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Northampton County News

Review of controversial Lower Saucon cell tower put on hold; zoners updated on landfill expansion

Lower Saucon Township
Will Oliver
/
LehighValleyNews.com
A sign outside the Lower Saucon Township municipal complex.

LOWER SAUCON TWP., Pa. — A township Zoning Hearing Board review of controversial plans for a cell tower in Steel City has been put on hold.

Board solicitor George Heitczmanon Thursday read a letter submitted from Verizon Wireless' legal counsel, Catherine Durso of Allentown firm Fitzpatrick Lentz & Bubba, asking for a continuance regarding the proposed tower at 4235 Lewis Ave.

  • A contentious cell tower proposed for Steel City will potentially see a variance hearing next month
  • Verizon, the applicant, requested a continuance based on absent board members
  • The Lower Saucon Zoning Board solicitor provided an update on landfill litigation

The letter noted only three board members were present at Thursday’s meeting.

It said Verizon has agreed to waive the 60-day time period for holding the hearing, and asked for a hearing on July 24 or whenever all five members are next available.

Verizon Cell Tower Zoning Map
Courtesy
/
Fitzpatrick Lentz & Bubba
The potential cell tower property sits among other surrounding residential uses.

Board chairman Keith Easley, vice chairman Jay Lazar and member David Jauregui were present on Thursday. Secretary Gregory Carolan and member Theodore Eichenlaub were absent.

The cell tower proposal calls for a 150-foot tower with a surrounding 50-by-50-foot enclosure on 10.92 acres.

"Granting variances will not substantially injure neighboring property values and is not otherwise detrimental to the welfare of the community. There are no existing tall structures in the area of sufficient height to which Applicant could attach its antennas."
Catherine Durso, Verizon's legal counsel, writing in a memo to Lower Saucon Zoning Hearing Board

The construction is allowed under conditional use on the property within the Rural Agricultural Zoning District, but the applicant would be seeking variances in tower placement on the property, road access and using existing woodlands as screening from surrounding residences.

Residents spoke out Monday with various concerns, including radiation emitting from the tower. One Steel City local said she and her family would consider leaving if the tower went up.

Lower Saucon Township Town Hall
Will Oliver
/
LehighValleyNews.com
Lower Saucon Township Town Hall, located at 3700 Old Philadelphia Pike.

A landfill expansion update

Also Thursday, solicitor Heitczman provided an update on the pending litigation regarding the potential expansion of Bethlehem Landfill.

He said there’s a procedural challenge in court review involving the decision of Northampton County Judge Abraham Kassis, along with a substantive challenge involved in the process.

"In the meantime, the township may or may not enact another ordinance — but that’s where we are at the moment. This substantive challenge that I’m handling is stayed pending the outcome because obviously the Commonwealth Court said the judge is right and there’s nothing to hear.”
George Heitczman, Lower Saucon Township Zoning Hearing Board solicitor

“The landfill company has taken an appeal to the Commonwealth, which is filed; I don’t know where that’s going to go,” Heitczman said. “And in the meantime, the township may or may not enact another ordinance — but that’s where we are at the moment.

“This substantive challenge that I’m handling is stayed pending the outcome because obviously the Commonwealth Court said the judge is right and there’s nothing to hear.”

The township council voted 3-2 on Monday to approv the write-up of a new landfill expansion ordinance to involve different land than previously proposed.

A number of residents spoke out in opposition prior to the vote.

That new ordinance is expected to see a vote from council in July.