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.