Stormwater conditions must be met before a local businessman can proceed with a building project in Lehighton.

Joe Bennett presented his Route 443 development project to borough council on Monday and said he would like to stage the work in two phases.

He said Phase One would be to install a retaining wall and stabilize the shale that’s on top and gain as much foot depth as possible to lease for square footage for the building.

Bennett said the best option is to move the wall back, and then do an as-built, noting that they would address the stormwater as they go.

He said they have one tenant, and are looking for a second one.

Bennett noted that the property wraps around NAPA Auto Parts, and said he’s concerned that vehicles won’t be able to make a left turn coming off the bridge onto his property.

Borough Manager Nicole Beckett told Bennett that there were four conditions that have been established: building permit, zoning permit, stormwater, and developers agreement.

“There’s a lot of dynamics on our end,” Beckett said.

Borough engineer Bruce Steigerwalt said what Bennett’s plan originally got permitted for differed from the work he wants to do now.

“To me, that requires a major modification to the NPDES permit,” Steigerwalt said.

Bennett acknowledged that it’s a really unusual property.

“In order for us to do this, we need to be able to stage this,” he said. “We’re looking for this to be something flexible.”

Borough solicitor Jim Nanovic explained to Bennett how he saw things.

“You want to put in a wall; that’s going to have some effect on stormwater,” Nanovic said. “I look at this as a separate project; there has to be stormwater management to address what is being done.”

Bennett reiterated that time is of the essence.

“We got to get started; we got to make it happen right now,” he said. “We have our NPDES permit.”

It was then suggested that the parties sit down and work out Phase One.

Bennett stressed the importance of getting the project underway as soon as possible.

Councilman Ryan Saunders noted that last month, council approved an extension until Oct. 31 for the land development/subdivision and vacation plan, as well as authorization for the developer to proceed with the construction of a retaining wall with conditions being established by the borough solicitor, engineer and manager.

Beckett noted that council had expressed their support for the project as long as the conditions were met, and said she is working through the conditions with all parties.

The borough had received Land Development and Subdivision Plans for Joseph and Debra Kay Bennett on 443 for the parcels next to the AutoZone in August 2018.