EASTON, Pa. — Don’t spark that celebratory cigar just yet — a proposed high-end Easton smoke shop has been put on hold in order to address issues with a variance.
During Monday night’s zoning hearing board meeting, Brandon Helena, who is renting a retail suite at 1458 Northampton St. from 1458 Packard LLC, sought a variance and exception in order to open the business.
However, the matter was continued and pushed off to the board’s June meeting to allow time for Helena to determine if his potential shop would be too close to a nearby business with a similar C6 zoning clearance.
- A tenant is seeking a variance and exception for a high-end smoke shop at 1458 Northampton St.
- The board informed Brandon Helena, the individual seeking the variance, that his proposed business was too close to an existing retail specialty establishment
- Helena has been told to find out the state of Carrie's Smoke Shop, which he claims is closed, in order to finalize the matter
Both Helena and Realtor Paula Antario noted Carrie’s Smoke Shop, located at 1303 Northampton St., may fall short of the required 1,000-foot separation required by zoning codes, though they argued Carrie’s was, at the very least temporarily, out of business.
We sell different products, we’re not going to sell the same products. We’re going to sell high-end cigars, premium cigars, humidors – handmade – and the other smoke shop, I think it’s currently closed. It’s been closed for at least three months, and it’s for sale.Brandon Helena
Beyond that, the pair suggested falling short of only about 50 feet of the required distance from another specialty shop to be of little importance, especially considering the difference in products sold at either location.
“We sell different products, we’re not going to sell the same products. We’re going to sell high-end cigars, premium cigars, humidors — handmade — and the other smoke shop, I think it’s currently closed. It’s been closed for at least three months, and it’s for sale,” Helena said.
Helena said he attempted to contact the owner of the other shop to clarify the state of that business, though he received no answer.
He added he only knew about the requirement to seek the variance and the exception after he had signed a lease for his planned Northampton Street business.
At one point, when Antario re-emphasized Helena’s shop would not sell anything like the products offered at Carrie’s Smoke Shop, zoning hearing board solicitor Robert Nitchkey explained the type of specialty shop did not matter, only the designation that it fell under C6 use.
“A C6 use encompasses a whole slew of different things, OK? There’s a reason for that requirement in the ordinance. And I’m not discounting what you’re saying. I don’t mean to speak for the board, but from what I’m hearing, they’re having difficulty with this,” Nitchkey said.
The board did not have any issues with the request for a special exception to establish a cigar store at the location, Nitchkey said, though the variance for the required 1,000-foot space between two retail specialty shops was an issue.
Other issues
Nitchkey, along with some of the board members, was also curious about exactly what else would be sold at the shop, as its description also listed it as a “convenience store.”
Helena clarified he intended to sell some snacks and drinks, though the cornerstone of the business was to be based on tobacco products.
“Let me rephrase the question – As far as tobacco products, are you going to sell anything other than cigarettes, cigars, humidors, lighters?” Nitchkey said.
Board Chairman Michael Civitella added to the solicitor’s inquiry, wondering if Helena intended to sell CBD products. Helena said he was not planning on doing so.
Nitchkey also noted there was a potential for the variance and exception to be denied without prejudice, which would have allowed Helena to reapply, though he would have been subject to fees again. The board’s decision to allow for the continuance would prevent Helena from having to file or pay any additional fees.
At another point in the meeting, Helena was asked as to why he did not attend a planning commission meeting set for May 3 which addressed the same property. Helena noted he received no notification of the meeting.
After some discussion, the board opted to present Helena with the option to confirm the state of Carrie’s Smoke Shop. If the business were to close officially, the 1,000-foot separation would not be an issue.
But if the owners were to reopen or sell the business at 1303 Northampton St. to someone who wished to continue to operate it as a tobacco and vape store, it would make a difference what Helena’s location would do — with the specialty clearance already in place at Carrie’s, Helena’s business is not permitted to operate in such a proximity.
Helena’s prospective business would be open from 10 a.m. to 6 p.m., Monday through Friday, with two employees working different shifts at the location.
The matter will be added to the agenda for the next zoning hearing board meeting, tentatively scheduled for June 19.
