Bennett takes 443 battle to court
A local businessman is scheduled to appear in Carbon County Court over a property dispute concerning a proposed road widening project in Mahoning Township.
Joseph J. Bennett is set to appear in Carbon County Court on Oct. 17 following the transfer of his property on Blakeslee Boulevard Drive East to the Pennsylvania Department of Transportation.
Over the winter, PennDOT filed an eminent domain declaration of taking action against Bennett Family Properties LLC, and Joseph Bennett, 619 Iron St., Lehighton.
A major component of the project is improving roadway drainage to address flooding concerns by the local residents and motorists.
Bennett’s property, or a portion of it, is required for the transportation improvement, and they previously offered him $407,000 after the Declaration of Taking is filed.
Bennett said, “The road widening project will certainly benefit quicker access to Walmart and the other national retailers who are further out 443,” Bennett said. “However, it doesn’t help the local retailers between the bridge and the Walmart because frontage which is being taken, and more importantly, access to driveways, will be impeded.”
Bennett said various businesses along 443 will be impacted.
“In other words, where the couple who own the Beacon 443 have had unimpaired access to that road will now have one entrance and will lose parking directly in front of their building. I’m more concerned for them because they’ve been in business for so many years, than I am for the folks who need to get to Walmart two minutes earlier,” he said. “Taking my property on 443 next to Aldi’s makes it useless since there won’t be any taxes paid to Mahoning Township.”
Bennett said the same situation is occurring with the property between Kia and Lowe’s “on that valuable, signalized corner.
I just feel that PennDOT’s engineering would be better suited to retention ponds off the valuable frontage, which on 443 is the whole reason for widening the road,” he said. “So, the net tax loss is substantial due to PennDOT acquiring so much property, period.”
Bennett continued to express his concerns over the situation.
“My whole issue is that you’re taking all that frontage and impeding the access is hurting local businesses,” he said. “I can afford to find another property, but there’s only so much frontage on valuable 443.”
Several other property transfers related to the upcoming Route 443 Safety Improvement Project were approved for the road widening project and include the following:
• Schwab Properties LLC to Pennsylvania Department of Transportation, Allentown, property at 771-811 Blakeslee Blvd. Drive East.
• Chung Hsiung Lee to Pennsylvania Department of Transportation, Allentown, property at 1235 Blakeslee Blvd. Drive East.
• John J. Lennon Jr. to Pennsylvania Department of Transportation, Allentown, property at 583 Blakeslee Blvd. Drive East, in Mahoning Township.
PennDOT is required to provide stormwater management facilities to comply with regulatory agencies as part of the improvements in the Route 443 corridor.
Due to the linear nature of the project, stormwater management facilities need to be placed in a location to maximize the amount of stormwater that can be captured and situated near a point of discharge.
Ron Young, PennDOT spokesman, provided an update on the project.
“The project to improve Route 443 in Lehighton Borough and Mahoning Township is still in the design phase,” Young said. “The department estimates a construction contract may go out for bids in February or March of 2020.”
Young said the project includes roadway improvements on Route 443/Blakeslee Boulevard Drive East from Ashtown Road to the Route 209/Thomas J. McCall Memorial Bridge, including widening to accommodate a three-lane section through a majority of the project to accommodate a two-way center turn lane for safety and mobility of traffic through the corridor.
He said the project also includes the realignment and replacement of the Route 902 bridge over Mahoning Creek, and also calls for replacing traffic signals with new ones.
Young said the estimated construction cost is in the $26 million to $28 million range, and that the anticipated construction is expected to take between 1.5 to 3 years.
He said that section of 443 has an average daily traffic volume of 16,893 vehicles.
