Thursday, August 2, 2012

"Cash for Gold," "Fortune Tellers," Halfway Houses and Hookahs Come Before Planning Commission

By Christina Georgiou

Complaints and concerns from some citizens have prompted the city planning department to present suggestions for possible changes to various zoning definitions to the Easton Planning Commission for consideration, Planning Director Becky Bradley said Wednesday evening.

Highest on the priority list are shops that offer "Cash for Gold," but better defining where beer distributors, "fortune tellers," halfway houses and shops that sell smoking accessories may also be up for changes as well.

"Cash for Gold" establishments, along with others who offer cash for precious metals, will likely be considered pawn shops and restricted to zoning areas where those are permitted.

"We would like also to limit those to areas where pawnshops are already allowed--the adaptive reuse districts, and that's not Downtown," Bradley said.

The possible changes to the wording of the law will have to be crafted to clearly define those businesses and not allow them to be confused with coin dealers, jewelers, other metal recycling operations or federally regulated financial institutions, officials noted.

While there are already three pawnshops located on the city's Centre Square, they will not be affected by any changes as they are pre-existing, Bradley said. She added that if and when those businesses ever close shop, new ones will not be allowed to be located there.

A recent application for a new beer distributorship that was denied is the impetus for a probable change in zoning regulations for that commercial use, Bradley said.

Currently, beer is considered "general merchandise," she said, but with the loading and unloading needs of a business that sells beer by the case or by the keg, a special designation for that use is warranted.

"We just want to stay above the fray with that license," Bradley said.

Planning Commission Chairman Charles Elliott requested a list of the current beer distributors in the city, so the commission can compare locations, parking and other factors before making a decision.

Possibly restricting "fortune telling" services to certain parts of the city, or prohibiting them from operating on the first floor of buildings is more about the possibility of "ghost hunters" wanting to locate within city limits more than the fear of a sudden influx of card and palm readers, Bradley said.

"We really just want to deal with ghost hunters and stuff," Bradley said. "We've been approached by people that see those shows and have all this equipment and want to open a business like that."

Elliot noted the possible restrictions on "fortune telling" would apply only business operations, not individuals who engage in divination practices at home or for free for friends.

"But we're not going to shut down the State Theatre because there's a ghost there," he said.

Planning Commission member Dennis Lieb said he was unsure such potential businesses needed to be zoned restrictively.

"I think there's a difference between someone offering less than market value for something because they really need the money, and someone who's stupid enough to give someone money for ghost busting," Lieb said.

Multiple illegal re-entry facilities are causing problems in the city, Bradley said, moving on to the subject of halfway houses. She added that the legal ones are doing a good job.

A good place for them might be along Washington Street, she said, because the location is close to the courts, as well as close to public transportation, shopping, and other city amenities.

The possible switch would only apply to rehab and re-entry facilities with multiple units and that offer psychological and other services that are delivered on-site, not private residences, Bradley added.

Shops that sell waterpipes and other less conventional smoking accessories may also face some zoning hurdles in the future.

Currently, they are considered "general merchandise" or "retail specialty" shops, but there is the possibility that could change.

"What's happening is we've got some tobacco shops that are in danger of becoming paraphernalia shops," Bradley said.

Commission member Ron Shipman said that if the merchandise is illegal, the Easton Police Department should handle the matter and the city shouldn't attempt to legislate something that is illegal.

Fellow Commissioner William Heilman also said he doubted a change in zoning regulations on the matter is a good idea.

"So a $40 mahoghany pipe is intended for tobacco, but a blown glass $2.50 pipe isn't? That's a slippery slope," Heilman said.

Bradley admitted such legislation would be tricky, saying that local revitalization organizations, such as Easton Main Street, like the idea of "high end cigar bars," similar to Leaf in Forks Township, but are not keen on "hookah lounges." She added that it is illegal for the city to legislate based on the owner or one special interest group's perception of the use as long as it's not prohibited.

"Those places can open and they're perfectly legal. So why do we want to touch it?" asked Heilman. "I don't think we want to touch it."

The matter of zoning definitions will likely be revisited at the next Planning Commission meeting in September, or in October, Bradley said.

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