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Easton News

6-story Easton apartment building could be held up by property border dispute

Six Story Apartment location
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The lot where a six-story apartment complex is intended to be constructed on Easton's Northampton Street/ The red-boxed portion of the image depicts the property boundary dispute between the developer and adjacent owner Bruna Dos Santos.

EASTON, Pa. — A newly proposed six-story apartment building could help add needed housing for rapidly growing Easton.

That is, if and when litigation between the developer and an adjoining property owner is resolved.

John Koutsouros of Carroll Engineering presented preliminary plans at the Easton Planning Commission meeting Wednesday, to secure conditional approval for the mixed-use development.

It would encompass 509-511, 513-15 and 517-519 Northampton St.

“There is an 8-foot stone wall, potentially higher, stone wall that has stood there for over 40 years now that is serves as our fence. That stone wall then has a patio with a pergola that the property drawings are directly building over, with this building coming right up to our actual deck, the whole six feet of it."
Bruna Dos Santos

According to Koutsouros, the 75-foot building would include 45 one-bedroom units and five two-bedroom units, along with 790 square feet of commercial space on the ground floor.

Twenty parking pots would be made available underneath the building, in addition to 10 off-site spaces the developer is leasing on Church Street.

While rental rates were not specified, the developer said it intends to price the units at market rate, with a focus on offering renters affordable apartments without the amenities — gyms, pools, etc. — that have become so prevalent in other developments.

City Planning Administrator Carl Manges said the plans were submitted to Lehigh Valley Planning Commission, with the commissioners responding positively to the concept.

“The proposal supports a core strategy of the regional plan to increase density in urban areas using infield development," Manges said, referencing LVPC commentary.

"The proposed development supports efforts to alleviate the regional housing shortage.

“Easton is projected to add over 3,600 people by the year 2050 and is now the fastest-growing city in the Lehigh Valley, with an anticipated 13 percent projected population increase.

"According to the Lehigh Valley Housing Dashboard, Easton is experiencing a shortage of 413 housing units today, and an additional 20,726 units are needed by the year 2050 to keep up with the city's anticipated population growth.”

Property dispute

But before the project progresses, the developer will have to secure approval from the city Historic District Commission and Zoning Hearing Board.

One of the larger hangups for the project is a property line dispute with a neighbor, Bruna Dos Santos.

Dos Santros says the apartment building’s proposed footprint encroaches upon a stone wall, patio and pergola that have been on her property for a while.

“If there's currently litigation pending in court, you could certainly put a condition that that litigation must be resolved,"
Easton Planning Commission solicitor Jeremy Clark

“There is an 8-foot, potentially higher, stone wall, that has stood there for over 40 years now that serves as our fence," Dos Santos said.

"That stone wall then has a patio with a pergola that the property drawings are directly building over, with this building coming right up to our actual deck, the whole 6 feet of it.

“So we are currently in litigation for this matter, and are hoping that we can delay any decisions until litigation is done, because this wall has stood for over 40 years, has been the known, the accepted, property lines since then, and that paper alley is listed in our deed as part of our access.

“We have access to 7 feet of it, as does the church next door to us. So they have access to 7 feet of it. We have access 7 feet of it in our deed.

"There's a lot of litigation currently happening to figure out how and where the property boundaries actually will lie for this.”

As the board discussed the matter, solicitor Jeremy Clark advised against litigating the matter in the meeting.

“If there's currently litigation pending in court, you could certainly put a condition that that litigation must be resolved," Clark said.

"But whether or not this property is owned by the applicant or the resident speaking here, is not a matter that's appropriate for this panel to decide.”

Conditions

Board member Hubert Etchison referenced previous plans with that site, and how he had concerns about emergency vehicle access to the back of the building.

Etchison said what was labeled as a street behind the building was rather a paper street, lacking a curb cut, and due to its current status, “it’s almost an impassable green patch of weeds.”

He said a telephone pole “that barely let my Mini [Cooper] squeeze into the alley that goes back there.”

“So I continue to have concerns about fire truck access to the rear of the building," Etchison said.

"And I would encourage you to have a cogent discussion with the Easton Fire Department representative about that specific question, because this would be a good idea.”

He said he felt so strongly he would consider making it a condition for approval.

Board Chairman Ken Greene referenced an issue with a previous plan from the lot’s old owner and the owner of an adjacent building that had revolved around windows and air access.

“I'd be willing to consider a condition that you have a conversation and that conversation be addressed directly with the city, that we ensure that that's not a problem,” Greene said.

The developer agreed.

The board required the dispute between the developer and Dos Santos be resolved, and for the fire department to take another evaluation of the property’s back alley.

The board voted approvingly, with only Commissioner Ron Shipman abstaining.

He said he felt the conditions “would require a property owner to go have conversations with neighboring property owners.”

“I don't think that's part of what we what we do and what we should be doing,” he said.