City Officials Say Container Garden Can Stay, with Modifications

By Christina Georgiou


A set of container gardens around a Downtown residential building that has recently become the center of controversy for area gardeners and nature lovers will not be required to be removed if the owners of some of the plants are willing to make minor modifications to the placement of the pots, Easton city officials say.

 

Laini Abraham's garden on Sitgreaves Street, pictured with
a petition on Change.org demanding that it be allowed to stay,
was not the target of Easton city code officials, who were
in fact addressing a complaint about another potted garden
around the corner on Church Street, which belongs to
Abraham's neighbors.

“We're rational people,” said Mayor Sal Panto said Monday. “There's got to be a way to do this.”

The whole controversy, though, may have arisen from a series of misunderstandings.

A petition on Change.org started by building resident Laini Abraham has garnered more than 550 signatures in less than a week, demanding that the city allow the urban gardens to stay after her landlord was verbally warned that some of the.potted plants violate city ordinances by blocking the sidewalk.

But Abraham's potted garden, located on Sitgreaves Street and pictured with the petition, was not the focus of the warning, both city officials and property owner Bill Barrel have confirmed.

The building, located at Church and Sitgreaves streets, is home to two sets of planting containers. One, belonging to resident Abraham and located on Sitgreaves Street, does not block the sidewalk and was not the focus of an informal verbal warning that sidewalks must be kept clear.



This is the container garden on Church Street that came to
Easton city code enforcement officers' attention last week,
after a man apparently complained to the city that he tripped
in the street in front of an oncoming car while walking around
the plants.

 The other set of potted plants, located on Church Street, belongs to two other residents of the building and blocks the narrow sidewalk of the alley street, technically a violation of city code. It was a recent complaint the city received from a person who claimed he was forced to walk in the street and tripped in front of an oncoming vehicle that brought the container garden to the city's codes office's attention, city officials say.

They added that the city tries to work with property owners to find an amicable solution before fines or penalties are assessed, and that property owners are always given time to address a problem before that happens.

No formal warning or letter has been issued by the city on the matter demanding the gardens' removal either.

Barrel says that he asked all the tenants to remove the gardens because he felt he couldn't tell some tenants to remove or modify their gardens and not others.

“As a building owner, it's a little more complicated for me,” he said. “I don't want to get into a hassle with the city. If there were a fine, I'd be the one to have to pay it.”

He said he understands both perspectives on the matter.

“Most people like (the gardens), but someone complained. And it is against the law,” Barrel said.

But he said he's happy to hear the city is willing to compromise on the matter.

“They just have got to give us a little time to do it,” he said.

An image that accompanied the petition in favor of
the gardens is not accurate when it comes to the legality of
dumpsters and weeds, both of which are also technically
 in violation of city sidewalk ordinances. However, situations
in the city's narrow alleyways are decided on a case-by-case
basis, and there is no formal permit for
a dumpster, city Planning Director Becky Bradley said.

Abraham said she's happy the city is willing to compromise, but feels the city is “backtracking to save face” and the law is arbitrary, given that dumpsters are sometimes block sidewalks when other placement space isn't available.



“I think it's crazy that that's the deal,” Abraham said. “People have been walking around those plants for three years with no problem... Dumpsters are exempted because they're considered necessary. But it would be good if gardens were considered necessary too.”

 
However, Easton Planning Director Becky Bradley said Abraham's statement about dumpsters being exempted is not entirely accurate.

“There is no formal permit for a dumpster,” she said by phone on Tuesday, adding that the placement of dumpsters is determined on a case-by-case basis when a new business is opened during the zoning hearing process.

She added that sometimes they are moved or placed by waste disposal companies without approval from the city. In the cases where someone complains or they are creating a nuisance, the city then assesses the situation and in some cases, the receptacle's removal or relocation are ordered when possible, Bradley said.

Waste removal is an essential service, she said, and planters can be easily rearranged to keep a walkway clear enough for pedestrian passage.



Though they block the sidewalk entirely,
it is unclear whether these waste receptacles like these
are allowable, as the matter of placement is decided on a
case-by-case basis, depending on the property's use and
space limitations. Sometimes property owners or
waste haulers relocate receptacles without approval,
city officials said, but often unless there are complaints,
the matter often goes unaddressed.

The city considers most things on a case-by-case basis when it comes to alleyways, which are all largely very narrow and unconforming to official city code Bradley said, noting that they are also used for servicing buildings and businesses so main streets aren't clogged.

“Alleys are very—they're a little funky,” she said. “They're a little more democratic in terms of use.”

Bradley said because the alleys serve a variety of purposes and people, the city largely doesn't involve itself with technical code violations unless something is brought to officials' attention.

“There are a lot of bigger issues than a container garden we have to deal with,” she said, adding that issues like blighted buildings and habitually negligent landlords whose buildings constitute serious health and safety issues are much higher on her department's list of priorities.

Another city employee, who asked not to be identified because they are not authorized to speak with the press, confirmed that Easton tries to give more leeway in terms of code enforcement when it comes to city alleyways.

“You're talking about these tiny, little streets. The sidewalks aren't even three feet wide,” the employee said. “So we're stuck between a rock and a hard place. Everything is within reason. But (people) shouldn't have to walk in the street, because there are idiots (driving) out there.”

Panto said the city has no intention of fining Barrel if the planters on Church Street are rearranged to satisfy the need of pedestrians to pass without having to step into the street. He noted that the city hasn't even issued a formal written warning.

“The city has looked the other way for three years...The idea that we're out to fine the landlord $1,000 is incorrect,” Panto said of the maximum fine that could be assessed for non-compliance. “It doesn't happen for.slumlords, and it certainly isn't going to happen for planters. Common sense will prevail.”

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In response to the petition and a number of emails from residents regarding the matter, Mayor Sal Panto posted a response on his Facebook page late last week, the text of which appears below as written:

Thank you for signing the petition. I truly appreciate your voice in this matter and thank you for getting involved. As a clarification to the events that led to the visit by our code officer
who incidentally has also signed the petition, we did not go out looking for this infraction. We received a complaint about the pots. A pedestrian was walking down the alley and tripped trying to go around the pots and fell into the alley in front of a car. He was upset and reported the incident. We followed up. The code officer spoke to the landlord and was told that it was a violation, which it is. However, there are many violations that when they arise common sense is used rather than the letter of the law.

Alleys in our downtown have an interesting history and have come full circle. Initially homes were located on them and people lived on them. My father grew up on an alley in downtown called West Street. They played and important role in the layout of the city. As time grew on more and more people moved out of the downtown (mostly forced by urban “removal”) as more and more commercial activity moved in the center of the city. Today we see residential uses on the rise but we still have, and want a vibrant downtown.

This is where the collision occurs between tow distinct uses. Businesses need the alleys for deliveries and pickups and yet most of these business building footprints occupy the entire site thereby requiring deliveries on one lane streets blocking traffic and against the law and no place for things like garbage and recycling containers. So while ugly garbage containers are “accepted” because of need, planters are more of a voluntary addition. Don’t get me wrong, the more plants and flowers the better. So we have a code that is required because pedestrians need to have safe places to walk and yet some of our sidewalks are only 3 feet wide.

Our code and building department reviews all requests for businesses in the downtown and looks at ancillary services like where the garbage cans will be placed. We also review plans for outdoor seating which we want to encourage but there must be a 3 foot clearance for walkers and wheelchairs.

I will personally take a look at this particular situation. I have seen the pictures online and I believe the issue may be with the larger round planters which appear to block the entire width of the sidewalk whereas the rectangular ones appear to allow for some passage. One solution may be the use of long rectangular planters that still allow some room for pedestrian passage.

The matter has been brought to our attention and I will make sure that we find an amicable resolve. We certainly don’t want to curtail the greening of the city, we want to encourage it. If you have any other suggestions please do not hesitate to email me. Our minds are open.

Again thank you for your participation in the local government process.

Sal