BETHLEHEM TWP., Pa. – The Bethlehem Township Zoning Hearing Board continued a zoning relief appeal concerning a proposed auto service and convenience store during a remand hearing Wednesday night at the municipal building.
The applicant, Rajwinder Nagra and 4WAY Junction LLC, is contesting a township zoning determination issued on Sept. 26, 2023. Nagra is proposing to operate an auto service station and convenience store at 4063 Nazareth Pike (Route 191). That’s a well-known spot to many drivers in Northampton County, as it sits directly in front of the Route 191 off-ramp from Route 22 westbound. It previously was an Exxon gas station, but that closed nearly 25 years go.
Bethlehem Township’s zoning administrator has determined the convenience store’s operation will constitute a principle use change. With this determination, Nagra is required to submit a site plan reflecting various components. They include adequate loading area, minimum drive aisle widths, compliance with vehicular parking standards, compliance with use standards for auto service stations, and compliance with necessary protocol to secure a state highway access permit as issued by the Pennsylvania Department of Transportation.
Wednesday night’s hearing was convened without the applicant and his attorney Peter Layman present. Township legal counsel informed the board that discussions with Layman had reached consensus, and the hearing would be continued. The zoning hearing board then voted to continue the appeal to Oct. 28.
The case has a lengthy history. Nagra has argued that he is not proposing changes to the existing site which previously was an Exxon gas station. Given that the building, canopy, parking space and traffic aisles are pre-existing, Nagra argued he would be exempt from usual zoning requirements.
“It is a small and irregular lot,” Nagra said previously in the formal application. “Code exempts existing lots where no changes are being made to the layout.”
On Oct. 25, 2023, the zoning hearing board upheld the original determination of the zoning officer, who determined that a convenience store would constitute a change in principle use because the previous retail operation — the snack shop — amounted to only an accessory use.
On July 9, 2024, Judge Brian Panella remanded the case to the zoning hearing board. The remand was predicated on whether the zoning hearing board thought further testimony was needed to rule on the case.
On Sept. 25, 2024, a remand hearing was held and zoners wanted additional evidence to prove the location was used as a convenience store. Nagra testified that “even if you give me 600 days,” he could not obtain additional evidence to what had been submitted at the Oct. 25, 2023, hearing. This was because “that was the extent of his knowledge” about the previous business’ operation.
Nagra claimed in 2021 he confirmed with the township’s zoning administrator that an auto service station and convenience store were permitted uses for the property. Based on that assurance, he then purchased the property at a sheriff’s sale for $300,000 and later invested in improvements totaling $150,000.