Citing Impractical Location, Council Grants Sidewalk Waiver to Home Seller

A Hellertown home seller was issued a major financial reprieve when borough council unanimously voted to grant him a waiver for the installation of sidewalks on two sides of his large corner property at Easton Road and Cherry Lane Monday night.

David Achey–who has sold the home and said he has closing scheduled for Aug. 15–came before council with his attorney, Brad Wagner, to argue that although the property currently lacks sidewalks, installing them would be impractical for a variety of reasons.

For starters, the estimated cost for the installation of 450 feet of concrete sidewalk and curb in the borough’s extreme northeast corner was staggering.

Wagner said Achey had received an estimated for $30,000 from Hellertown contractor Gary Hillegass, and that did not include engineering and other costs.

Altogether he estimated that the final cost of the sidewalk project would be close to $40,000.

The requirement that a handicapped ramp be installed on the Easton Road side of the property made no sense, Wagner said, because the ramp would lead nowhere.

Across the street are homes in Lower Saucon Township, where sidewalks aren’t required.

Wagner said that within the last year, a fire hydrant located at the corner of Achey’s property has been struck twice by tractor-trailers attempting to make the sharp turn onto or off of Cherry Lane.

In addition to safey concerns, “there’s a fire hydrant that would have to be removed, there’s trees that would have to be moved,” he told council.

Additionally, the area where the sidewalk would be laid along Easton Road is located within a swale, meaning it would be prone to flash flooding–and potentially under water–at times of very heavy rainfall.

Councilman John Bate said installing more impervious surface in that area could only worsen the pre-existing stormwater runoff problems.

Council briefly discussed the idea of putting sidewalk along the rear line of Achey’s triangular property, but abandoned that idea as well.

Several residential properties on either side of Achey’s property lack sidewalks.

Under the borough’s sidewalk ordinance, properties that are without sidewalks must have them installed at the time of a deed transfer, unless there are mitigating circumstances that would qualify the property owner for a waiver.

“Common sense has to prevail somewhere,” council president Tom Rieger said, referring to those circumstances in Achey’s case.

After council solicitor Michael Corriere affirmed that granting a waiver for the installation of sidewalk is at council’s sole and absolute discretion, council voted 7-0 to approve the request.