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Thursday, March 08, 2012

Atiyeh Turns "Field of Dreams" Into "Nightmare on Freemansburg Avenue"

Atiyeh campaign flyer takes aim at Madison Farms
Bethlehem Township developer Mark Wagner at one time called it a "Field of Dreams." But to residents upset about traffic and over-development, it's now more like "Nightmare on Freemansburg Avenue." They've gone to Court over it, too, in a land use appeal.

The litigation is being financed by, of all people, developer Abe Atiyeh.

In 2010, Wagner sold his dream, a 100-acre site on the north side of Freemansburg Avenue, to New Jersey developer KRE Group. Soon after that, KRE changed Wagner's original dream to "Madison Farms." But these farms are actually a 837-unit housing development, including 570 apartments in a five-story building. In addition to the housing, 140,000 square feet of commercial space and a retail village are proposed, along with an artificial pond.

In January, Commissioners unanimously granted preliminary approval. But that's now in jeopardy because of a land use appeal filed by neighbors Raymond and Megan Russin. Representing the Russins, Allentown Attorney Mark Malkames argues that the Township has no authority to approve these plans without first changing the zoning ordinance or granting a variance.

Paul Weiss, President of the Township's Board of Commissioners, stated he's "very surprised" by the challenge. "This is something we did in the past when we did Southmont," Weiss observed. "We didn't approve the zoning change until right before the final plan was approved."

But Malkames dismissed Weiss' argument. "I don't think courts decide cases based on the internal policies of the Board of Commissioners" he reasoned. "Simply because you do something the wrong way, that doesn't make it the right way to do it."

Malkames acknowledges that, although he represents the Russins, developer Abe Atiyeh is paying his legal tab. "I don't think it's any secret that Mr. Atiyeh is supporting the neighbors financially."

Atiyeh's Chief Operating Officer, Mickey Thompson, explained that Atiyeh is a Township resident. He, the Russins and other neighbors are on friendly terms and concerned about traffic and over-development. In fact, Atiyeh's wife ran for Commissioner last Fall, and made Madison Farms, traffic congestion and over-development the focus of her unsuccessful campaign.

Malkames predicted that numerous neighbors will oppose any zoning changes for Madison Farms. "It's the scope of the development," he noted.

Township Solicitor Jim Broughal explained that any zoning changes should be made after preliminary approval, not before, to protect the Township. "If you do the zoning change first, we're at the mercy of the developer," he stated. He noted a developer could provide the Township with a "pretty picture or cartoon," and then suddenly change it. He'd prefer to wait for the zoning change until the final plan is produced.

"I've been waiting for someone to tell me any other way to do this," Broughal explained, adding he'd rather have the developer trust the Township than the other way around.

The Russins did not return calls for comment. Mark Wagner, who still owns the site, also declined to comment on the litigation.

19 comments:

Anonymous said...

I love it the old do as I say not as I do Abe. how many communities has he destroyed and still wants too. amazing.

political parasites said...

This is how allentown was destroyed. Blighted factorys turned into living space still un occupied. Than the inner city electrical fires, the code violations and splitting of single family homes were all passed under Eric Wies no relation?

Anonymous said...

Quit complaining and accept this!!!

Anonymous said...

Its a shame it had to come to this.

zoid said...

and Abe is going to ask for a zoning change to put a convenience store on 191 across from Applebees, do as I say not as I do. something wrong with this guy.

zoid said...

Good article Bernie!! Keep up the good work.

zoid said...

For the attorney to make a statement that there will likely be others that oppose the rezoning(maybe "friends" of Abe), where have all these "opponents" been? Hiding under rocks? This development has been on the books for years and I for one do not recall reading anything about opposition to the project.

Anonymous said...

Here goes Abe again, abusing the land development/zoning process to stifle competition of his interests. Sounds a lot like his battle against Moravian Village's new center on Stefko. Wonder if any of his consultants are getting paid.

Bernie O'Hare said...

Abe's fight against Moravian Village s a fight against a business competitor. I understand that. But tell me what he gains from this land use challenge. He is not in the home development business. you might be right, but he does live in BT and might have a legitimate concern. Then again, as Zoid noted, he waned to put a convenience store and gas station on Rte 191. It's a mystery to me.

Bernie O'Hare said...

" splitting of single family homes were all passed under Eric Wies no relation?"

I honestly don't know.

Bernie O'Hare said...

"Good article Bernie!! Keep up the good work."

Thanks, I was tipped.

Ron Beitler said...

How can this area attract good developers. They are out there.... Look south to Montgomery Township. Arcadia land company for example. http://woodmontpa.com/index.html

One step is good planning. Good SALDO. Another is making municipalities adhere to regional planning. Other states do it. PA does not. We have great regional planning by the LVPC but it has no teeth.

How do we attract them? It's clear across the Valley people are fed up with status quo. Do we want to be exceptional or like everyone else?

Anonymous said...

You destroy communities by over-burdening them with houses, townhomes, and apartment buildings on pristine land. How many kids are going to be going into the school district because of all this housing, and where is the money coming from (besides the taxpayers) to support this kids?

The reason why no one is clamoring about this proposal is because it was kept quiet by the Township. Now the cat is out of the bag, I wonder how many people will show up to question their officials?

Lighthouse said...

This tract was addressed at a number of very public meetings during the 2004 comprehensive plan meetings, and the subsequent changes in the zoning.

Also, while the names and developers have changed, large scale development of this tract has been planned for several years. This whole Rte. 33/Freeemansburg corridor is to receive close to $25 million dollars worth of infrastructure improvements, and has been intentionally planned for development (Southmont, St. Lukes, Field of Dreams/Madison Farms, and at one time a Promenade-like lifestyle center).

Far from some conspiracy ("kept quiet by township officials"). If someone was unaware of this, they either a.) are brand new to the township, b.) live under a rock, c.) have an agenda behind their specious concern for the township.

Lighthouse said...
This comment has been removed by the author.
Anonymous said...

Yeah this was the Field of Dreams site and it still has a sign out there. No news here. It has been slated to be developed for about 10 years now. Move on people nothing to see here.

Anonymous said...

Who cares!!!

Quit your complaining and make the best of it.

Bernie O'Hare said...

Lighthouse, excellent points. This has been around a long time and has gone through very thorough planning. There has been considerable publicity along every step of the way. I suspect these folks still had no clue bc, unfortunately, people take no interest in government. When that happens, government has an unusual way of taking interest in them.

Ron Beitler said...

Yup, people don't pay attention til it's at an up and down votes at the legislative body level.

Why don't people get involved with planning commissions? Who knows. Maybe cause things aren't black and white at that stage? Maybe cause planning commission meetings contain a lot of engineer jargon? Plans aren't set at this stage?

Who knows. But most often people simply don't. This leaves the door open for people to say... Where were you the whole time?