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Board and planning commission describe confusing sequence for multifamily approvals; members urge coordinated submittal

Hellertown Zoning Hearing Board · February 19, 2026
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Summary

Board members and the solicitor described overlapping review paths between the planning commission (land development) and the zoning hearing board (special exception/variance), and urged the applicant to consolidate revised plans and variance requests to avoid repetitive appearances.

The Hellertown Zoning Hearing Board spent significant time parsing where planning commission review ends and zoning board review begins after the applicant sought to convert 411 Main Street to two units.

Solicitor Bob Pichke explained the distinction: planning commission handles land development review and makes recommendations, while the zoning hearing board must determine whether a proposed use satisfies the zoning ordinance. "They can give preliminary plan approval. They can give conditional approval," Pichke said, but the board must still evaluate compliance with the zoning ordinance. Board members and the appellant described a practical catch‑22: planning staff had suggested notation on plans reflecting zoning approval, but the board said it cannot find code compliance without the engineered plans planning expects to review.

Several members urged the applicant to supply a single, full set of revised drawings that includes any requested variances (for example, a backing‑out parking variance onto Lubbock Street) so planning and zoning can each have the information they need. The board stressed that planning commission recommendations are advisory and that any variances remain under the zoning board's jurisdiction.

Tom Dietrich, the board chair, summarized the difficulty: "I don't understand why the leapfrog isn't going on," reflecting the mutual confusion about which body should clear what before the application proceeds to council. The board recommended a continuance and procedural coordination to prevent repeated hearings and extra costs for the applicant.