Green Pond - The People Speak

David Brooman, a Norristown-based attorney, is an independent hearing officer unanimously appointed by Bethlehem Township's Board of Commissioners to take testimony and render a decision on a tentative plan submitted by developer Traditions of America (TOA) for an active senior community at Green Pond Country Club. What makes this development controversial is its location adjacent to environmentally sensitive wetlands, smack dab in the middle of an Audubon-designated "Important Bird Area," called Green Pond Marsh. Bethlehem Township's Planning Commission decided in late November to recommend approval, but Broomal must make an independent decision. He has conducted several hearings with technical testimony offered by Traditions of America and "Save Green Pond." But his April 11,2017 hearing was different. It was an opportunity for the people to speak, and they did. He heard from 29 of the 80 people who packed into the municipal building on an unusually warm April night.

Of the 29 people who spoke, 13 were opposed to the development.The remainder were either supportive or neutral.

Supporting Arguments

Joe Douress

- Green Pond Country Club provides a venue for numerous local charities. Joseph Douress told Brooman that he started the Heroes tournament there in 1992, in honor of his 12-year old daughter. She unfortunately succumbed to leukemia. Through that tournament, he has raised $200,000 for children with cancer. The funds he raises enables them to spend a week-long camp in the Poconos. Douress's sentiments were echoed by Bill Sugra, whose son was killed at the World Trade Center on 9-11. He hosts a tournament there that has raised $600,000 for 70 nonprofits in the Lehigh Valley. So does Bill Hankee, whose daughter Krysta died at age 22 after collapsing at a gym. He conducts an annual golf tournament in her honor at Green Pond, and has raised $100,000 to purchase gas cards for medical travel and educational grants aimed at our youth.

Dean Young

- Green Pond Country Club is a place where inner-city children can learn about golf and enjoy the countryside. "Our kids are getting an opportunity that they otherwise simply couldn't afford," said Dean Young, Executive Director of the Boys and Girls Club in Easton. He stated that golfers often donate shoes and clothing for kids on the course, and said they are sometimes lucky to see a red fox. He said the golf course provides a "human connection." Joseph Masulli said that Grren Pond golf pro John Kulhamer is "unbelievable with the children."

- Green Pond Country Club hosts high school and college golf. "It would be a shame to let this course go," said Stephen Malitzki, a former Township employee and head golf coach at Northampton Community College. He said that many local high schools and colleges use the course.

- The migratory birds will find another place. This argument was made by Tom Lusto, a golfer who used to teach biology at Moravian Academy. "I am certain that, over time, the biology will work itself out," he said. Tom Stitt, a local attorney and golfer, also made that argument, noting there are far more snow geese by his Lower Nazareth office than will be found at Green Pond Marsh. But this was disputed by the Audubon's Barbara Malt, who told Broomal that the shore birds who frequent the wetlands need that environment.

Sen. Lisa Boscola

- TOA will generate a lot of revenue for the Township. Joseph Masulli, who moved to Bethlehem Township to escape higher taxes in New Jersey, noted the tax revenue to the township alone will be $2 million. (TOA Principal David Biddison at previous meetings said that the Township would benefit in the form of a $343,500 recreation fee, $250,000 in annual property taxes and $500,000 in realty transfer taxes. The school district would also receive $1.9 million in taxes from a development with no children.) "Dpn'y throw out the good for the perfect," said Anthony Liberatori.

- An active senior community is needed. Don Appleton would like to move into TOA at Green Pond, saying that the developer has a reputation for "high quality homes." State Senator Lisa Boscola called the project a "no brainer," but said she could "promise" the residents that the wetlands will be protected and enhanced. "I want to be part of the solution," she said.

Opposing Arguments

Kathy Glagola

- Green Pond Marsh is irreplaceable. That word was repeated by nearly every person who spoke against the development. Paul Jordan, who lives across the street at what he calls "ground zero," said the mere sight of the marsh is "spectacular," and noted a bald eagle was just spotted there the previous weekend. "There is nowhere else that these birds can go," said the Audubon's Barbara Malt, who said the nearest resource is at least 25 miles away. Ann Fessler, who teaches 5th grade at Moravian Academy, called it ia "pristine sanctuary" that she would instantly choose over a golf course or wedding venue. "Once it's compromised, it can never be remediated," said Michael Adams, who grew up in the Township. It is not just a local resource. It is a regional resource." Irene Torres, a local artist said, "My heart lives in Green Pond." Kathy Glagola noted that only two percent of Pennsylvania consists of wetlands.

Karen Berry

- There are native American artifacts at Green Pond Marsh. Karen Berry noted that Green Pond Marsh is the site of hundreds of Lenni Lenape artifacts, including a semi-lunar knife used by native women to clean fish. She noted that Barry Kresge, a member of the Society for Pennsylvania Archeology, has had the area listed as a Pennsylvania Historical Site with the Pennsylvania Historical and Museum Commission. She acknowledged that development can still occur there.

- Greed is the motivating factor. John Gallagher, a retired architect, stated that "Ultimately, it's all about the money." He noted that 229 homes are being sold at an average price of $459,000, making it a $105 million project. he said the cureent design only considers the need of one stakeholder, the owner.

Victoria Bastidas

- The Marsh could be preserved. "You don't have to develop the Township this way," said Vicki Bastidas, who said she is the Vice Chair of NorCo's open space committee. She said the land could be preserved as open space.

After everyone had spoken, Broomal said he would keep the record open while the hearing noted are being transcribed.He expects briefs from TOA and Save Green Pond by the end of June,and will issue his decision about two months later. Both sides agreed to give him an extension of he thinks he needs it. So a decision on this senior community will wait until Summer's end.

At least three Commissioners were present for the final hearing, along with Manager Melissa Shafer and Planning Director Nathan Jones.

"Save Green Pond" Wants to Pack Tonight's Meeting

From Save Green Pond: - Remember this meeting from July 2014, when the meeting room was packed?

https://lehighvalleyramblings.blogspot.com/search?q=green+pond

www.wfmz.com/news/lehigh-valley/residents-rally-to-save-green-pond-farm-from-development_20160527115736900/19496540

We need to have a showing of people like that again on Tues April 11. This is the day that the judge in this case has opened the floor for anyone from the public to make comments. THAT IS A VERY IMPORTANT DAY for you to come and make comments so that the judge can understand the importance of Green Pond Marsh to this community and to the over 180 species of birds that use it. Even people from outside Bethlehem Township will be allowed to speak.

In the past month there have been over 25 hours of testimony on six separate days presented to the judge who will decide the fate of Green Pond Marsh. April 11 is your opportunity to really help SaveGreenPond.

The final hearing date is set for April 11. The time period for public comment on that day is from 7 to 10pm. This is our final opportunity to speak directly to the judge who will be deciding the fate of Green Pond Marsh. This is a critical meeting; please come and speak on behalf of Green Pond Marsh.

Hearing schedule for April 11:
4-7pm; continuation of witness testimony.
7-10pm: Public comment

The hearing will take place at:
Bethlehem Township Municipal Building
4225 Easton Avenue
Bethlehem, PA 18020
Phone: (610) 814-6400

Thank you,
SaveGreenPond.org

At Least Six Green Pond Stockholders Still Have Local Ties

On Monday, Green Pond Attorney Graham Simmons told the Bethlehem Township Planning Commission that there were 24 stockholders at Green Pond Country Club, and that except for his uncle John, they have no ties to the township or, for that matter, the Lehigh Valley. The implication was that these were heartless bastards only interested in seeing a return on their investment, and that they would not hesitate to rip apart the Green Pond Golf Course if that meant more money in their pocket.

Green Pond Attorney Graham Simmons was less than honest. Thanks to regular reader Hank_Hill, I have a list of the 21 (not 24) stockholders. They are all listed on Green Pond's liquor license, which is a matter of public record.

W J DAUB III (Uncle John) is PRESIDENT and DIRECTOR. CHARLES W CHURCHMAN JR is VICE PRESIDENT and Director. His family is associated with Easton's Churchman Business College, and the family may still reside in Easton. ALDO BRAIDO, a Director, is Chairman of the Board at General Supply. His company is located in Bethlehem Township. JOSEPH E MILUTIS, another Director is a former NorCo GOP Chair and IBM Exec. He is listed as an officer at AAA Northampton County and appears to be an Easton resident. RICHARD R RULAND is a Director and someone with that exact name lives in Bethlehem. The same is true of another director, Someone with the exact same name as director John J Simon lives in a $400,000 home in Bethlehem Township. RODGER L ZELLNER JR is listed as ASSISTANT SECRETARY, ASSISTANT TREASURER and MANAGER/STEWARD. He is a local resident.

Stockholder ELSIE L BROWN may be John Daub's deceased aunt and widow of Thomas Brown, who co-founded the Brown Daub car dealership in 1936. Thomas Brown had been employed at General Supply Co.

The remaining stockholders will be checked today through a search of Northampton County property records. They are H R RITTERSBACH III, DIRECTOR; CHARLES R WILSON; ROBERTA G BENNETT; RICHARD R BILHEIMER; DOUGLAS BILHEIMER; L H BROWN JR; T S BROWN; PETER DEELY; THOMAS DEELY; JUNE L LUYBEN; SUSAN MCCREA; JOAN M TAFT and GABRIELLE WILLIAMS.

For you Caddyshack fans, I did not see the name Carl Spackler.

Contrary to what Simmons told the Planning Commission, at least six stockholders are still tied closely to the Lehigh Valley. There are likely more, and I will determine that today.

You can help, too. If you recognize any of these names, please feel free to share what you know in the comments.

Green Pond Marsh Good Cop, Bad Cop Routine

Green Pond Marsh

They're back!

Now that the election's over, plans to develop Green Pond Marsh into an active senior community are back on the table. The Planning Commission was subjected to a good cop, bad cop routine at their January 25 meeting.  They've already granted waivers and deferrals once, and did so again.

This project is the brainchild of developer Traditions of America (TOA), which specializes in building 55+ neighborhoods. TOA was first started by J.B. Reilly, who is developing the lion's share of projects within Allentown's controversial Neighborhood Improvement Zone (NIZ).He still maintains a financial interest in the company. David Biddison, a partner and TOA's Director of Operations, made the presentation.

He was the good cop.

Originally proposed as a 256-home retirement community, the plan has been highly controversial because of its location at Green Pond Marsh. During numerous crowed meetings, many were concerned about the 180 different bird species that have been documented in wetlands so rare that the Audubon Society designated them an "Important Bird Area." Others worried about increased traffic on back country roads. Still others complained about storm waters, a major problem in Bethlehem Township and a sore spot with many residents.

Biddision originally insisted that only 27,000 sq ft directly across Farmersville Road from the pond has actually been delineated as a "wetland." But the U.S. Army Corps of Engineers and PA Department of Environmental Protection visited the site and determined the wetlands actually make up nearly five acres of a 68-acre parcel.

That was obviously a setback, and in the meantime, "Save Green Pond" signs began appearing all over the Township.This drew the ire of Planning Commissioner Les Walker, who called the signs "ridiculous." He called opponents NIMBYs (not in my back yard).

Les Walker would soon see many more "Save Green Pond" signs as Malissa Davis ran on that theme and was elected to the Township's Board of Commissioners, along with democrat Kin Jenkins. Republican Commissioner Tom Nolan had already declared himself against the development, calling it a "poor plan" at a "terrible location."

TOA went back to the drawing board and submitted what they are now calling a "revised" plan.

Good cop Biddison said he was "receptive to some of the concerns" and presented a plan that reduces the density of the development while increasing the amount of open space as well as buffering the wetlands area. The number of homes will decrease from 261 to 229, while the traffic from the development itself should be reduced from 541 to 481 trips per day. He has expanded the open space from 22 to 29 acres, and 18 of those acres will be true open space, independent of any storm water management. Buffering of at least 50' will surround the wetlands. The closest any home will be to the wetlands in 309.' This revised plan will also contain 4.5 acres less of impervious coverage, which tends to create storm waters.

Biddison also pointed out that the Township would benefit in the form of a $343,500 recreation fee, $250 thousand in annual property taxes and $500,000 in realty transfer taxes. The school district would also receive $1.9 million in taxes from a development with no children.

He wrapped things up by noting that, in addition to protecting the marsh, this plan would save the contiguous Green Pond Golf course.

Next it was the bad cop's turn.

That would be Graham Simmons an attorney at the Norris McLaughin law firm up to its eyeballs in the federal investigation into pay-to-play in Allentown. They represented Miked Fleck, J.B. Reilly, Scott Fainor and numerous regular Pawlowski contributors like Rob Bennett of Bennett Toyota. Fed Ed is rumored to vacation at the Florida Keys home of Norris McLaughlin partner Robert Somach. That firm just happen to be involved in numerous boards and authorities that dole out public money, in both Northampton and Lehigh County. Well, it's no surprise that this firm now represents John Daub, the President of Green Pond Country Club. It's even less of a surprise given that Simmon's father-in-law just happens to be Republican benefactor L. Anderson Daub. I suppose that makes John his uncle-in-law, so you could say he got the biz the old-fashioned way - by marrying well. Uncle John himself was unable to be present because, as Simmons explained, he winters in Arizona.

Simmons was there to engage in a little bit of legal extortion. All very legal, bit still a shakedown.

He noted that his client Daub is one of 24 stockholders, most of whom have no ties to Bethlehem Township or the Lehigh Valley. They want a return on their investment. Simmons explained they have two options. They can develop Green Pond Marsh and save the golf course. Or they can sell everything, including the golf course, for residential development that he claims is permitted by right. "The decision has already been made if TOA is unable to process its plans," he threatened.

Of course, the Green Pond Marsh Plan could be approved and nothing would stop Daub and his fellow stockholders from selling off the rest of the land anyway. Since 23 of 24 shareholders have no ties to the Lehigh Valley, what's stopping them?

Though the room was packed and included four of the Township's five Commissioners, there were few questions or observations.

Jack Glagola, perhaps the most formidable opponent of the Green Pond Marsh development, chose to listen, as did his wife.

Poet Matt Wolf, whose day job is information technician at the Bethlehem Area Public Library, condemned the revised plan, noting that a home less than a football field away from these migratory birds would scare them off. He also complained that the buffer is too small. "Whenever development comes in, nature loses," echoed Robert Adams.

But Mike Ryan, who lives near the site and calls himself "just a guy with a home right at the edge," complimented TOA's Biddison. He indicated that TOA reached out to him about plans as they've progressed. "This is a better option than a redefined golf course," he concluded.

Distinguished environmental Attorney Tom Elliott, who himself is Bethlehem Township's former Solicitor, represents the Save Green Pond coalition. Instead of raising environmental concerns, he is concerned that there are now two competing plans in play by TOA when zoning law only permits one at a time. He also indicated that the Township zoning ordinance requires direct access to the golf course, a point disputed by current Solicitor Wendy Nicolosi of the Broughal law firm..

His points were also disputed by Planning Commissioners. "I don't know anybody who would want to lug a bag of golf clubs from one of the houses," said John Daley, adding that access is by car. Les Walker wanted Elliott to identify the members of the coalition that he represents, but he politely refused.

Planning Chair Lee Snover abstained from voting on the waivers and deferrals because, as she has explained in the past, she is friendly with J.B. Reilly and her family has at times had a business relationship with him. She also pointed out that no plan will be approved until traffic, environmental and storm water studies are complete.

Traditions of America Revives Green Pond Plans

Bethlehem Township failed to load its back up documents to the agenda for last night's meeting. Had it done so, the public would be aware that Traditions of America (TOA) is once again on the Green Pond horizon. According to Planning Director Nathan Jones' monthly report, the developer has submitted a "modified Tentative Plan," which reduces the number of homes from 261 to 229.The main entrance has been changed from Farmersville Road to Green Pond Road. The clubhouse has been re-located to the northern part of the development. The buffer space around the wetlands, located at the northwest corner of the site, have been increased.

This matter has been placed on the Planning Commission agenda for January 25. The developer wants all previous waivers and deferrals ratified.

Malissa Davis ran for office based on her opposition to the Green Pond development, yet never said a word at last night's meeting. Nor did any other Commissioner.

Bird Painting Day For Green Pond Marsh

Back in August, I told you about artist Gwendolyn Evans. She presented Bethlehem Township Commissioners with watercolors of some of the 162 bird species who frequent the Green Pond Marsh. A lot has happened since then. For one thing, the Army Corps of Engineers has designated most of the marsh as a wetland, precisely as predicted by Jack Glagola.For another, developer Traditions of America is moving ahead.

Gwendolyn has already painted and given 56 of her Green Pond Marsh bird paintings to the Township. That leaves 106 paintings for her still to do. Gwendolyn is wondering if anyone else who is concerned about the detrimental effects of the development would consider helping her with her protest. Especially time consuming for her is the write-up she places on the back of each bird painting she completes.

Gwendolyn is looking for help. "Even if they have no artistic skill" she is looking for volunteers who can "look up and record the facts of each bird" for the backs of her drawings. She's also willing "to teach some folks to paint if they want to try."

Gwendolyn has scheduled a bird painting day on Saturday March 14, between 10 am and noon at 4430 Pond View Ct, Bethlehem, 18020. You can (1) collect and write info on back of painted birds; (2) cut out painted birds; or (3) paint birds (for those who can draw/paint a bit or willing to learn). If you'd like to do any of these things you can reach Gwendolyn at gwendolynevansart@gmail.com .

I think I can try to do cut outs, but don't know if they can trust me with scissors.

Save Green Pond Q & A

The Green Pond Marsh

Earlier this week, I told you that Green Pond Marsh has been designated a wetland by the U.S. Army Corps of Engineers and state Department of Environmental Protection. Here are some questions and answers from Save Green Pond

Does this mean there is no further action needed at this time? If there is further action needed, what does that action need to be?

Not sure. The Army Corps of Engineers recognition of the actual wetland boundaries is the big one that we've been working towards for the past year and a half. If the developer continues his disregard for the Marsh, then we must be vigilant and watch his every move. Up to this point, since he hasn't shown any concern for the unique gem that is Green Pond Marsh, we believe his future plans could still adversely impact the Marsh.

One thing that should be done is to make the local legislators very aware of what is happening and let them know that their constituents don’t want to see Green Pond Marsh ruined. Green Pond Marsh should be showcased as the gem of Bethlehem Township.

So does that mean that the Marsh is safe?

Not necessarily, but it certainly is a positive step toward the preservation of the Marsh.

Does that mean the developer will stay out of the Marsh? And what about the holes they already dug in the Marsh?

Legally, they should stay out of the Marsh.

Hopefully the holes they dug didn't penetrate the impermeable layer of the Marsh which would allow the Marsh to rapidly drain after it is replenished from Green Pond overflow water. But we won't know that until Green Pond flows over the road and fills the Marsh again.

Do you know if PennDOT is planning on installing a culvert that will allow Green Pond to overflow into the marsh without flowing over the road?

As you know, the marsh has not been receiving as much water ever since PennDOT raised the road 3 years ago.

This is an important point to raise with local legislators.

Does that mean that the Army Corps of Engineers will now be the watchdog for the Marsh?

Although they were the agency that determined the location of the wetlands in the Marsh area, the Army Corps of Engineers has no jurisdiction over the Marsh area.

The Pennsylvania Department of Environmental Protection (PA DEP) has jurisdiction over the Marsh area. So we hope they will do their job by protecting the wetlands there.

Is it possible to see a copy of the wetlands report that was done on the Green Pond Marsh area?

Yes. The 66 page wetland report, that was done by ‘Schmid and Company’ is posted on the home page of the SaveGreenPond.org website in PFD format.

Developer Digging 39 Holes in Green Pond Important Bird Area

One of 39 holes being dug at Green Pond Marsh

The Audubon Society has designated the Green Pond Marsh, located in Bethlehem Township, as an "Important Bird Area." Bird watchers have documented 162 bird species at the site, including eight that are considered endangered or threatened. But right now, nonexistent might be the better word. There were no birds spotted at Green Pond Marsh at all yesterday because developer Traditions of America is digging it all up.

In a telephone conversation, Traditions of America (TOA) Partner David Biddison confirmed that engineers are conducting infiltration tests "to ensure that we have a viable and complete stormwater management plan."

Engineer and two others descend into one of these holes

Jack Glagola, a Save Green Pond organizer, counters that TOA has another motive. "If they can dump water into the wetlands, they get more square footage to build. What they're trying to do is pull a fast one."

Biddison has referred to a planned series of ponds as a conservation area, Glagola scoffs, "It's not a conservation area. It's a god damn sewer."

An onsite engineer stated that 39 holes, each of them 6' x 4', are being dug, These are 75' away from the only portion of land that has been designated a wetland. But the digging, along with mountains of dirt, are piling up inside an area that Save Green Pond activists contend are very much part of the wetlands.

A meeting had been planned so that Save Green Pond could present the findings of consulting ecologist James Schmid, but that meeting was abruptly canceled when TOA withdrew its sketch plans.

The appearance of a backhoe and excavators is a sure indication that TOA still plans to develop the site with a senior living community.

Dr. Schmid, who happened to be on site yesterday, produced aerial maps going back to 1939, showing the area as a wetland. He indicated that there are three tests which would confirm whether this disputed area really is a wetland, The United States Army Corps of Engineers has declined to investigate because the area is too isolated to be considered "waters of the united States." But the state Department of Environmental Protection (DEP) can make that determination, Schmid stated, because that regulatory agency has jurisdiction over "waters of the Commonwealth."

According to Glagola, the state DEP has one person assigned to investigate 11 counties.

"We'll get to it in a couple of weeks for sure," DEP promised Glagola. He has asked State Rep. Bob Freeman for assistance in getting an investigator assigned.

By the time the investigator arrives, there will be 39 mountains of dirt in an area that ornithologists love to study, and no birds.