive the appeal for a drug rehab on the corner, or maybe even a group home. Nice touch, a big guy with a big club. Try a Dale Carnegie course.

Please, bring on the next camel.

Mark Baker said...

the board obviously has a perpetual hard-on for Atiyeh. He will win in the end when the zoning plan is changed.

Anonymous said...

Atiyeh knew the zoning when he bought the property. It is a game he has played for years. The Zoning Board did the right thing.

This is how Atiyeh operates, he buys something in one zone and demands an exemption. Look at other areas he has screwed up. Enough. Bethlehem cannot afford to lose its neigborhoods to help fill Atiyehs piockets.

Anonymous said...

What other areas Anon 3:23?

Mark Baker said...

Bernotos is obviously a bigot. This is not the only non-white he has fought against.

Anonymous said...

Then he wouldn't be a bigot! Think, then type, Mark

Uncle Remus said...

is bernotas with a very transparent veil calling abe a rag head?

Anonymous said...

uncle remus is a fraud but O'Hare allows it.

Bernie O'Hare said...

Uncle Remus is making blatantly racist comments to show how absurd they are, and that is why i allow it.

Anonymous said...

And Atiyeh wonders why he gets turned down all the time. The dude is obviously a weasel looking to use his wealth to bully his ridiculous development ideas through.

But the blog has his back so I expect this to be deleted.