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WILKES-BARRE TWP. — Development for a proposed 940,000-square-foot warehousing and distribution center is moving forward after the zoning hearing board approved a number of variances at Tuesday’s meeting.
The applicant, Blue Cup Ventures LLC, plans to build the space on a patch of mine scarred land owned by Pagnotti Enterprises INC. and Loree Associates, at 400 Johnson Street.
The board voted 4-1 to approve variances for minimum lot size, a variance to exceed allowable lot coverage, and a variance to exceed allowable building height, with board member Dave Rensa voting no to all three.
However, the board voted unanimously to approve a variance for a reduced number of required parking spaces.
Board member Cindy Dorzinsky recused herself from voting after questions were raised in the beginning of the meeting by attorney Francis Hoegen, representing Bluecup, about the objections Dorzinsky had about the project during a conditional use hearing in 2022.
Hoegan stated he and his client were concerned that Dorzinsky’s “predisposition and almost opposition to this project” would prevent her from ruling fairly.
Board solicitor Todd Johns stated that Dorzinsky was not required to recuse her, but that he did express to her Heogan’s concern and the potential impact of her previous statements prior to the meeting.
“I certainly don’t want to jeopardize anything and I want this to be impartial,” Dorzinsky said.
Although she recused herself, Dorzinsky did observe the meeting from the audience and did ask questions during the public comment section.
Bluecup Ventures does not yet have a tenant for the building, as Randolph stated that the company needed to get approval from the board before moving forward.
As shown in the plans presented at the meeting by Bluecup, the proposed site will have 502 parking spaces, with space for additional parking if required.
The height of the building was approved for 55 feet, but Randolph stated that the actual height will probably not exceed 52 feet.
Bluecup Ventures plans to work with the state Department of Environmental Protection (DEP), along with the township and other state agencies, to ensure site meets the requirement for reclaimed land.
Reclamation occurs when land that has been adversely affected by surface mining is returned to a beneficial use.
Residents who spoke at the meeting seemed divided on whether or not the warehouse would be a positive addition to the township.
Joe Antellocy, 90, saw the project as a win for the area.
“We need all of the businesses that we could possibly get and putting something into a scarred area, what a success that is,” he said. “We shouldn’t throw that opportunity away.”
Charles Estock, who resides on Johnson Street, disagreed and was concerned that the warehouse would create traffic congestion and noise pollution.
“It’s going to be detrimental to the people living on this side of the township. I ask for council to vote no on all requested variances.”
Bluecup has faced similar opposition from the township regarding the proposed warehouse in the past.
Back in November of 2022 Wilkes-Barre Township council voted to deny a conditional use permit to the commercial real estate developer to build the space.
The following month, an appeal filed by Wilkes-Barre law firm Hoegen & Associates, representing Bluecup, asked Luzerne County Court to reverse council’s denial, arguing that council’s actions “constituted a clear error of law” and “were not supported by substantial evidence.”
In January 2023, council voted 3-2 to approve a findings document prepared by township solicitor John Rodgers explaining council’s decision.
Luzerne County Judge Fred A. Pierantoni III in October 2023 ruled against the township, rejecting its arguments and finding that its actions were an “error of law,” calling into question the standards council used in assessing evidence in making its decision.
In November of last year, council voted 3-2 not to appeal the judge’s decision, which was met with outcry from residents who attended the meeting, all of whom expressed continued concerns that the distribution center would negatively impact the community, particularly an increase of traffic flow into Johnson Street and state Route 309 from the warehouse.