Fate of Green Pond Marsh may depend on April 11 hearing

Special to The Bird House

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.

"You do not need to be an expert on wetlands, birds or hydrology to officially voice your concerns at the hearing," said Save Green Pond, a citizens group trying to prevent residential development around the marsh.

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."

In November 2016, the Bethlehem Township Planning Commission recommended that the township commissioners grant TOA's tentative plan for the Green Pond residential site. The recommendation came after months of debate and negotiation between TOA and township engineers over housing density, street width and storm water management.

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.

Green Pond housing project meeting postponed

NOTICE: THIS EVENING'S MEETING HAS BEEN CANCELED BECAUSE OF WEATHER CONDITIONS.

A preliminary step toward the construction of a housing project adjacent to Green Pond Marsh goes before the Bethlehem Township Commissioners on Monday evening.

The developer, Traditions of America, is asking the commissioners for a series of waivers and deferrals that would make it possible to build 229 housing units on a site adjacent to a National Audubon Society-designed Important Birding Area.

The meeting is scheduled to begin at 7 p.m. in the township building off William Penn Highway.

In January the township planning commission recommended that the board of commissioners approve the waivers and deferrals that Traditions of America requested. The commissioners plan to vote on those recommendations Monday.

Meanwhile, The Morning Call reported that 17 of the 24 shareholders of the Green Pond Country Club have voted to sell the golf course for housing development if the Traditions of America project is not approved promptly.

The Traditions of America site is across Farmersville Road from the golf course. Green Pond Country Club owns the 110 acres on which the TOA project would be built. In addition, TOA has been billing its project as a "golf course community."

The deal reportedly is contingent upon TOA receiving approvals to build. The two parties have not said how much money is involved.

Green Pond Country Club needs both money and customers. 

Throughout the country, the golfing industry has experienced consistent decline. The number of golfers in the United States has fallen by 24 percent since 2002. People are playing fewer rounds of golf. Fewer young people and minorities are participating, partly because of lack of interest and partly because of the high expense of the sport, according to golf industry analysts.

For the eighth consecutive year, more golf courses are closing than opening, according to the National Golf Foundation. Retailers such as Golf Galaxy and TaylorMade-Adidas Golf reported double-digit declines in sales last year.

It's against this backdrop that the Green Pond Country Club chose to act. Country Club Chairman John Daub said trying to sell a golf course is difficult in today's market, so the Club's standpoint the only alternative would be swapping golf for houses.

"It's not an ultimatum. It's just the facts," Daub told The Morning Call. "It's not a threat. It's just reality."

Most of the shareholders in the Country Club do not live in the Lehigh Valley. According to Daub, the shareholders inherited their stakes in the Country Club many years ago upon the deaths of their ancestors. The shareholders merely want a return on their investment, he said.

Daub, who lives in Arizona, plans to fly in for Monday's meeting.

Housing development at Green Pond Marsh advances

A proposal to build a housing project adjacent to Green Pond Marsh has moved ever so slightly toward a final decision.

The Bethlehem Township Planning Commission has approved six relatively minor waivers and deferrals from township regulations for the housing plan proposed by Traditions of America, a developer of housing communities for people age 55 and older.

TOA has a way to go before it can gain final approval for the development, which would affect bird life in and around the marsh.

The National Audubon Society has designated Green Pond Marsh as an Important Bird Area. More than 180 birds have been sighted at the wetlands, including eight that are identified as endangered or threatened in Pennsylvania. Many of the birds that visit the marsh are species that depend on the site for food, water and shelter during migration.

Last Monday, TOA presented revised plans that would reduce the number of houses to 229 from 261 and would expand the amount of open space within the project, according to blogger Bernie O'Hare, who reported on the planning commission's meeting for his Lehigh Valley Ramblings blog.

According to O'Hare's report, the township planning commission was given a sweetener and a warning.

On the one hand, a partner in TOA emphasized that the development would reap $843,500 in recreation and real estate transfer fees for the township and another $250,000 in annual property taxes. The Bethlehem Area School District would receive $1.9 million in property taxes.

On the other hand, an attorney for Green Pond Country Club warned that the golf club might consider selling its land for residential development if the TOA project is not approved.

The country club owns the land on which the TOA project would be built. By selling the land to TOA, the club's shareholders would profit. The TOA project is being billed as a golf course community. The TOA site is across Farmersville Road from the golf course. The shareholders also would benefit by getting new customers.

A full report from O'Hare's blog appears here.

In a separate report, O'Hare said at least six stockholders in the golf club are from the Lehigh Valley. The remainder live outside the area. That information appears here.

Green Pond development scheduled for January 25

Special to The Bird House

It's been six months since there was a public airing of the proposed housing development near Green Pond Marsh, but that will change on Monday, January 25.

The Bethlehem Township Planning Commission is scheduled to review a scaled-back plan for a retirement community adjoining an Important Birding Site identified by the National Audubon Society.

Traditions of America plans to reduce the number of townhouses to 229 from 261. According to a report from blogger Bernie O'Hare, a larger buffer space has been created around the wetlands, which is located in the northwest corner of the site.

The designation "Important Bird Area" means a site should be protected as a special habitat for birds. Over the years, 182 different bird species have been sighted at the marsh. Many of them are migrants that use the wetlands as a stopping-off point during their long-distance journeys. Eight of the species are either endangered or threatened in Pennsylvania.

Traditions of America is asking the township planning commission to ratify all waivers and deferrals, which would bring the project substantially closer to construction.

It has been 18 months since Traditions of America came before township officials for permission to build high-end housing for people aged 55 and older. Engineers and planners have been evaluating aspects of the project, including traffic problems, residential flooding and environmental impacts. Apparently the project has undergone several modifications since the original unveiling.

In his blog, Lehigh Valley Ramblings, O'Hare says the main entrance to the housing development has been changed from Farmersville Road to Green Pond Road. The clubhouse has been relocated to the northern part of the development. The blog did not identify how much additional acres would be allocated to open space.

The group Save Green Pond has been trying to gain public support for protecting the marsh as an undisturbed wetland. Even relatively minor changes to the landscape, such has the resurfacing of Green Pond Road, has modified the bird and aquatic environment, the group points out.

Critics of the project worry that building a housing development so close to the marsh will create even greater damage to the sensitive environmental area.

The planning commission is scheduled to meet at 7 p.m. at the township building, which is located at 4225 Easton Avenue. The meeting is open to the public, including those who don't live in the township.

Housing project at Green Pond Marsh hits a snag

Glossy Ibis: One of the species seen at Green Pond

Special to The Bird House

With last week's heavy downpour on everyone's mind, Bethlehem Township planners on Monday evening delayed action on a proposed 261-unit housing project near Green Pond Marsh because of concerns about managing storm water from the site.

The planners voted 5-1 to suspend review of the development plan until they learn more about the effects that water runoff that would have on the marshlands and on homes downstream. The vote means that the developer, Traditions of America, won't be able to move ahead until late summer at the earliest.

"This is a huge roadblock for them," said John Glagola, who heads the citizens group Save Green Pond. "They thought they would sail through the planning process but that's not going to happen."

Traditions of America, based in Radnor, wants to build a gated housing community catering to people age 55 and older who have the means to buy one of its $470,000 homes.

The 119-acre site adjoins the Green Pond Country Club—a key selling point for the developer.

It also adjoins the marsh, which the National Audubon Society says is an Important Bird Area, a designation given to special habitats for birds. Over the years, 182 different bird species have been identified at the marsh. Many of them are migrants that use the wetlands as a stopping-off point during their long-distance journeys. Eight of the species are either endangered or threatened in Pennsylvania.

During the past month, engineers and consultants have peppered the township planners with memos analyzing aspects of the development project but none of the reports specifically evaluated what storm water might have on the wetlands' water level or water quality.

Attorney Tom Elliott, who represents Save Green Pond, said the omission is serious because a township ordinance requires a public airing of storm water management issues.

Last week's intense rainstorm caused flooding problems throughout the area, as a resident of Church Road pointed out. Flooding also occurs along Nancy Run during lesser storms. The headwaters of that creek include some of the wetlands adjoining Green Pond.

Planning commission member Kenn Edinger said it would be prudent to wait for fuller analysis.

"I do believe that water quality should be looked at," Edinger said. "Whether it is detrimental to birds, we don't know."

At Edinger's suggestion, the planners voted to delay review of the project until the Lehigh Valley Planning Commission weighs in with its analysis. Les Walker cast the lone vote against tabling the project. Chairwoman Lee Stover abstained.

As a practical matter, the soonest the township planning commission could proceed with its review would be at its meeting on August 24.

Green Pond development is on the agenda for Township meeting.

There will be a meeting of the Bethlehem Township Planning Commission this Monday, June 22nd
at 7 PM. The meeting will be held at the Bethlehem Township Municipal Building, 4225 Easton Avenue, Bethlehem 18020.

The Traditions of America development at Green Pond is on the agenda for this meeting listed as "old business." A vote may be taken. [A vote would have been taken last month but since the Planning Commission did not have a quorum, no vote was taken.]

Last month's meeting was poorly attended by SaveGreenPond advocates to which the developer commented that no one must care!

As many people know, Green Pond Marsh is one of the best areas to observe wetland birds in the area. If you are able, please come and show the Bethlehem Township officials that Saving Green Pond Marsh will not be forgotten about.

3-2 vote on controversial plan to build near Green Pond marsh.

Monday, April 20th, Bethlehem Township Commissioners voted 3-2 to approve requested waivers and deferrals for the 261-home development by Traditions of America near the Green Pond marsh. The U. S. Army Corps of Engineers has designated the area as wetlands and is one of the habitats used by migratory birds. There has also been a great deal of concern voiced about increased traffic and storm water runoff.

Commissioner Michael Hudak, who voted for the waivers was quoted as saying that because the birds are migratory and don't use the Green Pond wetlands for long, he doesn't think it's a worthy reason for turning down the housing plans.

While this is not the end of the road for the marsh, according to Commissioner Nolan, it does give Traditions of America approval to come in with a preliminary plan.

For more detailed information and explanations, please see the links below.
From the Easton Express Times: http://www.lehighvalleylive.com/bethlehem/index.ssf/2015/04/bethlehem_township_commissione_19.html
From Bernie O'Hare's blog: http://lehighvalleyramblings.blogspot.com/2015/04/divided-board-grants-waivers-to-green.html

Housing plan at Green Pond bird site advances

The developer Traditions of America won a step toward building a 261-unit gated housing community along Green Pond Marsh.

The Bethlehem Township Planning Commission this week waived several township planning regulations after hearing from its engineer. The issues dealt with the width of roads, speed limits, sidewalks and curbing.

The development plan remains in its preliminary stages. The township is awaiting the results of its own environmental assessment of the project and an evaluation of storm water and traffic concerns. An investigation of into a possible Native American settlement at the site may also be required.

The plan must meet muster with several federal and state agencies that deal with environmental concerns. 

A full report of the planning commission's actions are available at Bernie O'Hare's blog, Lehigh Valley Ramblings.

(You also might wish to read an essay written by a Bethlehem Township resident about Green Pond Marsh. The essay appears in Mr. O'Hare's blog, which recently won a Pennsylvania NewsMedia Association award for his coverage of Green Pond Marsh.)

Traditions of America, based in Radnor, wants to build a $108 million gated housing development that caters to affluent singles and couples age 55 and older. 

The 119-acre tract includes Green Pond Marsh, a National Audubon Society-designated Important Bird Site where 162 different species of birds have been seen over the years, many of them migratory and eight that are endangered or threatened in Pennsylvania.

The developer promises not to build in the marsh but opponents of the project are skeptical. They question whether runoff from the housing complex would harm the wetlands and compromise bird life. Details are available here and here.

Developer wins OK for wetlands changes at Green Pond Marsh

Lesser Black-backed Gulls use site as staging area

Special to The Bird House

The Bethlehem Township Planning Commission on Monday night agreed to most of the five changes a developer requested for its 261-unit housing project near Green Pond Marsh, a National Audubon Society-designated Important Bird Area.

Traditions of America, a housing development company based in Radnor, wants to build a gated housing community catering to affluent residents age 55 and older. The 119-acre tract adjoins Green Pond Country Club—a key selling point for customers.

Green Pond Marsh is one of the best areas in the Lehigh Valley for viewing wetland birds, especially migratory species. Over the years, 162 different bird species have been seen at the marsh, including eight that are either endangered or threatened in Pennsylvania.

Birders have been kept away since September, when a backhoe dug 39 test holes around the marsh to test the soil composition, and the land's current owner, Green Pond Country Club, posted no-trespassing signs. The country club granted Traditions of America the right to develop the site. The tract is bordered in part by Green Pond Road, Farmersville Road and Church Road. 

The development plan is in the preliminary stage, and it is subject to final approvals by the township Planning Commission and the Board of Commissioners. A few federal and state agencies also must sign off on the plan for it is to proceed.

The developer on Monday sought five waivers from township ordinances. Four dealt with various aspects of road design, sidewalks and curbing. The fifth was a waiver of the township's storm water management ordinance.

Two of the waivers involve issues that directly pertain to Green Pond Marsh: the realignment of drainage patterns and the construction of a walking trail.

(This morning's Easton Express-Times focused on the controversy over the width of roads in the housing complex.)


The marsh's water source

The proposed storm water management plan is complex. The plan relies on a system of retention basins to maintain water levels in Green Pond Marsh, collect runoff from the golf course and reduce overflow into flood-prone Nancy Run.

Water that reaches the wetlands from the north would instead flow into retention basins, with the excess flowing northward toward the headwaters of Bushkill Creek. The rest of the storm water on the site would stay in the wetlands, except for retention basins that would slow runoff into Nancy Run. As a last resort, any excess would flow into that creek.

The retention basins would be scoured 8 to 12 feet below ground level, an idea that worried some in the audience. They feared that the depressions might drain the marsh as time went by. 

Jack Glagola, who heads the citizens group Save Green Pond, said he doubts the storm water plan will work. The Farmersville Road resident pointed out that neither the Army Corps of Engineers, which serves as the government's delineator of water courses and wetlands, nor the state Department of Environmental Protection have granted final approval of the project.

The developer got a warmer reception for its proposal to re-create a pressure relief valve that existed in the past: a field north of Green Pond Road that occasionally accepted surplus water from the marsh. The water reached the marsh by flowing over the road. In 2011 the Pennsylvania Department of Transportation raised the road with the idea of eliminating dangerous driving conditions. The effect, though, was to cut off the source of water to the field. It became bone dry, harming wildlife. The new plan calls for installation of a pipe beneath the road so the water could reach the field.


Walking trail might harm birds

The proposed walking trail also received a cool reception. Traditions of America wants to create a paved trail that would parallel Green Pond Road roughly midway between the roadway and the houses it plans to build. Although the walkway would be outside the wetlands, speakers expressed concern that it would split the wildlife area in two.

"Put the sidewalk along the residential area, not down the middle of a wildlife area," said Mike Magnan, who lives on Farmersville Road.

"Do we really need a trail?" asked a woman who lives on Green Pond Road. "It would scare away the birds if a lot of people used it."

A consideration raised by another neighbor involved whether the new residents' dogs and cats would roam freely, killing smaller birds and chasing away larger ones. The developer said dogs must be leashed. No similar assurance was given about cats, which tend to kill more birds than dogs.

Without committing itself, the developer agreed to study the idea of relocating the walkway closer to the houses, so as to leave more land undisturbed for birds who use the area for shelter and feeding.

Planning Commission member Les Walker endorsed that idea.


Meeting did not draw a crowd

After two hours of discussion, the planners voted 4 to 2 to approve most of what Traditions of America sought, subject to the township engineer's review of some issues. Chairperson Lee Snover abstained.

Unlike the packed room at previous meetings, Monday's session drew fewer than 30 people. Only 12 spoke, most of whom lived in the neighborhood.

For the past 19 years, Traditions of America has embraced the concept of building age-restricted high-density housing punctuated by open space, said Tim McCarthy, founding partner and managing director of the company. He anticipates the price of a home at the Green Pond development to be 45 percent higher than the median sale price in the Lehigh Valley.

The Lehigh Valley Association of Realtors says the median home price in Lehigh and Northampton counties was $170,000 in 2013.

Green Pond Marsh meeting is tonight

Ross's Goose, one of 160 species seen

Traditions of America, the company that plans to build a housing project adjacent to Green Pond Marsh, will make a presentation tonight at 7 o'clock at the Bethlehem Township Municipal Building to explain several changes to its plan.

The revised plan calls for reducing the number of homes to 261 from 265 to accommodate newly identified wetlands at the marsh. The citizens group Save Green Pond retained a consulting ecologist, Schmid & Company, to evaluate the scope of the wetlands.

Schmid identified two locations—a woody area near Green Pond Road and a depression in a farmed field that often ponds for long periods at various times of the year. The ecologist said these areas should remain undisturbed because they are an integral part of the marsh itself.

The Easton Express-Times published an account on February 4 of the developer's plan to change the plan it presented last August. Tonight's presentation is more in the nature of an update, rather than a full review of the plan it its entirely. A full review will come at a later date, yet to be determined.

Last August about 100 people attended a meeting to protest the development, which would harm the wetlands, a site frequented by 159 bird species over the years, including eight that are in danger of disappearing in Pennsylvania.

Since then Traditions of America drilled numerous test wells on the property that includes Green Pond Marsh. Save Green Pond says the wells may have harmed the wetlands by penetrating the impermeable layer of clay and muck that keeps the wetlands from draining into the bedrock.

The public is welcome at tonight's meeting. The Township Building is located at 4225 Easton Avenue.