Hellertown Talks Fireworks Sales, Gregory Park, Sidewalks
Hellertown Borough Council met June 1 and addressed a number of topics, including fireworks sales, borough park issues and a sidewalk installation deferral request.
Fireworks Tent Operator Appeals Zoning Permit Denial to Council
The lengthiest discussion of the night involved an appeal by Elijah LoPinto of Mister E Enterprises LLC, doing business as Uncle Sam’s Fireworks, to sell fireworks at 60 Main Street, which is part of the former Neighbors Home & Garden Center property near the south end of town. His temporary vendor license application was denied in late May under borough code 140-7(F)(5), which restricts the sale of certain items to minors.
LoPinto told council the basis of the denial does not apply to his product mix. He said he sells only ground- and handheld-sparkling devices, fountains, novelties, smoke bombs and snaps; items the Pennsylvania State Police FAQ classifies as not consumer fireworks and not subject to an age restriction
LoPinto told council he could not delay another month–his season has already started–and his orders must be placed by the end of the week. He asked council to consider conditional approval that would allow him to provide an alternate access point through an active auto dealership entrance nearby.
After a long debate, including much discussion about traffic flow, councilman Tom Rieger moved to overturn the denial, subject to a list of conditions. The motion carried, 5-2.
“Just because I made the motion doesn’t mean I got to agree with the motion,” Rieger said before voting yes, “but I do think this causes us more problems.”
LoPinto’s plan for the fireworks stand is to have a temporary tent set up for two weeks, according to the zoning permit application filed with the borough.
Council directed staff to bring the borough’s transient retail ordinance back at a future meeting for a discussion about a broader rewrite, with Rieger and LoPinto both suggesting the code needs to distinguish “transient” door-to-door sales from “temporary” pop-up retail like flower tents and seasonal fireworks stands.
Gregory Park Contractor Issues Discussed
Borough Engineer Bryan Smith brought council up to speed on the long-running dispute over the playground safety surface installed last year at Gregory Park at Third Avenue and Easton Road. Smith said the installed surface fails the contract documents and ADA-equivalent guidelines, and the borough has rejected it. The playground remains off-limits to residents, with a temporary plastic fence restricting access.
Council said the contractor has been fighting with a third-party subcontractor over who is at fault.
Solicitor Michael Corriere told council the contractor was sent a 30-day notice that would have run into mid-June. The borough had also been pursuing a meeting with the contractor’s design team.
Rieger, however, had heard enough.
“I have no faith that the contractor is going to perform the work as required to the plans at this point,” Rieger said. “I don’t want them touching borough-owned property anymore, and that’s my personal opinion. They’ve had well over 11 months to fix this issue. I don’t care that he’s being sued. I don’t care. The fact of the matter is, my faith in this contractor is completely gone.”
Rieger noted council had already authorized pulling the bond almost a year ago and pressed staff to execute that authorization now. Smith said the borough still holds project funds it has never paid out to the contractor.
Council noted that the actual removal and replacement of the defective safety surface is a roughly one- to two-day job once the weather cooperates and a qualified installer is lined up, but installation is temperature-dependent and effectively impossible between late October and April.
Rieger moved to direct staff to pull the bond. Councilman Larry O’Donnell seconded the motion, and it passed.
745 Front Street Sidewalk Installation Deferral Granted
Property owner James Cunningham asked council to defer the sidewalk installation requirement along the Division Street side of 745 Front Street. Cunningham, whose parents bought the house in 2002, said an engineer’s review showed compliance with a five-foot width on Division would force the removal of a gate, several trees and possibly a shed.
“We just feel that the way this is being handled is not uniformly done. It’s kind of picking and choosing,” Cunningham said.
He said he had no objection to repairing the Front Street sidewalk or installing a required ADA ramp. His objection was specifically to installing a new sidewalk along what is effectively an alley.
“I just don’t understand, if it’s such a priority, why wasn’t the other side done?” Cunningham asked. “I just feel it’s not fair to us. I don’t know how else to put it.”
O’Donnell said the Planning Commission deliberately left the bulk of the sidewalk ordinance intact during the most recent comprehensive review, which means deferral requests for niche properties–including corner lots, alleys and areas with gaps in existing sidewalk networks–must come before council.
O’Donnell noted that council has “overwhelmingly” granted deferrals where no historic sidewalk exists or where the surrounding street network does not support one. He also added that this case involves a narrow street.
Rieger moved to grant the deferral on the Division Street side only, excluding the ADA ramp work and the Front-side sidewalk repair. The motion carried.
“It just doesn’t make sense to put sidewalks in an alley,” Rieger added.
Other Reports & News
Heritage Day Success: It was estimated that there were between 800 and 1,000 attendees at the event, with roughly 100 children and adult volunteers helping out.
Music in the Park: The next concert at Dimmick Park is set for Sunday, June 14, from 6 to 8 p.m., featuring Scott Marshall and the Highway Souls
Hellertown Area Library: The library board met in late May. About 5,000 books were collected for the June 6 book sale at the Dimmick Park Pavilion.
The next Hellertown Borough Council meeting is set for Monday, June 15, at 7 p.m.
