Neighbors Concerned With Move To Vacate Private Street

At first glance, it looks like the entry into the parking area for the Budget Beverage beer distributor.

But the portion of N. 31st Street that begins at Tilghman Street in South Whitehall and extends north for 172 feet is actually a private road. It leads to three homes and undeveloped lots located behind the business areas that front Tilghman Street.

On Wednesday, that road was at the center of a debate over whether South Whitehall commissioners should vacate it, at the request of M & F Associates, which owns the adjoining property that houses the beer distributor and other businesses. 

The commissioners deferred action to March 21 to allow neighbors to confer with a lawyer.

The road was pitted and worn until M & F Associates of South Whitehall recently paved it at a cost of about $15,000, according to information presented at the meeting. M & F Associates, in asking that the road be vacated, promised to maintain it, including removal of snow after storms.

Attorney Thomas Siegfried, who represents M & F Associates, said neighbors would continue to have the right to use it to access their properties.

Residents, however, questioned whether those promises would hold, especially if new owners take over.

"To me, it looks like I'm being landlocked in," said resident Stephen Greene, of 725 N. 31st St.

He and other residents who attended the meeting asked why South Whitehall never took over the road or tended to it, since they pay township taxes.

Siegfried and township Solicitor Joe Zator pointed out that, under state law, the township's rights to take over ownership of the road expired long ago. Zator and the commissioners were unable to address why the township never took over the road, since that would have involved previous administrations from years ago.

Since the township doesn't own the road, Greene asked, how do officials then have authority to vacate it?

The commissioners will take up the matter again next month.