Tobyhanna Zoning Hearing Board rejects height variance for proposed Blakeslee warehouse

JAN 27 2023

POCONO PINES – The Tobyhanna Township Zoning Hearing Board has rejected a developer’s request to exceed the 40-foot zoning limit on the height of buildings.

J.G. Petrucci Company, a New Jersey land development company, sought permission to increase the height of their proposed 364,000-square-foot distribution center up to fifty feet.  The facility is proposed for a 44-acre parcel off of Mackes Street, behind Storage King on Route 115.

The proposal met with skepticism from the board. Board member William R. Van Gilder closely questioned the developer’s engineer and architect on the need for the height increase.  The applicant told the board that the “industry standard” for warehouses and distribution centers required 36 feet of unobstructed interior height.

The applicant’s three witnesses all agreed that the current expectation of potential tenants was to have that much space, which is not possible under the current 40-foot zoning requirement.  Mr. VanGilder focussed on other permitted uses in the Commercial/Industrial zone.

He called the township zoning officer as an expert witness. Under questioning by Mr. VanGilder, the zoning officer testified to numerous permitted uses – other than a warehouse or distribution center – available to the developer which would not require a height variance.

Joseph Correia, an executive vice president of the developer, told the board the height variance was needed “for us to have the best opportunity to find a tenant.” He said building the distribution center in line with the height limits on the books was not possible because no one would want it.

Marlin Keiper, who owns the parcel, spoke in favor of the variance sought by the potential purchaser of his property. Mr. Keiper, who also chairs the town’s Planning Commission, told the board that no variance would be needed if the property was just a little closer to the interstate because current zoning allows higher buildings within one-half mile of Route 80. He also said that Tunkhannock and Coolbaugh Township allow 60 feet.

Several residents spoke in opposition to the request, including Tobyhanna Township Volunteer Fire Company President Ed Tutrone. Mr. Tutrone urged the board to consider that the closest fire station to the structure was a 21-minute drive away, but that the “state of the art” fire suppression system the applicant planned would have only 15 minutes of water to fight a fire.

Mr. Tutrone also testified that the township no longer has a fire company able to attack fires at the height of the proposed building. While his fire company was both closer and had the aerial firefighting ability, the township supervisors refuse to allow them to be dispatched into the township.

Resident Kelly Hinson reminded the board of the promise to work to bring the “village look” back to Blakeslee. “The forty-foot height limit was put there for a reason,” she told the board.

After a brief recess for an executive session to discuss the legal issues with the board solicitor, the panel returned to unanimously reject the application.  The board concluded that the applicant had failed to meet its burden to show that there was something unique about the property which made it impossible to develop in any way without the variance. Instead, the board said, the variance was ‘necessary’ only because the developer wanted to build a distribution center most marketable to its target tenants.

The board will be issuing a written decision embodying the result. The applicant has the right to appeal that decision to the local common pleas court in Stroudsburg.  Mr. Correia said it was “too early” to say if they would appeal or if they could go forward with the development under current restrictions.