BETHLEHEM, Pa. — A developer’s challenge to a city zoning officer's ruling that he has inadequate lot size for a townhouse development could see a vote by Bethlehem Zoning Hearing Board on Sept. 24.
On Wednesday, about 60 people were at Town Hall regarding the project pitched for 312 Hanover St. in West Bethlehem.
Many argued that the developer, Ishtiaq Ali Saaem and Hanover Rauch LLC, was trying to cram too much into too little space.
Located between Hanover and Rauch streets, the project as planned calls for a 2 ½-story, three-unit townhouse development on a 13,440-square-foot tract in the city's RT-High Density Residential District.
Each unit, at 2,200 square feet, would have three bedrooms and two garage parking spaces. Four surface spaces also would be on site.
The project units and parking would be just behind an existing two-family residential building on the land.
Debate on tract size
The developer’s lawyer, James Preston, and assistant city solicitor Matthew Deschler on Wednesday argued whether there was enough overall tract size on site to accommodate the two uses proposed, and whether the city should move forward with the zoning officer’s ruling.
The city in this case would require minimum tract size square footage for a duplex to be 6,000 and required townhouse square footage to be 9,000.
The applicant is proposing 13,408 square feet total.
Associated relief should be granted, since the city zoning officer applied his ruling “in a selective manner — which seems tailored to a desired result — rather than applying said section logically and consistently.”Attorney James Preston, on behalf of Hanover Rauch LLC, in a March 21 document addressed to the city
Preston and party said the city has not applied its ruling in this case in the same way as other previously approved projects, citing properties on East Fourth and Linden streets, for example.
Preston wrote in a March 21 document that associated relief should be granted, since the city zoning officer applied his ruling “in a selective manner — which seems tailored to a desired result — rather than applying said section logically and consistently.”
The topic was continued from zoners’ June 25 meeting.
'We already are crowded'
It was debated for the better part of four hours during the five-hour meeting before officials took comments from the public.
“Somebody, maybe 10 years from now, will be sitting here talking about this case in reference to theirs,” Samantha Cummings, of Hanover Street, said.
“I think there needs to be a bit of reverence when we think about the rules that were chosen for the city.”
“How can we claim to protect the public health, the safety and the welfare of the people here if we allow for the ignoring of minimum tract sizes?"Daiyana Rodriguez, of Rauch Street in West Bethlehem
Daiyana Rodriguez, of Rauch Street, said she stood beside the city with its “fair and logical” interpretation of the ordinance.
“How can we claim to protect the public health, the safety and the welfare of the people here if we allow for the ignoring of minimum tract sizes?” Rodriguez said.
“Of course this is going to lead to overcrowding, traffic congestion, increased fire and flood risk and the destruction of natural resources.”
Jefferson Pooley, of Prospect Avenue, said the applicant’s arguments made that evening didn’t “reveal one scrap of anything but a city acting in good faith to apply the rules.”
“We already are crowded,” West Market Street resident Emily Brennan said. “We need to hold the ordinances where they are.
“If we start changing them, we will not be able to rein them back in.”
A hearing regarding another nearby project for 241 Eighth Ave. was continued to Oct. 22.
Some residents said they are worried it, along with the Hanover Street development, could be detrimental to the welfare of the neighborhood.
