Upper Saucon could lift building ban

By Chris Reber

Of The Morning Call

June 22, 2008

Since 1996, the Upper Saucon Township supervisors have enforced a moratorium on development in the area west of Coopersburg, claiming the borough has overloaded the township’s sewer lines.

That could end Tuesday, when the supervisors — spurred by an order from the state Department of Environmental Protection — are expected to pass an ordinance essentially lifting the moratorium, a move that would pave the way for hundreds of new homes.

”They’re waking up to the fact that they can’t use public sewer to prevent development,” said John Fenningham, a lawyer for McGrath Homes, which is in litigation with the township.

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But the measure may not address McGrath’s proposed 125-home Locust Valley development, the subject of an ongoing legal battle between the township and the builder over several issues.

Still, under the proposed ordinance, previously denied developments could bring more than 300 homes to the township. T.H. Properties’ Brinley Court Townhomes, currently before the township planning commission, would make up the majority of that total.

Development was also halted in the township’s southern half for a short time last year.

Tuesday’s vote comes after a December DEP order that said the township could not use the overloaded sewage system to prevent development. While the township is appealing that decision, it is following DEP’s recommendation with its ordinance to use on-site holding tanks when the system is overloaded.

”It’s an attempt at what we would call a stopgap measure,” township solicitor Jeffery Dimmich said, ”to address the Coopersburg sewage problem’s impact on the township.”

Coopersburg officials could not be reached for comment.

Fenningham said he doubts the new ordinance will have any effect on the Locust Valley situation.

McGrath and Locust Valley have filed lawsuits against township Manager Thomas Beil and three of the township’s five supervisors, Miro Gutzmirtl, Stephen C. Wagner and Joseph M. Horvath. They allege their civil rights were violated when the township failed to give the plan for single-family homes an adequate hearing.

”We’re seeking money damages for the four years of running around,” Fenningham said.

While the ordinance may be a victory for developers, it comes as a blow to conservationists crafting an open space plan for the township.

Residents in Upper Saucon will vote in November on a 0.25 percent increase in the earned income tax to create an open space preservation fund. A final version of the open space plan is expected later this year.

The plan will map out potential conservation easements, areas that would be suited for development, and a system of walking trails.

”I don’t think the township wants to stop development,” said Thomas Gettings, head of the Upper Saucon Environmental Action Committee. ”I think they just want to do it in a planned way that makes sense.”

chris.reber@mcall.com

610-820-6586

Copyright © 2008, The Morning Call

Will AutoZone wreck 19th Street chic?
Neighbors say car-parts store will ruin the area’s character.

By Chris Reber and Brian Callaway
Of The Morning Call
       June 17, 2008

West Enders would have been angry anyway when they heard someone wanted to stick a car-parts store on Allentown’s 19th Street, home to an eclectic mix of eateries and boutiques and the Civic Theatre.

AutoZone isn’t just looking to redevelop any building, though. It’s eyeing The Shanty, a longtime social hub famous for its cream puffs, salad bar and crystal chandeliers.

Now folks are downright furious.

”Anything else,” said Nancy Bernstein, who owns a neighboring jewelry store and lives nearby. ”It’s just a shame. It’s going to change the whole face of the area.”

The proposal comes nearly two years after AutoZone gave up similar plans for the former Saylor’s Restaurant at 19th and Tilghman streets after residents complained such a store could wreck the neighborhood’s character.

City leaders acknowledge they have little power to stop AutoZone from taking over The Shanty at 617 N. 19th St. But they’re still hopeful they can persuade the retailer to go elsewhere.

The building that became known as The Shanty was built in 1935 as a supermarket. The restaurant moved there in 1980 from Allen Street near 19th. Owners Don and Diane Saylor, whose nephew Michael owned Saylor’s Restaurant, sold The Shanty to a New York restaurateur in 2005. The Shanty fell victim to foreclosure less than a year later and has stood vacant ever since.

A New York corporation, Tyler Acquisitions, took over the property as part of the foreclosure.

For decades, The Shanty was the place to go for a nightcap after a show at the theater or a brunch on Mother’s Day. Some described it as the cornerstone of the neighborhood.

”The last thing we want is an auto shop breaking up the synergy and continuity of the district,” Mayor Ed Pawlowski said.

The Allentown Economic Development Corp. is talking with three restaurateurs interested in the Shanty building, he said, but officials have yet to find a solid alternative.

”They haven’t gotten anyone to take it yet,” Pawlowski said. ”But we’re continuing to try.”

Officials are also seeking other possible locations for the AutoZone, he said. There already are two auto-parts retailers in the neighborhood, and AutoZone has another location on S. 15th Street.

”We are not opposed to having an AutoZone in Allentown,” Pawlowski said, ”but we’re strongly opposed to having it in that particular location.”

Legally, the city’s only leverage has to do with proposed signs.

AutoZone doesn’t want to demolish the old restaurant, but renovate it. As part of renovations, it’s asking the city’s Zoning Hearing Board to allow it to have more signs, and larger ones, than are allowed by law.

According to documents filed with the zoning board, store owners say the building requires additional signs, in part to make it more visible.

Dozens of residents attended a zoning meeting last week to oppose AutoZone’s proposal, prompting the board to delay its decision.

Damien C. Brown, a West End resident and advocate for neighborhood causes, said he hopes Auto Zone will move to another property if its sign requests are denied.

A spokesman for the Tennessee-based auto parts retailer did not return calls for comment Monday.

Allentown officials began considering an overhaul of the city’s zoning laws last year, after AutoZone made its first attempt to settle on 19th Street.

No new rules have been adopted yet, and officials said the proposed revisions probably wouldn’t have prevented AutoZone from taking over The Shanty anyway.

Bernstein, the jeweler, said the restaurant’s demise is still being felt in the neighborhood.

”We would love to have had a restaurant there, a family-type thing,” he said.

WHAT’S HAPPENING

A proposed auto-parts store on Allentown’s 19th Street has drawn the ire of community members and city officials. The AutoZone, which would replace the former Shanty Restaurant, is permitted under city zoning laws.

Fallout: Community leaders in the West End have garnered more than 250 signatures for a petition against AutoZone’s use of the property. Thirty-five people pressured the city Zoning Hearing Board last week to deny the retailer’s request for a variance. AutoZone wants more signs, and larger ones, than the law allows.

What’s next: The board is expected to decide on the signs at its meeting at 7 p.m. Monday.

Copyright © 2008, The Morning Call