BETHLEHEM TWP., Pa. — The Bethlehem Township Board of Commissioners voted Monday not to challenge a court ruling that cleared the way for an 866,000-square-foot warehouse straddling the township’s border with Freemansburg.
In January, the board voted against approving the warehouse project at 1600 Freemansburg Ave., a site where warehouses are allowed by right under township zoning codes, citing possible traffic and environmental impacts.
In response, lawyers for developer Trammel Crow sued in Northampton County Court arguing that the commissioners improperly blocked the project.
Judge Brian Panella agreed, ruling last month that the planned warehouse can move forward.
While there was no love lost for the planned warehouse among commissioners Monday, they seemed to agree that the township had little chance of winning an appeal.
“The court pretty much said that just because our residents don't like it, there is no reason for us to turn it down,” said board President John Merhottein. “We voted no and we lost in court.”
“The court pretty much said that just because our residents don't like it, there is no reason for us to turn it down.”John Merhottein, president of Bethlehem Township commissioners
When the township lost the lawsuit, they also lost the right to impose restrictions or requirements as a condition of the plan’s approval.
After negotiations with Trammel Crow, township Community Development Director Samantha Smith said, the developer voluntarily agreed to abide by the set of conditions the body would have attached if they had approved the project.
But if the township appeals Panella’s ruling and loses, township solicitor James Broughal said, the developer would no longer be bound by those restrictions.
“These conditions offer the township a modicum of protection. If these go away because we lose an appeal, the developer can pretty much do what they want,” said Commissioner John Gallagher.
Though “everyone will agree that this is a horrible project,” he said, “the court told us we can’t say no.”
The body voted 4-0 not to challenge Panella’s ruling, finalizing the project’s approval as far as the township is concerned.
