With more than 100 in the room, Bethlehem Township zoners postpone Atiyeh hearing

More than 100 turn out for case involving zoning changes on Freemansburg Avenue, William Penn Highway.

October 25, 2012|By Charles Malinchak, Special to The Morning Call

For the more than 100 people inside the Bethlehem Township meeting room Wednesday, it was to be a night of verbal fights with an outcome aimed at ensuring less traffic, less crime and righting a wrong.

They came to here a legal challenge brought before the township Zoning Hearing Board by township resident Abe Atiyeh, who claims two developments under way violate zoning laws and will degrade life.

But it didn't happen. The board decided to postpone the hearings for Atiyeh's two appeals until Nov. 28 and Dec. 5. Although no legal arguments were heard, it didn't stop the arguments.

"We're ready to go and you're saying to us get out here and come back ... . All I'm hearing is you don't like this, you don't like that. Be open-minded and fair to us. I paid for these professionals to be here. Let us proceed,'' Atiyeh, a developer, told the board.

He also asked board member Jerry Batcha, a former township commissioner, to step down from the board because, as a commissioner, he voted to approve the developments in question.

To that, Batcha said his voting had nothing to do with zoning law and added, "I refuse to recuse myself.''

Given the board's move to postpone, Atiyeh said, "Next time, I will bring out even more people ... I'll bring 1,000.''

Board Chairman Stephen Szy warned Atiyeh such numbers would automatically cancel a hearing since the room capacity is set at 260.

Atiyeh's claim is that the township changed the lines on a zoning map allowing a gas station/convenience store/strip mall to be built on William Penn Highway, across from Farmersville Elementary School, and a similar move allowing the construction of a high-density housing and retail complex, called Madison Farms, off Freemansburg Avenue.

Atiyeh says the township engaged in spot and contract zoning and enacted special legislation with the latter, referring to a recently approved zoning district called the overlay district. This district is scattered throughout the township, mostly on main roads, and allows flexibility in how commercial, residential and retail development is built near other zones.

Township solicitor James Preston recommended postponing the hearing to allow Atiyeh's legal team to produce evidence of line changing and whether Atiyeh is eligible to make a case.

Without either, the claims are not entitled to a hearing, Preston said.

The board agreed in a 4-1 vote with member David Chismar voting no.

In addition to his township home, Atiyeh owns property near the developments, which he said makes him eligible to make the appeals but the motive is about quality of life.

After the meeting, he said, "William Penn Highway will become MacArthur Road and you know what Whitehall is like. It's like a city and that's what's happening here. More traffic, overcrowded schools, loosing farmland ... and we'll all be strangers.''