Bethlehem Tp Asks: What Mandamus Action?

Earlier this month, I reported a mandamus action filed against Bethlehem Township by Traditions of America. According to the lawsuit, filed October 11, Township engineer Pidcock Company has been actively engaged in what can only be described as a shakedown of the Green Pond active senior community developer. Traditions, which has an approved plan and all the necessary permits, wants the Township to engage the previously appointed back-up engineer while the dispute with Pidcock is resolved. Township Commissioners and Pidcock, decline to comment on the pending litigation. But Solicitor Jim Broughal has an interesting observation. The Township has yet to be served.

This is no fault of Traditions. On the day the action was filed, an Order of Service went to Sheriff Rich Johnston. But ten days later, he has failed to serve the complaint.

This is inexcusable.

Service of process is a core function of the Sheriff's Department.

It's not as though the Township is hiding.

Is Engineer Strong-Arming Green Pond Developer?

After years of debate, lengthy meetings and several plan revisions, Bethlehem Tp Commissioners voted over a year ago to approve an active senior community at Green Pond Country Club. But if you drive by, you'll see no homes being built. The environmentally sensitive wetlands next door, located in the middle of an Audubon-designated “Important Bird Area” called Green Pond Marsh, are still there. Migratory birds still visit. But no seniors. You might think developer Traditions of America is having trouble getting a highway occupancy permit or environmental approvals, but it has them. So what gives? Believe it or not, it's the Township's engineer, The Pidcock Company.

Late last week, Traditions took the rare step of filing a mandamus action in Northampton County Court. It is asking that the Court order Bethlehem Tp to replace Pidcock with its backup engineers, Arro Consulting. Since the developer already has all of its approvals, it essentially is accusing Pidcock of a shake down. In one instance, it billed for 35 hours to prepare a one-page email with eight comments. In another, multiple individuals charged to prepare for meetings they never attended. Pidcock billed 30 hours to review stormwater plans even though DEP had already issued a permit.

When Traditions complained, Pidcock stopped working on the project, effectively shutting it down. Though the Township convinced the engineering firm to return,  Traditions asserts Pidcock is now throwing up roadblocks to prevent development. It is insisting on using an outdated procedure for utility line  construction, which will add another two months of delay. 

I am in the process of seeking a public comment from Pidcock.

Back in 2012, former Comm'r Marty Zaarski complained about Pidcock's billing. He also groused about the mileage being charged, noting that Pidcock is located near Route 309, a forty mile round trip from the Township. "There are very, very good engineering firms within ten minutes of here," he observed.

TOA Sues Over Bethlehem Tp&... by BernieOHare on Scribd

Heron, Egret or Crane?

On my way from last night's meeting of Bethlehem Tp's Board of Commissioners, I drove by Green Pond Marsh. There were about 50 of the stately white birds you see above. Are they herons, cranes or egrets? 

This marsh is being preserved when Traditions of America starts its 55-plus active senior community.

Green Pond was originally called Dryland Pond, according to Fiscal Affairs Director Steve Barron. He claims it was actually considered scrap land, and William Penn gave it away.

"How the hell do you know this?" I asked.

"It's in a book," he answered.

So there you go.

TOA'a Active Senior Community at Green Pond Approved.

Developer Traditions of America (TOA)'s plans for an active senior community at Green Pond Country Club have been approved. By a 4-0 vote, Bethlehem Tp Commissioners approved a final plan at their August 20 meeting. The approval incorporates conditions that would protecting the wetlands and birds. They were set by Attorney David J. Brooman, an independent hearing officer to render a decision appointed by Commissioners. Commissioner Tom Nolan was absent.

The plan approves the construction 229 homes on a vacant tract at Farmersville and Green Pond roads, adjacent to Green Pond Country Club. It's been controversial because it's also next to environmentally sensitive wetlands, in the middle of an Audubon-designated “Important Bird Area” called Green Pond Marsh.

Those who supported this project argued that, without the infusion of cash from this active senior community, Green Pond Country Club would have no choice but to close. The golf course was heralded as an asset used by local high schools and colleges and as a place where inner-city children can learn play golf. TOA principal David Biddison had said 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.) “Don’t throw out the good for the perfect,” said Anthony Liberatori.

Those opposed argued that 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 spotted there just 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 fifth grade at Moravian Academy, called it ia “pristine sanctuary.” She said she would instantly choose it 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.

Though this controversial development was the subject of numerous well-attended meetings and helped elect two Commissioners, only a handful of residents was present for the final vote. None of them spoke. Also present were Easton Attorneys Tom and Charles Elliott, who represent Save Green Pond.

Construction is expected next Spring.

Broughal Wants Independent Hearing Officer to Decide Green Pond Case

Jim Broughal

Retirement community developer Traditions of America (TOA) is seeking what is known as tentative plan approval for a 229-home development in an Audubon-designated Important Bird Area. It's also proposed next to wetlands that serve as home to 182 different bird species. Over 50 people were at the first public hearing on February 22. But Commissioner Pat Breslin was absent. He picked the wrong night to be away. Attorneys Charles and Thomas Elliott, representing an environmental group known as "Save Green Pond," filed a motion seeking Breslin's ouster as one of the deciders. That motion was supposed to be decided by Solicitor Jim Broughal when the hearing reconvened on March 1. Instead, Broughal has proposed a solution that will make bias a nonissue. It will also prevent the people's elected representatives from making a decision.

Broughal's recommendation is the appointment of an independent hearing officer, from outside the Lehigh Valley, to decide this case.Commissioners would be free to support or oppose the plan from the peanut gallery, but would have no role in the decision. Commissioners voted unanimously (5-0) to continue the hearing and will take up Broughal's recommendation at their regularly scheduled meeting on March 6.

The Elliotts' disqualification motion is based on statements Breslin made before tentative plan approval had even been recommended by the Planning Commission, calling the project a "done deal." There was also evidence that he ridiculed bird enthusiasts who presented Commissioners with water color drawings of each of the 182 bird species at Green Pond. Most damning of all was a brochure he was taking to local businesses, seeking advertising for a bi-weekly newspaper to be called The Township Observer. A companion website includes a promotional picture of Green Pond Country Club and Banquet Facility.

Green Pond Country Club owns the land on which this development is proposed. Whether Breslin solicited ads from Green Pond is unknown. He never responded to press inquiries. At the March 1 hearing, it was thought he'd have to explain his actions. But if Commissioners accept Broughal's recommendation and appoint an independent hearing officer to decide this case, it will make no difference whether Breslin or anyone else is biased.

In addition to whatever Commissioners decide on March 6, TOA must also agree to allow the tentative plan approval to be decided by an outside hearing officer. Gregg Adelman, who was representing the developer in the second hearing and was ready to proceed, was caught off guard. He was unprepared to say whether TOA is willing to abide by the ruling of an outside hearing officer. But if he refuses, then the Commissioners will have to decide the matter and the bias claim against Breslin will have to be resolved.

Broughal expressed some concern that similar motions could be filed against four of the five Commissioners. Mike Hudak has previously made statements that could be construed as supporting the project, while Tom Nolan and Malissa Davis have made public statements that could be viewed as negative.

No motion has been filed to recuse any of these commissioners. The law concerning bias requires that a recusal motion be filed promptly after discovery of the bias, which was done with respect to Breslin.

Though no name was mentioned, Broughal indicated he had someone in mind. This person is thought to be Josele Cleary, a Lancaster-based attorney whose practice areas include municipal law and land use. She has been the Editor of the Pennsylvania Bar Association Municipal Law Newsletter since 1990. She has also been a Course Planner, Author and Lecturer for the Municipal Law Colloquium of the Pennsylvania Bar Institute.

The next hearing on tentative plan approval is scheduled March 8.

"Save Green Pond" Lawyers Claim Absent Comm'r Biased

Breslin told Penn Farms' Anthony Orefice
that TOA Plan is"done deal" months before
Planning Commission Review

Last night was the first of what will likely be several public hearings seeking tentative plan approval for a retirement community adjacent to environmentally sensitive wetlands known as Green Pond Marsh. Things got a little more tentative last night. Testimony revealed that Commissioner Pat Breslin had told a neighboring homeowners' association that the matter was a "done deal."  Though over 50 people attended last night's three-hour hearing, Breslin himself was absent. Earlier in the week, he had drawn the ire of residents and Commissioners alike for a recent radio interview replete with what Commissioner Mike Hudak suggested were "alternative facts."

Green Pond Marsh is the home of 182 different bird species. They first caught the attention of businessman and environmentalist Jeff Acopian many years ago. He was driving in the area and noticed what he thought were numerous ribbons of white plastic. As he got closer, he realized they were actually snow geese, and they took off and surrounded his car briefly in a sea of white. "I've never seen anything like it," said a man whose interest in the environment has taken him as far away as Kenya.  He and Jack Glagola, a planner and architect who lives next to the marsh, co-founded Save Green Pond after becoming aware of plans to develop the site. Their group boasts about 200 members, including 38 township residents. The entire area around Green Pond Marsh has been Audubon-designated as an "Important Bird Area."

Brooke Kuronya passed out watercolors
of birds documented at Green Pond Marsh
at previous meeting..   

The marsh is owned by Green Pond Country Club. Most of their stockholders have no local ties and want a return on their investment. If unable to develop a golf course community, they have threatened to sell everything, including the golf course, for residential development. But if Traditions of America (TOA) can develop an age-restricted golf course community next to the marsh, the remaining land can never be developed, even if the golf course itself is eventually abandoned.

Reacting to concerns raised at numerous meetings, TOA has reduced the density of the development while increasing the amount of open space as well as buffering the wetlands area. The number of homes went down from the original 261 to 229. Open space has been increased from 22 to 29 acres, with 18 of those acres as 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.'

In November, the Planning Commission recommended "tentative" approval of the plan, although the Commissioners have the final say. In accordance with the Municipalities Planning Code, they must first conduct a public hearing and make specific findings leading to the general conclusion that tentative approval is "in the public interest." Even then, no plan may be recorded and no building permits may be issued until final approval is granted.

Bird watchers at Green Pond Marsh

TOA was ready to start their case last night. They had numerous bound copies of exhibits for each Commissioner, along with reams of rolled up maps. They also brought in well-regarded zoning attorney Marc Kaplin from Blue Bell, although his abrasive style seemed out of place in a township setting. He objected to nearly everything, including the identification of "affected parties" who are able to cross-examine and call witnesses. An increasingly exasperated Township Solicitor Jim Broughal  finally told Kaplin, "Unless you live in Alaska or Florida, you're probably an affected party."

Eight affected parties were identified. These include Jack Glagola and Jeff Acopian, the co-founders of Save Green Pond, as well as Save Green Pond itself      

Randi Jordan testified that Breslin laughed at
watercolor drawings of "fake birds."

After that, Save Green Pond attorneys Tom and Charles Elliott, who themselves are noted environmental lawyers, filed a motion to disqualify Commissioner Pat Breslin from participating because he is biased. Kaplin strenuously objected, claiming he had no advance notice. But Broughal responded that it was only moments before that Save Green Pond had been identified as an "affected party."

The Elliotts called three witnesses to support the claim of bias. Two of these included Anthony Orefice, Property Manager at Penn Farms Condominiums, and Board President Bill Walczak, Penn Farms Board President. They had were opposed to the use of their detention basin to handle some of the stormwaters from the TOA,and had written to Planning Director Nathan Jones about it on August 16, 2016. Not long after that, Orefice got a call from Breslin, who identified himself as the president of the Board of Commissioners. Breslin told Orefice that the TOA plan was a "done deal," even though it did not even have a Planning Commission recommendation at that stage. He also offered to accept a dedication of the detention basin, and said the Township was "financially strapped."

Green Pond Promo Appears on
Breslin's Township Observer webpage 

A third witness, Randi Jordan,was even more troubling. She testified that just a week ago, when she went to work at a local jewelry outlet, Breslin was there with a brochure for a publication called The Township Observer, in which the word Bethlehem was misspelled. This brochure identifies Breslin as the publisher and he was selling ads. The brochure represented that the publication has a circulation of 8,000. While there, Breslin belittled citizens, including a little girl, who came to previous hearings with paintings of each of the 182 bird species at Green Pond Marsh. He called the drawings "fake birds." Breslin told Jordan that the Township had to approve the plans or face a lawsuit, and complained that it was "ridiculous" that TOA opponents "had actually hired attorneys to represent them. When Jordan expressed concern about increased traffic, Breslin told her that residents there "tend not to drive."

In addition to Jordan's testimony, the Township Observer website appears to include an ad for Green Pond Country Club and banquet Facility and the brochure contains this notation: "In the News, Green Pond Country Club to Expand, p. 5."

Breslin was absent and therefore it is unknown whether he has received a financial consideration from Green Pond Country Club for what appears to be promotion of that business on his website. Under the state Ethics Act, elected officials must recuse themselves from matters in which they have a pecuniary interest.

Broughal indicated he would make no ruling on the disqualification motion without first affording the absent Breslin an opportunity to respond to these concerns.

In three hours, no substantive testimony was heard. Laura Eberle, P.E., did qualify as an expert for TOA,and when testimony resumes in a week, she's on deck.

Retirement Community at Green Pond Closer to Reality

Green Pond marsh

Controversial plans to build a retirement community adjacent to environmentally sensitive wetlands, smack dab in the middle of an Audubon-designated "Important Bird Area," have come closer to reality. Bethlehem Township's Planning Commission decided  to recommend approval of a "tentative" plan at a meeting last night that was far less crowded than during some earlier presentations. Recommending approval were Kenn R. Edinger, Mark Grandinetti, Harry Powell, Leslie Walker and James Daley. "It's time to move this down the road," said Edinger. Don Wright was the sole No vote. Lee Snover abstained, but chaired the meeting.

Developer Traditions of America (TOA) has reduced 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 the original 261 to 229. Open space has been increased from 22 to 29 acres, with 18 of those acres as 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.'

Attorney Gregg Adelman, who represents TOA, explained that all storm water will be managed on site or at the adjacent golf course. There will be no discharge onto other properties. Their studies indicate there will be no sinkholes, and ponds will have liners to prevent mishaps.

He told Les Walker that the homeowners' association will be required to hire a third-party expert to manage the wetlands. Prominent Easton attorney Tom Elliott, a resident and former Township Solicitor, scoffed that environmentally sensitive wetlands will be the last thing on the minds of homeowners concerned about snow plowing and streets.

"We've demonstrated the feasibility we need for recommendation of a tentative plan," he said.

Adelman told Don Wright that if the development is approved, deed restrictions will be imposed on the adjacent golf course, preventing its use as anything but a golf course or open space.

Solicitor Wendy Nicolosi explained that approval of a "tentative plan" for a planned residential development like Green Pond Marsh is less stringent than what is required for a preliminary plan, although there are pages of requirements that must be approved by the Commissioners. No building permits may be issued, nor can development proceed without final plan approval.

Part of the tentative plan calls for scraping 150 sq ft of the wetlands to widen Farmersville Road and then adding to the wetlands elsewhere.

"How do you replicate a wetland that has been there 200-300 years?" asked a dubious Kathy Glagola. "You think you're just going to dredge and make it the same?"

"I'm going to follow the DEP regulations," answered Adelman.

Commissioners will now have to review the tentative plan. Two of them, Tom Nolan and Malissa Davis, were at last night's meeting.

TOA's Green Pond Marsh Meeting on November 28

Though Traditions of America's proposed active senior community at Green Pond is still in administrative review, Bethlehem Township Planning Director Nathan Jones reports that the Planning Commission has been asked to review and comment on the developer's stormwater proposals at the site. They will do so at their November 28 meeting.

Green Pond Marsh Back on Drawing Board

Traditions of America (TOA), the developer proposing an active senior community next to an Audubon-designated Important Bird Area known as Green Pond Marsh, has been silent since February, but that's about to change. According to Planning Director Nathan Hale's Jones' monthly report, TOA has asked to be added to the August 22 Planning Commission agenda "to present and seek possible action from the Board." This signals that TOA has a formal plan.

In January, Green Pond Golf Course lawyer Graham Simmons warned that, unless the TOA plan is approved, the entire golf course will be developed.

Updated 10:40 pm: In the original version of this story, I had the wrong date for the PC. I also referred to Nathan Jones as Nathan Hale.

Green Pond Marsh Coffee?

Don't worry. I'm not suggesting that you drink algae. But Monocacy Coffee Company is offering a new "Save Green Pond" blend, and is going to donate 10% of all proceeds to Save Green Pond.  You can make a purchase online or buy at the establishments listed below.

Amy's Coffee Connection
8030 William Penn Highway

Greenmouth Juice Cafe
526 Northampton Street
Easton, PA

Jumbars
1342 Chelsea Avenue
Bethlehem, PA

The Old Library Bookshop
1419 Center Street
Bethlehem, PA

Lil' Miss Organic
Allentown Farmers Market
17th & Chew Street
Allentown, PA

Coffee House Without Limits
707 N 4th Street, Suite 101
Allentown PA

Monocacy Coffee Co. also serves their coffees weekly at Northampton Community College's SlowMarket.

Former Green Pond President on its Future

(Blogger's note: Mr. Bilhemer posted a comment to one of my Green Pond entries. I am sure he wanted it shared with everyone, so I am posting it as a separate blog.) 

My name is Richard R Bilheimer.

 I am the son of the late Russel Earl Bilheimer, Jr. former President of Green Pond Country Club and General Supply Lumber Company for more than 25 years. My father held 15% of the shares of Green Pond Country Club, they were divided equally to his three children after his death. I am a graduate of NCACC and East Stroudsburg University, I am currently retired as a Safety Consultant after 30 years.

As a child I have very fond memories of Green Pond Country Club. Cleaning locker rooms, carrying golfer's bags, and playing a few rounds of golf myself. This is where my father taught me how to play golf. What a beautiful course!

My father's vision was to enhance the golf course, bring in tournaments, build the business of the restaurant and banquet facilities. Most of all, he wished for the adjacent land to be used for a planned community of beautiful high end homes that aesthetically included the preservation of the wetlands and nature areas of the golf course property. His foresight told him that the New York and New Jersey citizens would soon be moving into the area with the improvements of the highway infrastructure. What he did NOT want to see were strip malls, hotels, small manufacturing on the land.

Back in the late 60's and 70's, he had an independent real estate appraisal done of the entire property and plans for the development, which looks nothing like the plan of today. Nor does the value. The appraisal back in the 60's and 70's was $20 million!  Now these developers, the Toll brothers, Traditions of America and a group of insiders (the boys club names NOT to be mentioned) are considering proposals of $7 million!

I am a proud shareholder of both Green Pond Country Club and General Supply Company (113 years old). Unfortunately my 5% along with my brother's 5% and my sister's 5% is not enough to make a difference to continue to make Green Pond a beautiful landmark and preserve of the Lehigh Valley as my father wished. It is NOW in the voting hands of people looking to make backroom deals and selling for pennies on the dollar. Although I do not live in the Lehigh Valley, I have ties to the Lehigh Valley through nieces, nephews and friends. Many of them golf at Green Pond Country Club.

When visiting the Lehigh Valley I always make it a point to visit Green Pond Country Club and General Supply Lumber company. As far as John Simon owning a $400,000 home, I know him personally. My father would be very proud of him as the person who filled his seat. He is honest, hard-working and dedicated to the company, his employees and the community. Bottom line, times have changed. Keeping nature in mind, development is inevitable and if the price is right and the deals become transparent I would be in favor of diluting my shares, although it was my wish to hand my shares done to my own son. It has been over 30 years since I have lived in the Lehigh Valley, but I STILL call it HOME.

I Love those Yocco Hotdogs.

Green Pond Marsh Developer Withdraws Waiver and Deferral Requests ... For Now

Traditions of America, the developer proposing an active senior community next to an Audubon-designated Important Bird Area known as Green Pond Marsh, has temporarily withdrawn its request for Township approval of waivers and deferrals. That announcement was made at the February 22 Bethlehem Township Planning Commission meeting. It is still moving ahead with development, but advised the township that it is engineering a formal plan to replace a sketch plan currently under consideration. Township Commissioners had been scheduled to vote on these waivers and deferrals on February 15, but its meeting was canceled as a result of an icestorm.

Green Pond Marsh:Golfers v. Environmentalists?

If Bethlehem Township's Board of Commissioners meets tonight, and that's no sure thing given the ice predictions, Opinions Online readers predict that golfers will be there to pitch an active senior community proposed by Traditions of America (TOA) next to wetlands in which over 180 different bird species have been documented.

The only Commissioner I know who will almost certainly oppose the waivers and deferrals being sought is Tom Nolan, who has previously called the proposed community a "poor plan" at a "terrible location."

General opposition to overdevelopment, along with increased storm waters and traffic congestion, had consequences at the polls. For the first time, Bethlehem Township's Board of Commissioners has a majority of Democrats. But the senior most Democrat, Michael Hudak, supports the development, and even made catcalls at opponents at a planning commission meeting last year. Democrat Malissa Davis, who ran under the "Save Green Pond" banner, is an unknown quantity. So is Democrat Kim Jenkins, who never attended a meeting and was shocked to be elected.

How Long Will Age-Restricted Community Stay That Way?

Traditions of America is planning a 256-home development next to the environmentally sensitive Green Pond Marsh. The cheapest Traditions home I've seen is $254,000, with the highest going for $472,000. As a matter of simple math, the developer will gross between $65 and $120 million from home sales. In the final analysis, it's there to make money. Lots of money. Planners got upset with opponent Jack Glagola when he reminded them that Traditions' primary goal is to maximize profit, but that's the reality.

For as long as this development remains age-restricted, it should add to school district coffers. But how long will that be?  The reality is that 55+ seniors are going to have a difficult time unloading these large homes. In New Jersey, legislation adopted in 2009 enables developers like K. Hovnanian to convert age-restricted housing into homes for one and all. If that happens here, these homes will become a drain on the school districts.

Planner, Developer Lash Out at Green Pond Marsh Advocate

Jack Glagola, Democratic nominee for Township Comm'r

Plans for a 265-home active senior development, located next to Green Pond Marsh, will have to wait another month. That's because Bethlehem Township's seven-member Planning Commission had no quorum to review the latest submission from Traditions of America. Three members were unable to attend, and Chair Lee Snover has recused herself from voting on the matter as a result of a potential conflict.

Though no formal action could be taken, developer Traditions of America signaled it has no issues with recommendations made by the Township engineer. Moreover, Del Val Soil and Environmental Consultants, hired independently by the Township, has raised no environmental concerns. Snover warned that Traditions' real problems will be with regulatory agencies like PennDOT, DEP and the Lehigh Valley Planning Commission.

Les Walker

Jack Glagola, informed yesterday that he is the Democratic nominee in the at-large Commissioner race, pointed to developers and noted, "None of them live here" He pointed out that Traditions stands to gross about $111 million, while Bethlehem Township residents will get more congestion and stormwaters."They don't get smart development," he complained. "This is dumb development."

Glagola had waged a write-in campaign for the Democratic nomination to the at-large seat on the Township's Board of Commissioners. He received 92 write-ins, to 88 for incumbent Marty Zawarski, the Republican nominee.

Glagola was reminded by Snover several times to confine his comments to the merits of the plan. But no such admonition was given to others who decided to attack him. Traditions Principal John Biddison complained that Glagola's own home is closer to Green Pond Marsh than any of the homes he plans to build. Calling Glagola a NIMBY, Planning Commissioner Les Walker told Glagola, "This Board isn't here to save your view." He called the "Save Green Pond" signs he said he sees everywhere "ridiculous."

Glagola did address the merits of the plan, noting that Save Green Pond had done its own environmental study. Planning Director Nathan Jones assured Glagola that his study had been distributed.

While Biddison and Walker took their shots at Glagola, Commissioner Michael Hudak applauded from the back of the room, and spoke loudly enough to be heard in the front. Marty Zawarski, who was also listening, walked out after Hudak began whatever he was doing

In a first, Green Pond Country Club owner John Daub weighed in. "We feel very comfortable that Traditions of America is the best plan for the Township," he assured planners. "The majority of the people in the Township support it," he added.

"We are not touching Green Pond," Biddison insisted. "The wetlands are 100% protected."

After the meeting was over, Zawarski stated he is troubled by what he has seen. To him, this is not a done deal.

Green Pond Marsh Plans at Planning Commission Tonight

Bethlehem Township's Planning Commission is tonight expected to hear yet another Traditions of America presentation in support of a senior residential development next to Green Pond Marsh. Traditions' principal David Biddison and Green Pond Marsh advocate John Glagola will offer their respective viewpoints.

Glagola waged a write-in campaign for the Democratic nomination to the at-large Commissioner seat currently occupied by Marty Zawarski, and should know this evening whether he has enough votes.Zawarski fended off two challengers and is the Republican nominee.

Divided Board Grants Waivers to Green Pond Developers

Brooke Kuronya passes out watercolors
of birds documented at Green Pond Marsh 

By a three to two vote, Bethlehem Township's Board of Commissioners have approved a series of waivers and deferrals for a controversial senior housing development proposed by developer Traditions of America. This senior housing specialist has submitted plans for a 261-home development located next to Green Pond Marsh. That's a habitat for over 280 species of migratory birds, and has been designated as wetlands by the U.S. Army Corps of Engineers. This approval followed a lengthy presentation by Traditions that included powerpoints, partners, a lawyer an engineer and supportive statements from two township residents introduced by Traditions' partner David Biddison. Earlier that evening, during courtesy of the floor, Board President Marty Zawarski had assured opponent Kathy Glagola that there would be no presentation because everything had already been reviewed by the Planning Commission.

Traditions had sought waivers and deferrals on road widths and sidewalks. The Plan proposes road widths of 26' and 28' in a 33-38' wide right of way, while the township requires 32' wide roads as part of a 50' wide right of way. Traditions also sought a waiver of sidewalks on both sides of the street and a waiver of a sidewalk along Farmersville and Green Pond Roads. he developer sought a deferral of sidewalks along Church Road.

The main argument in favor of granting these waivers and deferrals is that this would decrease the amount of impervious coverage by 3.12 acres, making it easier to manage stormwaters and protect the wetlands. More narrow roads would also have a traffic calming effect, though Township Engineer Bryan Dillman observed that it would be slower traffic in more congested roads. "I wouldn't say it's safer," he remarked

Before the presentation, artist Gwendolyn Evans Caldwell, with the assistance of Brooke Kuronya, distributed watercolor paintings of the different bird species that will be impacted by this development. She called the plan "unconscionable." Don Morgan objected to the traffic from 500 cars on country roads that are already too busy. He also questions what effect it will have on his well. Kathy Glagola reminded Commissioners that waivers and deferrals are "discretionary. You don't have to grant it." Melissa Davis said it would be "smart to hold off," noting that Green Pond Marsh is "something we have that no one else has in the Lehigh Valley."

Tim McCarthy, Managing partner at Traditions, assured Commissioners, "We expect it to be the best community we ever had." Partner David Biddison added there were similar environmental fears when a senior living community was proposed at Bridle Path Road. "Usually, it's the fear rather than the execution," he remarked.

Michael Hudak complimented Biddison. "I think you've gone above and beyond on this project," he told him. "I applaud your tenacity. Hudak noted their role is very limited. They are simply granting waivers and deferrals. It will be up to PennDOT to decide on the traffic impact. Stormwater concerns are addressed by the Lehigh Valley Planning Commission, he argued.

"The birds, the wetlands, are not going to be affected. I see these birds all the time. they will continue to come here. If I'm wrong, that's egg on my face."

Hudak was joined by Marty Zaworski and Pat Breslin in granting the waivers. Breslin stated he is very impressed by the club house at other Traditions developments.

Tom Nolan and Phil Barnard voted against the waivers.

Calling the proposal a "poor plan" at a "terrible location," Nolan noted, like Glagola, that waivers are discretionary. He worried that granting waivers would be "basically giving you a green light to come in with a preliminary plan."

"We're the only voice for the migratory birds," Nolan concluded.

Traditions Plan at Green Pond Marsh Inches Forward

Democracy in action

You know you're in trouble when a little girl comes and speaks against what you would like to do. That's what happened last night, when Traditions of America presented its latest sketch plans for a 261-home gated community for rich old farts at Green Pond Marsh, despite its recent designation as a wetland by the US Army Corps of Engineers. Brooke Kuronya, with her mother Nicole standing right behind her, told Bethlehem Township planners about the beauty of thousands of snow geese who visit the marsh at this time every year. "It was so pretty," she said. Her mother spoke of seeing eight great blue herons at a time. Noting all the building going on, she had one question.

"Why there?"

"Because they can," was Planning Commissioner Kenn Edinger's blunt response.

Before the night was over, six of the seven planners approved two waivers (road width and speed limits) and two deferrals (sidewalks and curbing). Planning Commission Chair Lee Snover abstained because she knows Traditions principal Biddison and had previously voted to approve two more dense projects at this site.

"We count on you guys to be our guardian," complained Patti Barry. Melissa Davis echoed those concerns. "[T]heir [Traditions'] job is to make as much money as they can. Your job is to protect us."

Planner Les Walters responded that they are bound by the Subdivision and land Development Ordinance. He and other planners added that the Traditions proposal is not as dense as previous plans, is age restricted and would have less impact on traffic.

Kathy Glagola asked how Traditions will protect the wetlands when it is digging just ten feet away. She asked how Traditions planned on keeping geese our of the development. Her husband Jack noted that four detention ponds surrounding the wetlands would actually prevent the marsh from being replenished  "We have a 20' deep swimming pool around the wetland and no way for water to get in there," he complained.

Though planners voted to grant waivers and deferrals,they were still skeptical. Noting that Traditions stands to make $108 million from this project Edinger minced no words. ""You're trying to get away with building this as cheaply as possible," he charged.

Despite the Planning Commission's recommendation, this development has a long way to go. Planning Director Nathan Jones stated that the Township has yet to hire its own consultant to determine the environmental impact of a residential development immediately next to a 7-acre wetland with 182 different migratory bird species. There may need to be an archeological study to assess evidence of a Native American settlement at the site.  In the mean time, storm water and traffic concerns need to be addressed.

As the evening wore on, Planning Director Nathan Jones discussed an update to the parks plan, This brought Barry Roth, a member of the Rec Board, to the podium. He derided spending any money for toilets at the playing fields used by the athletic association, stating the money would be better spent on playground equipment.

I swear I have never seen anyone as opposed to a shitter as Barry, who went on to call Bethlehem Township's park system the "lousiest" he ever saw.

"I'll ask Traditions of America to do the bathroom,' joked Snover. "I'll bet they want their name on the toilets."

So What's Going On at Green Pond Marsh

After recent rains, you can see snow geese and birders. It was thought that there are 162 different species, but an additional 20 have been observed. Want to see a Yellow-bellied Sapsucker? Go to green Pond Marsh. How about a Hairy Woodpecker? No, it's not in the men's room. To see one of those, go to Green Pond Marsh.

One long-time resident of Bethlehem Township has written an essay - The Truth About Green Pond Marsh. It's really a scathing indictment of Bethlehem Township municipal government.

The truth about Bethlehem Township is that it has always been in favor of development, wherever and whenever and however it can get the land, even sleazily if it has to. In the 60’s, insider corruption allowed a low-income HUD-style development built in an area zoned for private homes. The Steve Lane Garden Apartments on Freemansburg Avenue for 5 decades have housed thieves who prey on the surrounding neighbors and a guy who hung himself in the unheated garage he lived in.

In the 70’s, the Archibald Johnson Conservation area was established by the generosity of the land owners and deemed undevelopable. A mere generation later, BT officials tried to rezone the conserved flood prone area for development, a move that made one astute Council member say to his fellow members: “Can’t we have at least one parcel of land in BT left alone?”

In the 90’s home building on farmland was all the rage until the township realized that taxes brought in from homeowners is actually less than it costs the township to support those homes. Then it starting courting businesses and stores. Stores don’t have to send kids to school. Stores plow their own lots. Stores are a lot richer than middle American families.

But it was in the 2000’s, that a development so atrocious to humankind was approved by Bethlehem township that it resulted in a state law against anyone ever doing such a heinous thing again. The Barbosa Mobile Home Park used to stand in a thick grove of mature trees in Miller Heights. Jim Deegan of the Express times summed it up well in his October 28, 2012 article:

"The bill sprang from Northampton County, where in 2006 about 50 families discovered they’d have to uproot everything and move within weeks from the Barbosa Mobile Home Park in the Miller Heights section of Bethlehem Township.

"Some of the Barbosa residents had lived decades there, with everything they owned tucked between the prefab walls of a 60-foot-long trailer. Under previous rules, they had 30 days to vacate and no required help in paying to move.

"[The Law] requires manufactured home community owners to inform residents within 60 days of any decision to close; gives them at least six months, not 30 days, to leave once the closure notice is given; pays them up to $4,000 in relocation expenses for a single home and $6,000 for a multi-section one; and pays at least $2,500 or the home’s appraised value, whichever is greater, for those unwilling or unable to relocate."

A sadder irony is that the tumult created by the Barbosa Mobile Home Park didn’t have to be. Six years after the condo plans went public, the tract has no trailers. It doesn’t have condominiums either. Weeds and mounds of dirt cover the property now — one of many Ashley Development projects that petered out.

This person is tougher than I!