HELLERTOWN, Pa. — To avoid a potentially costly legal battle, Borough Council on Monday, with hesitancy from some of its members, voted in favor of preliminary plans for a Sheetz convenience store proposed for Kichline Avenue and Main Street.
The panel voted 6-1, with Councilwoman Terri Fadem being the lone “no” vote.
Some members said fighting a legally allowed land use in court could hurt the borough financially.
“I feel that our residents are not pleased with this. I feel that our residents would be less pleased with costly litigation with the same result.”Hellertown Borough Councilwoman Liz Thompson
“I feel that our residents are not pleased with this,” Councilwoman Liz Thompson said. “I feel that our residents would be less pleased with costly litigation with the same result.”
Council President Thomas Rieger said that while “our hands are tied,” it's in the borough’s best interest to approve the development plans.
The action on Monday was the first of a two-part process, according to borough engineer Bryan Smith, and the plans would again go before both the borough Planning Commission and eventually council for final votes.
Roadway improvements are proposed along Kichline Avenue as part of a different development, officials said.
But any residents within 300 feet of the proposed Sheetz still would be notified of any pre-construction meetings and broader plans, according to another motion from council.
That vote passed unanimously.
Council's role in the project votes
The developer is looking to consolidate four lots into one to make room for a 6,139-square-foot Sheetz with indoor/outdoor seating and 12 gas pumps.
The Star Pre-Owned car lot currently operates on about 3,000 square feet of the proposed area.
The property, zoned within the Highway Commercial and Flexible Redevelopment Overlay districts, is owned by Vera Cruz Holdings LLC of Easton, according to Northampton County property records.
Even with other gas stations nearby — including another Sheetz that recently opened along East Fourth Street in Bethlehem, and a Turkey Hill and Wawa to the north of the proposed lot in question — borough solicitor Michael Corriere said officials were to vote on whether the plan met zoning and subdivision and land development ordinance requirements.
It’s not within the panel’s purview to vote based on any particular business matters, especially considering the proposal is on private property, Corriere said.
“I don’t see any basis for denial that would require tabling and further discussion or an extension."Julie Wagner Burkart, Sheetz land use counsel
Following a call from someone in the audience opposing the development, council discussed what would happen if the panel was to deny the proposal.
Corriere explained that a long and expensive legal process could occur for the borough as a result, especially because the project currently holds legal momentum.
“I don’t see any basis for denial that would require tabling and further discussion or an extension,” Sheetz land use counsel Julie Wagner Burkart said.
Burkart said the developer is taking into account all recommendations from the borough engineer and other officials moving forward.
The borough Zoning Hearing Board previously approved a number of variances for the developer, including allowing 47 parking spaces on site as opposed to a normal requirement of 82.
The Planning Commission approved initial plans in March.
Roadway improvements
Road access to the Sheetz is proposed off both Main and Franklin streets.
A widening of Kichline Avenue to the north is expected as part of the project, but no improvements are now set for the southern end of that area, Bryan said.
He said no construction traffic plan is in hand yet, but that would be arranged once a contractor was brought on board.
Local dermatologist Dr. Pamela Meyer, who owns a practice along Kichline, said she and her staff already park on the street to make room for clients in her 12-space lot.
She said the business wouldn’t survive another shutdown of Kichline, as was the case with Route 412 improvements in previous years.
“This impacts not only my livelihood, but it’s my staff’s livelihood and it’s my patient’s ability to obtain access to heath care. It’s very important to not just me, my family, my income, but to the community at large, as well.”Dr. Pamela Meyer, Hellertown-based dermatologist
“This impacts not only my livelihood, but it’s my staff’s livelihood and it’s my patient’s ability to obtain access to heath care,” Meyer said.
“It’s very important to not just me, my family, my income, but to the community at large, as well.”
She also said she didn’t want to stand in the way of progress for the borough, but just wished to be heard and made clearly aware of what could happen to the road near her business.
Smith said the road widening at Kichline is proposed to be completed by the developer and be “considerably much smaller” than the Route 412-Interstate 78 interchange work mentioned — which also was a project funded and managed by PENNDOT.
“One would hope when private developers do things, their time is money and money is time. So they’re not going to spend six years doing the development like PENNDOT did. That’s my only hope.”Hellertown Borough Council President Thomas Rieger
“There will be an expedition of improvements versus what was done at the [Route] 412 process,” Smith said. “And there will be a pre-construction meeting at some point.”
Council President Thomas Rieger said, “One would hope when private developers do things, their time is money and money is time.
“So they’re not going to spend six years doing the development like PENNDOT did. That’s my only hope.”
