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| Developer Abe Atiyeh |
These changes were unanimously recommended by the Planning Commission in August. But the Lehigh Valley Planning Commission (LVPC) cautioned against using land set aside for farmland preservation, and warned that some of this land abuts residential development. These regional planners recommended the establishment of an institutional zone, or an overlay in existing industrial zones.
Marty Zawarski pointed out that, under the proposed change, a prison could be built as close as 200' from someone's home. "Two hundred feet! That's the width of my lot," exclaimed Zawarski.
Phil Barnard is opposed to the idea completely. He stated that residents have been very negative about prisons inside the Township. "It's something that I have some concerns with," he stated.
But President Paul Weiss explained that this change is being forced on the Township by the Commonwealth Court. "We need to allow any use which is permitted across the Commonwealth," he said. He added that it would be nearly impossible to create a zone inside an industrial zone because there's simply no room. "We would end up with the same situation that the Court told us we need to remedy," he concluded.
Zoning Hearing Board Chair Steve Szy, speaking for himself, noted that the amendment imposes a 1500' buffer away from sensitive uses like schools. He asked Commissioners to include medical facilities as well. "We need to keep this away from those as far as we can," he argued.
But Special Solicitor Stan Margle, who drafted the ordinance under consideration, advised Commissioners that they will have the discretion to decide whether allowing a prison within 1500' of another "sensitive use" is "detrimental to the Township."
Manager Howard Kutzler stated that a prison use inside the agricultural district is a "realistic location" that would defeat a subsequent claim of exclusionary zoning. "We're trying to avoid that," he said.
After the vote, Kutzler stated he will work on changes to the ordinance to accommodate the concerns expressed by Szy and Zawarski. Weiss agreed with this approach, stating that the ordinance can be tweaked.
Abe Atiyeh, a Township resident as well as the developer who successfully challenged the ordinance as exclusionary, said nothing about the merits of the proposal, but asked to be considered a "party" to the ordinance. So did his Executive Vice President, Dave Harte.
Solicitor Margle stated there's a legal reason for this maneuver, but declined to state what it is.
In other business, Commissioners agreed to seek bids for signage at Housenick Memorial Park.
The Board of Commissioners are next scheduled to meet on Tuesday, October 15, 7 PM, at the Municipal Building, located at 4225 Easton Avenue.
20 comments:
Rumor has it, Abe Atiyh is like a boil on the Devils ass.
There is something seriously wrong with Abe. He is costing taxpayers across the Lehigh Valley hundreds of thousands of dollars in legal fees to defend against his asinine legal challenges and lawsuits. Think about it, if you don't play with Abe and or he is not part of your team he will fight that development and file suit against any municipality that approves a project he is not a party to. He has cost the city of Bethlehem over $200,000.00 to date and still counting for all his shenanigans over there, he still has an active lawsuit against the city of Allentown regarding the arena project and he has several current lawsuits and or challenges against Bethlehem Township. I don't know how but we all have to find a reasonable legal way to diffuse this moron. He continues to be nothing but a roadblock and enjoys nothing more than getting his name and picture in the paper.
Abe is worse than a BOIL!
What kind of lunatic walks around with a rosary around their neck?
Are nuns lunatics?
How much money did Bethlehem Township waste challenging the Prison when it was proposed to go into the Industrial Zone (away from residential houses)? Zoid apparently forgets that.
Glass houses...
Let's get the facts straight on the proposed treatment center. The township supported that at the Zoning hearing board with conditions according to the zoning ordinance special exception use requirements. It was the ZONING HEARING BOARD that put the screws to the application not the township. Municipalities by the MPC have no control and or influence over the ZHB.
Nor should they. A ZHB is quasi judicial and should be above politics or political pressure. It did not work out that way in BT. The BOC actually was more willing to do the right thing, while the ZHB failed to follow the law. Repeatedly.
Zoid/Bernie:
If the Commissioners knew the Ordinance was an issue and the ZHB wasn't doing it's job, then why didn't they amend the Ordinance in the first instance and not have the Board waste the Township's money?
Didn't the court rule the Ordinance was eventually defective? (Keep in mind an Ordinance what was predicated upon a Comprehensive Plan that they spent upwards of $100k). And if that's the case, it's up to the Commissioners and not the ZHB to rectify the mistake.
I love how Cities, Towns and Boroughs all heap blame on these zoning boards when they are typically only interpreting bad law in the first place. The zoning board provided the Commissioners the cover to keep the rehab center out of the Township, and I don't believe prisons were ever a permitted use in the first place.
And I used "in the first place" way too many times...it's hard to write when confined to a little box!
Are nuns lunatics?
Thank you for making my point.
No, they are nuns.
(But I would say yes as well since believing in supernatural beings is on the brink of schizophrenia.)
Get the facts straight, the treatment center application and prison use that Abe filed a suit over are two distinct and separate issues.
"If the Commissioners knew the Ordinance was an issue and the ZHB wasn't doing it's job, then why didn't they amend the Ordinance in the first instance and not have the Board waste the Township's money?"
The could, but the application would still be governed under the ordinance in existence when it was filed. So that does not solve the problem. What would ave solved the problem was a ZHB that acted more like a quasi judicial body and less like a kangaroo court. They really blew it.
For the money they pay, Bethlehem Township gets really awful legal advice.
This prisons in the agricultural district idea has always stunk. The arguments for it make no sense. There were no alternatives presented and there are always alternatives.
President Weiss is correct, if it is a permitted use by the Commonwealth it is a permitted use. If the Twp does not rectify this exclusion--and it was exclusionary, a developer could try to force it in any district. It is far better for the Twp to finally address this and have some say in where any potential use is most appropriate in the Twp. Quite honestly, I think this was pretty smart. For example, the tract north of Route 22 to (and around) the "protected" Johnson (?) farm that straddles BT/LN Twps, would almost be ideal IF such a use were forced upon the Twp. Most BT residents probably don't even realize it is part of the twp being north of 22, and it does not abut any residential developments other than an access point across the street from Abe's own. Jaindl property?? Tract may cross LN/BT Twp lines in the middle?
5:33 Bingo!! you get it. Put any prison or jail away from the most amount of people - residents, workers, shoppers etc.. as is possible. The Township did right with this one!!!
Who really cost the cities or townships 200,000. Abe or the egghead commissioner, supervisors, council members, politburo, or any other legal entity. I think they both caused it. But is this any different than Obama's redistribution of wealth. That's all Abe is doing. Taking the money from one place and redistributing it somewhere else. Attorneys pockets lol. He is just helping the economy by getting money to turn over. It's sitting too stagnant.
What's with Abe's necklace? Is that really a rosary?
It appear to be a rosary and he wears it often. I've never asked him why he wears t so often, and he'd be right to tell me it's none of my business. But there might be a story to it. Maybe a relative asked him to wear it, or he made a vow. It's none of our business, unless he wants to share. I will ask.
He needs all the help he can get to try not to get on that sliding board to hell!! He is evil and the anti Christ
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