Tuesday is the last chance for the public to have its say about the idea of Green Pond Marsh and 220 new homes sharing a single tract of land.
A hearing in Bethlehem Township will be the final opportunity to comment on the ecological significance of the marsh, which is visited by 182 bird species, including eight that are either endangered or threatened with extinction in Pennsylvania.
The developer, Traditions of America, has led more than 25 hours of testimony over the past month advocating for its development project while defending its case that building 220 homes adjacent to the wetlands would not harm bird life.
One final session of testimony from the developer will be taken from 4 to 7 p.m. on Tuesday. From 7 to 10 p.m., the public will have its turn.
The hearing will be conducted at the Bethlehem Township Municipal Building, 4225 Easton Avenue. You do not have to be a township resident to offer comments.
The township has appointed an independent hearing officer to decide whether to grant approval to the developer's tentative plan for construction. A decision must be made by May 5 to grant or deny the tentative plan or it will be deemed approved.
The National Audubon Society has designated Green Pond Marsh as an "Important Birding Area" because of its significance as a migratory route for scores of species seeking rest and refueling. The marsh also provides food, water and shelter for scores of other species that live there year-round.
Traditions of America's proposed development has been debated since July 2014. As originally envisioned, the developer wanted to build 261 detached houses and town homes on 140 acres that includes some of the bird habitat. Residences would be marketed to people aged 55 and older at an average market price of $460,000, depending on the type of home.
Since then, opposition forced Traditions of America to scale back its plans. TOA now wants to build 229 homes, not 261. It set aside more open space—29 acres instead of 22 acres. Eighteen acres would remain undeveloped. A 50-foot buffer would surround the marsh. The closest home would be 309 feet from the wetlands.
Three things happened to influence the course of the debate.
In November 2015, the composition of the township Board of Commissioners changed, with the Democrats taking 3-2 control for the first time in memory. One of the new Democrats, Malissa Davis, ousted Marty Zawarski, a Republican developer who was seen as sympathetic to TOA's proposal.
In February 2016, the adjoining Green Pond Country Club, which owns the 140-acre tract that includes both the marsh and the development site, threatened to close the golf course and sell it to developers if the TOA plan is not approved. Stockholders in the country club are counting on new residents from the TOA homes to maintain its shaky financial prospects. TOA is billing its project as a "golf course community."
The stage was set in February 2017 for the township commissioners to review the TOA plan. However, pro-development statements by Commissioner Pat Breslin called into question his ability to make an impartial decision. A motion to disqualify him from participating in the review was made, and the township solicitor voiced concern that similar motions could be filed against the three Democrats on the board. As a result, solicitor Jim Broughal recommended that the decision be left in the hands of an independent hearing officer. The township commissioners accepted his advice.
Broughal chose David Brooman, a Norristown attorney who specializes in land use and zoning law, as the independent hearing officer. Save Green Pond opposed the selection, saying Broonan has a record of representing landfills, incinerators and solid waste management facilities.
In a letter dated February 17, Save Green Pond contends that Traditions of America's revised development plan provides no real protections to the sensitive ecosystem surrounding Green Pond.
"TOA is trying to make it sound like they are being generous by saying they are setting aside 29 acres as open space," the letter states. "But what they don't mention is that the way they have placed their detention ponds inside that 29 acres will cause a significant disruption of the Marsh hydrology.
"Their plan is still inadequate to protect the Marsh as a viable ecosystem for the birds," the letter continues.
The township commissioners granted Save Green Pond the right to provide expert testimony to the independent hearing officer.
Save Green Pond's witness, David Brandes, a professor of civil and environmental engineering at Lafayette College, testified that TOA's plan would prevent stormwater from reaching the wetlands. Many species of waterfowl depend on small aquatic invertebrates for food, especially during migration.
Green Pond Marsh hosts species not normally seen in the Lehigh Valley. Numerous species of gulls visit the marsh, and terns occasionally are seen after storms. The marsh is one of the largest staging areas of Lesser Black-backed Gulls in North America.
The marsh hosts breeding neotropical birds such as Eastern Kingbirds, Warbling Vireos, Yellow Warblers, Baltimore Orioles and Orchard Orioles.
On one occasion, a Royal Tern visited the marsh. Other rare sightings include the White Ibis, Glossy Ibis, American Avocet, Wilson's Phalarope and Red-necked Phalarope.
Another rarely seen species is the Stilt Sandpiper, a long-distant migrant that breeds in the Arctic tundra and winters in northern and central South America. An insect-eater, the Stilt Sandpiper prefers mudflats, flooded fields, shallow ponds and marshes.
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