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Wednesday, September 05, 2012

Bethlehem Township Considers Prison in Farm Country

Margle addresses Comm'rs
In April, a three-judge Commonwealth Court panel told Bethlehem Township that its zoning ordinance needed an overhaul. A failure to provide for prisons made the ordinance unconstitutionally exclusionary. Township Commissioners, at their September 4 meeting, decided unanimously to advertise an ordinance that will allow for prisons in agricultural zones. They are doing so over the objections of the Lehigh Valley Planning Commission (LVPC).

In a August 11 letter from the LVPC's David Berryman, Commissioners were cautioned against establishing prison zones in areas set aside for farmland preservation. He warned that some of this agricultural land abuts residential development. He instead recommended that an institutional zone be established, or that a zone be created in existing industrial areas.

But there's no room left. Special Solicitor Stan Margle told Commissioners, "We don't have any areas in the industrial or commercial zones." Manager Howard Kutzler agreed. He argued that following the LVPC recommendation would affect already that are already developed.

"This is where it works," said Kutzler, referring to the agricultural zone. He added that providing for prisons there "keeps us out of trouble."

According to Kutzler, the Dale and Gloria Koehler family is the only active farmer left in the Township.

Margle stated that, during an October 8 public hearing, LVPC concerns can be addressed in more detail, and with input from the public.

This zoning change has already been recommended to Commissioners by a unanimous vote of the Township's Planning Commission, at their August 27 meeting.

If this area is established, it will be in addition the right to build a 300-bed prison at 4255 Fritch Drive, located in an industrial park near Route 191. In their April ruling, judges gave developer Abe Atiyeh the right to build there. But it is a pyrrhic victory. Atiyeh and Northampton County Executive John Stoffa decided on a smaller facility in West Easton, which was dedicated last month.

In other business, Comm'r Tom Nolan suggested adding corrugated paper to the Township's recycling ordinance. "I know they take it," said Comm'r Mike Hudak, referring to haulers. But Commissioners unanimously agreed that adding this item to the ordinance would make the public more aware that cardboard can be recycled.

Commissioners' next scheduled meeting is on Monday, September 14, 7 PM, at the Municipal Building at 4225 Easton Avenue.

9 comments:

Anonymous said...

Stan is really starting to look bad.

Bernie O'Hare said...

I think it was me. I took three shots of Stan and this was the best of them. Even this one is partly out of focus. I am a lousy photographer, but I try.

Anonymous said...

Well that's pretty much the worst idea ever coming from the Township that hates even apartments near them.

I'm sure everyone living in the farming area loves the idea that the field next to them can be a huge prison.

What's with the public opinion period after it's already been recommended for approval? Perhaps if people knew about it, we'd come out and say something about it?

Lighthouse said...

"We don't have any areas in the industrial or commercial zones."

That may be largely true, but property in General or Light Industrial zones could always be redeveloped. The Township only needs to provide for the use, not a virgin piece of property.

Also, while Koehlers may be the only active farm family, their actual owned farm property is zoned Medium Density Residential, so if they ever got out of the business and sold, it would be homes and never a prison under this proposal as you report it. However, there is land zoned Agricultural in the Township. Much of Route 22 corridor between Hecktown and 33 (including a large tract, perhaps owned by Jaindle?). Also smaller tracts (though larger than Atiyeh's Fritch site) long Bethman Road. There is even land at the base of Farmersville Rd.

Wasn't there a proposal for a private prison up in the slate belt a few years ago? I think they should only be government run, rather than for profit, however they are permissable in the Commonwealth so nothing can stop them per se...only regulated throught land use zoning...and if it meets zoning it is can be built.

Bernie O'Hare said...

2:34, It's been recommended by the Planning Comm'n, but just as the BOC can discount the LVPC, it can disregard the Planning Comm'n, too. The BOC authorized the advertising. But before it decides anythijg, there will be a hearing.

Anonymous said...

"The Township only needs to provide for the use, not a virgin piece of property."

Exactly.

The Township needs to reconsider this crazy idea.

The County Planning Commission delivered a slick solution to the Atiyeh problem. It doesn't matter if there is land or not in an industrial zone. That's Atiyeh's problem in acquiring the land. All the Township has to do is allow it. Doesn't mean there is land to actually build it. Two different things.

I'm glad somebody is watching out on this stuff and writing about it, otherwise you'd never know until it's been passed.

The Township is getting bad advice on this topic from its attorney,but that won't be the first time.

Anonymous said...

The problem is if there is no land to put it on, the Township will be exposed again and be in court again. The court will not look favorably on a cute solution by the LVPC or the Township for that matter. Sadly the Township is stuck and wants to get out of the problem once and for all.

Anonymous said...

7:43:

There is land to put it on. Nothing says the land has to be vacant and ready to go. As long as there are lots that meet the minimum lot size in the district, the Township has provided for its use. What you're arguing is what Atiyeh tried with Allentown, arguing it didn't have enough room for hospitals. That's a different argument and a lot harder to prove.

What happens if the Township had the same case but for a quarry? Or strip club? Or landfill? Going to shove all those in the agricultural zone too?

I think the LVPC's idea is a practical one. It makes sense. The Township's explanation doesn't. You aren't going to find any townships with prisons in their farming zoning districts because prisons eat up a lot of land. I'd challenge Margle to find such an example. He won't.

It'd be beneficial to see the LVPC letter if it's possible to post it, Bernie.



Anonymous said...

I think Stan looks hot!