Developer Sues Forks Township Over Cigar Bar Approval

A local developer has filed suit against Forks Township, claiming the municipality improperly granted approval for a cigar bar and restaurant next to the developer's property. 

The suit by Lehigh Valley Brennan Farms challenges the township supervisors' conditional-use approval for the restaurant/cigar bar and the retail shop portion for Famous Smoke Shop.

Last month, the supervisors unanimously approved a conditional-use application and a liquor license transfer allowing Famous Smoke Shop to build a 60,000-square-foot warehouse and restaurant facility at 90 Mort Drive. As part of the conditions, no one under 18 will be allowed service or entry into the restaurant portion. 

But attorney Donald Souders Jr., who represents Lehigh Valley Brennan Farms, says more restrictions should have been placed on the conditional-use approval.

“The approval would run with property or any successors or even a third-party agreement,” he said. “There should have been additional restrictions imposed.”

During last month's hearing, Famous Smoke Shop owner Arthur Zaretsky said the facility would also have music nights with acoustic guitars and piano and private parties with cigar and liquor vendors that would include dinners.

Souders said his client is concerned that under the current approval, future uses for the facility could attract bands, parties and other potentially loud events.

Souders also said a conditional-use hearing was never held for the retail shop approval.

“The Board of Supervisors never obtained a written advisory opinion from the Planning Commission,” he said.

Souders said the township's approval of the project was premature.

Meanwhile, township attorney Karl Kline said of the lawsuit, “It is unusual that one developer is actually challenging the approval of a development in the township."

Kline said he will represent the township in the suit.

Lehigh Valley Brennan Farms is a commercial and industrial real estate developer also under the name of developer J.G. Petrucci Co. Inc. It owns the Fort James II Industrial Park at Kuebler Road and Mort Drive. The park is in the 8-acre lot next to the Famous Smoke Shop property.

Last year, Famous Smoke Shop was given approval to begin construction on a warehouse facility. Then in June 2010, Zaretsky decided to expand those plans to include a restaurant with plans to open the first week of June of this year.

Famous Smoke Shop already has a retail store and warehouse at 1100 Conroy Place. But according to Zaretsky, the business has outgrown that facility with booming online and retail sales. That facility, which has been open since 2000, is about 23,000 square feet and has 78 employees and will continue to operate. 

The Mort Drive plans call for a $1.2 million restaurant and bar measuring 3,664 square feet and featuring an additional 1,024-square-foot outdoor patio for seating and full kitchen.  The hope is to have a capacity of 60 seats inside, 24 seats outside and an 11-seat bar. There will also be a special area for smoking only. And there will be about 190 parking spots.