Lehighton Borough Council has rejected a developer’s request to provide a building for a nonprofit to store its dental van.

Joe Bennett, who owns property at the intersection of Millway and Bridge streets, discussed his preliminary plan with borough council last week.

Bennett told council it’s a preliminary plan, and asked it to consider his plan for further development of the property he said he and his wife have owned for about 35 years.

“We’ve cleaned it up, and are looking to do a dental van that goes to schools, that take care of children’s teeth.” Bennett said. “There’s definitely a need for this service.”

Bennett said they’ve asked for a second van, and would like to store them in a building that’s a residential property.

“We had the opportunity to speak with my neighbor, (and) he’s in support,” said Bennett, who noted the Lehighton American Legion was as well. “We’re asking to allow to build at risk.”

Bennett told council he’d like them to allow him to rezone his property as a C-3 zoning district.

Township solicitor Jim Nanovic told Bennett things don’t work that fast.

“Changing zoning is not a simple process,” said Nanovic, who added it takes at minimum several months to do. “You’re not going to be able to do that quickly because it’s not zoned for that.”

Nanovic said that council cannot give Bennett zoning approval.

Councilwoman Autumn Abelovsky said that she reached out to the borough’s code enforcement officer, who mentioned that if council were to approve this, Bennett would have to follow land development to the tee.

Abelovsky added that the borough’s zoning/code enforcement officer felt the good outweighed the bad, and that if he were here, he would approve it.

However, Councilman Donnie Rehrig said his belief is that “ducks have to be in a row before we approve it.”

“There’s a lot of things that go into this,” Rehrig said. “I have no problem with what you do.”

Bennett said they would be sure to follow things by the book.

“We will do everything that should be done,” Bennett said. “We’re asking for your (council’s) support to be able to build at risk.”

At that point, Abelovsky said she would have to go under the recommendation of the borough’s zoning officer.

Borough Manager Dane DeWire asked Bennett that if council were to approve Bennett’s request, what would happen once a new council is in place and they would tell him he has to take his building down.

DeWire said that while he doesn’t disagree with what Bennett wants to do, he cautioned that Bennett’s at-risk may turn out to be more of a risk than he believes.

After no other council members were willing to support Bennett’s request, Councilwoman Becky Worthy offered an explanation as to why.

Worthy said that in lieu of last week Tuesday’s election, along with the fact there would be several new members joining council, it didn’t feel it was fair to make such a decision.

Councilman Ryan Saunders explained to Bennett what while he believes the building is a “great idea,” what scares him is the theory of an at-risk build when there’s a process.

Saunders then seconded the motion, which was defeated by a 4-2 margin. Council members Lisa Perry, Rehrig, Worthy and council President Grant Hunsicker were opposed. Abelovsky and Saunders were in favor.