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.

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.

How you can help birds and fight climate change

The Veery is a small perky forest bird that is 
common in the Lehigh Valley every summer.
By 2080 almost none will be seen here, Audubon says.

Nearly half of the bird species in the United States are at risk of extinction in just 75 years. Familiar or favorite species will leave for more suitable climates or take their place alongside Martha, the last Passenger Pigeon on earth.

You will see the changes coming gradually. As global temperatures rise, weather patterns will shift. Many bird species in the Lehigh Valley will move farther north, not to be seen again in this locale. 

Year by year, our climate gradually will become too hot, too wet and too variable. Many existing trees and plants will give way to new ones that may not suit today's bird species. The changes will seem imperceptible but over the long haul, they could gradually change bird life as we know it, according to a model designed by the National Audubon Society.

"It’s difficult to perceive the subtle shifting of rainfall patterns, of earlier flowerings that outpace the migration of hummingbirds, of the slow degradation of marine estuaries due to the inexorable rise of the oceans,” said David Yarnold, president and chief executive officer of the National Audubon Society.

Decades of bird observations, internationally recognized scenarios on climate change and several years of computer simulations went into the model on the future of bird behavior.

“Audubon is not in the business of using scary language or going beyond what science tells us,” Yarnold said.

So is there anything you can do to help stop this from happening?

First, Yarnold said, is to embrace the reality of climate change, a phenomenon that is invisible and gradual. He issued a call to action, urging Audubon members to become active in bringing their values to the conversation on climate change, just as they did a century ago to halt the killing of birds for feathers for the millinery trade.

The Audubon Society says there are five things that people can do to protect climate-endangered birds:

Join community organizations

Pledge to take part in climate-related volunteer efforts in your community and join bird observation projects, such as the Christmas Bird Count. This year's Christmas Bird Count is scheduled for:

• Saturday, December 20, in the Allentown area
• Sunday, December 21, in Wild Creek and Little Gap
• Saturday, December 27, in Bethlehem, Easton and Hellertown 

The Bird House will provide reminders as the events draw nearer.

Also you can sign up to receive from the Audubon Society the latest findings on avian science, explore climate-related volunteer opportunities in the Lehigh Valley or Pennsylvania, or enlist in a forthcoming citizen project to document how birds respond to a changing climate.

Locally, the Lehigh Valley chapter of the Citizens' Climate Lobby meets on the second Thursday of the month at the Unitarian-Universalist Church at 424 Center Street in Bethlehem. For information, call John Brown at 610-258-0528. You can follow the group on Facebook, too.

Make change happen in your backyard

Create a bird-friendly backyard. Refrain from pesticide use, let dead trees stand for housing opportunities (or add bird houses), install bird baths and convert lawns and gardens to native plants and wildflowers. Birdscape school grounds, parks, vacant lots and  common areas. Conserve water. Remove nonnative invasive plants. Join the conversation at the National Audubon Society on what others are doing. Keep in mind that a yard is not only a yard—it's a bird habitat. Be a caretaker for your part  of the earth. 

Preserve bird sanctuaries

Pitch in with Audubon's Important Bird Area program, which identifies specific locales vital to birds and biodiversity. The program must satisfy at least one of four criteria: globally threatened species, restricted-range species, large or significant habitats, and congregations of birds at flyways.

One example of an opportunity to participate locally is to help preserve Green Pond Marsh in Bethlehem Township from the proposed development of a housing tract. The marsh is an Important Bird Area that is home to 162 different bird species. Many of these are migratory birds that depend on the wetlands to refuel for their journeys. Eight of the bird species seen at Green Pond are listed as either "threatened" or "endangered" in Pennsylvania. Background on the issue is available on our blog here, here and here. For more information on how you can help save the marsh, visit savegreenpond.org. 

Alert others

Put birds on your community's agenda. Begin a conversation with neighbors, relatives, friends and local leaders on why it's important to protect birds in your community. Write a letter to your newspaper, arrange to visit local school classrooms to educate youngsters or speak at community events (or find a speaker). Many civic groups, such as the Lions, Rotary and homeowners associations, are desperate for speakers at their luncheon meetings.

Meet with decision-makers, such as township commissioners, city parks departments, wildlife agencies, extension services and legislators to educate them on how global warming imperils bird species and ask them how they are planning to address the issue. You'd be surprised how easy it is to get legislators to meet with constituents.

Learn and act

Push for policies that reduce greenhouse gas emissions. Encourage renewable energy portfolio standards, energy efficiency targets and other measures to slow the progression of global warming. Make sure these issues are on policymakers' agendas.

The Lehigh Valley chapter of the Citizens' Climate Lobby meets on the second Thursday of the month at the Unitarian-Universalist Church at 424 Center Street in Bethlehem. For information, call John Brown at 610-258-0528. You can follow the group on Facebook, too.

An important opportunity is coming up to join your voice worldwide. The People's Climate March is scheduled for September 21 in New York City. Billed as the largest march for climate action in history, a coalition of environmentalists, civic leaders, youth groups, religious leaders and labor leaders—about 750 organizations in all—will try to focus attention on the issue of climate change. The march will occur two days before President Obama and other world leaders gather at the United Nations for an emergency Climate Summit. March organizers want government leaders to commit to bold action at the summit.

These are only some of the things you can do to protect bird life in our community. There will be others. Be inventive! Find solutions.

Township gives mixed reviews to planned housing at Green Pond

Special to The Bird House

Photo from savegreenpond.yolasite.com

For the first time, birding enthusiasts who oppose a proposed 265-unit gated housing community near Green Pond Marsh have a clearer picture of where the Bethlehem Township Commissioners stand.

The five-member Board of Commissioners ultimately will decide whether to approve or reject the project. Two previous development plans, by Toll Brothers and J.G. Petrucci, died because of traffic and stormwater management concerns.

But this time, supporters of Green Pond face a tougher task. This plan seems more acceptable to the commissioners, based on comments they made at Monday evening's meeting. One of them voiced outright support for the project and another has spoken favorably about the plan. Two others raised questions about the ramifications of the development. The fifth was mum.

The township commissioners did not take a vote on whether to approve the project because it was only a preliminary sketch plan. The plan must be reviewed by state and regional officials, and then will be sent back to the commissioners for final action.

Traditions of America, which describes itself as a nationwide builder of housing projects for people aged 55 and older, wants to build 265 homes at a stone's throw of marshy areas where migrating and year-long birds obtain food and take refuge. 

The National Audubon Society lists Green Pond Marsh as an "Important Bird Area." Over the years 162 different species of birds have been seen at the site, including eight that are listed as "endangered" or "threatened" in Pennsylvania.

Did the developer exaggerate?

One major issue at Monday's meeting was whether Traditions of America mischaracterized the meeting that its executives had in July with representatives of the Audubon Society, Ducks Unlimited and Hawk Mountain. 

According to many critics of the project, the developer gave the impression at a public meeting on July 28 that all three organizations were satisfied with wetlands as designated on the housing plan.

However, a spokesman from the Pennsylvania Audubon Society and a researcher from Hawk Mountain denied that they had commented favorably on the project. In a letter, the Pennsylvania Audubon Society said it "is not in favor of any development of this site." A scientist from Hawk Mountain she was asked only to examine issues connected with wetlands generally. In her letter, she said she did not speak for Hawk Mountain then or now. However, as a personal matter, she said the project should not go through.

At Monday's meeting, TOA operations director David Biddison denied the company had misrepresented itself. He asserted that the company only sought information from the groups and did not solicit their endorsement. However, he did not address the objections raised in the letters from the Pennsylvania Audubon Society and the Hawk Mountain researcher.

Leaders of the Lehigh Valley Audubon Society strongly oppose the housing plan.

More wetlands in new plan

Traditions of America told the audience that it has reworked its "conservation area" to create a total of 20.35 acres, an increase of about 2 acres. In addition, TOA is increasing its designated wetlands to 153,000 square feet (equal to 3.5 acres), instead of the 73,000 (1.7 acres) as initially proposed.

"Right now, the Important Bird Area is fully covered," Biddison said. 

TOA said it would create three ponds of varying depths on the east side of the tract. There will be a fourth pond at the southern end of the property. During wet periods, an infiltration basin will catch storm water. The infiltration basin would be planted with native grasses.

Originally TOA argued that, as a legal matter, it must protect just 27,000 square feet of wetlands, or less than an acre. That zone was earmarked by the U.S. Army Corps of Engineers sometime after 1987, when amendments to the federal Clean Water Act required the Corps to delineate the extent of wetlands nationally for purposes of issuance of permits for dredging or backfilling.

Steve Kunz, a certified wetlands ecologist retained by Save Green Pond, which opposes the development, told the commissioners that the marshy area is much larger than the 27,000 square feet shown on TOA's original map. Kunz said the wetlands could be as large as five to seven acres.

The definition of a "wetland" is based on the plant life, soils and hydrology of the site. Kunz said the hydrology is the most important defining issue at Green Pond Marsh. One of the characteristics of a wetland is the amount of overflow created from rainfall or winter thaws. A wetland is an area that ponds for 14 days or more per year, an event that happens at Green Pond.

The wetlands are part of the area TOA has marked as a "conservation area." Biddison said the developer reduced the size of driveways to give more space for conservation.

"We're trying to do the right thing. We're trying to listen to the public. We're trying to address their concerns," Biddison said.

The people get their say

The public wasn't able to react to Biddison's presentation. The public portion of the meeting preceded the developer's. About 100 people attended the meeting. Of the 24 people who spoke, none supported the developer's plan.

The speakers emphasized that the loss or alteration of any habitat would harm bird life, especially for migratory species. 

Some of them noted that the site presents an ideal opportunity for educational opportunities for school students. For instance, Terry Master, a professor at East Stroudsburg University, said Green Pond serves as a regional resource. He takes his students to Green Pond whenever possible to examine the ecology of the wetlands.

Vicky Bastidas, a member of the Northampton County Open Space Committee, suggested that the township try to acquire the site to create a nature preserve. Funding for land acquisition is available through the state Department of Conservation and Natural Resources, the state Department of Community and Economic Development, the Northampton County Open Space Program and several nonprofit groups. However, because of the nature of the grant programs, the township cannot force a landowner to sell property for open space preservation.

The development site currently is owned by Green Pond Country Club, which is selling the property to the developer. Traditions of America plans to pitch the project as a boon to golfers.

Other speakers focused on the aesthetic beauty of Green Pond Marsh and on the wildlife that lives there. They feared that Bethlehem Township would soon become overdeveloped to the detriment of residents who live there.

Still other speakers focused traffic and flooding problems the development would create. Dennis Taylor, a Farmersville Road resident who farms 3,000 acres, tackled both issues. He cultivates in various locations, some on leased properties. As a result, he needs to move equipment to different sites, and the increased traffic would compound the problems he has even now in traveling on a 16-foot-wide combine. He also pointed out that erosion from development throughout the area is causing greater flooding on Nancy Run.

"I really hope you guys would take a look at what happens downstream because of what happens upstream," Taylor said.

He said he loses 200 to 300 acres of farmland each year due to development.

Barbara Malt, vice president of the Lehigh Valley Audubon Society, and Rick Wiltraut, who has been studying birds for 45 years, were among those making presentations at the meeting.

Two other speakers tried to emphasize their points with visual effects.

Scott Burnet, head of the habitat and conservation committee of the Lehigh Valley Audubon Society, displayed a mounted American Coot that had been killed by a herbicide that was sprayed in another township. The species, he said, is a shy, retiring bird that has been seen in Green Pond. Do the Bethlehem Township Commissioners, Burnet asked, want to be responsible for killing birds like this species by voting for the housing project?

Gwendolyn Evans Caldwell, a professional painter who lives in sight of Green Pond, gave each commissioner a watercolor painting of birds that she has seen at the site.

"Bird watching is no mere hobby like golf," she said. "Birds are crucial to man's survival."

Commissioner Hudak has 'heard this before'

Commissioner Michael Hudak was unimpressed by Caldwell's gift. He didn't look up to accept the painting. He had been staring at the ceiling during most of her presentation. He got the cold shoulder from several other speakers, a fact that did not go unnoticed.

Michael Adams, a former Butztown resident who now lives in Lehigh County, began his remarks with a biblical reference. "The Good Book has some very profound things to say about the birds of the sky," he said, pausing as his voice choked with emotion. Once he resumed his presentation, he turned to Hudak and said: "I find your studied indifference contemptible."

"That's your right," Hudak replied.

"I don't need you to affirm that right," Adams countered.

Hudak brushed aside the public objections to the development, saying, "I've heard this before."

He asserted that Traditions of America has fully met the needs of bird life in Green Pond.

"I don't think that the houses will scare the birds away," he said, noting that Blue Herons have roosted on his roof.

"The birds have been here for hundreds of thousands of years," he said. "I'm not so arrogant as to think they need our help."

Hudak also said there are many 55-and-older residents in the township who have told him they're interested in the project and support it.

Commissioner Zawarski wants proof about bird life

A second commissioner, President D. Martin Zawarski, spoke favorably of the project when it was unveiled in early July. "Out of all of the plans that came before us over the years, this is absolutely the best use and they're more respectful of all the issues they have to deal with," Zawarski told the Easton Express-Times back then.

On Monday evening, Zawarski didn't expressly endorse the project, but wondered why Green Pond has become such a big deal. He said has lived in the township since the 1960s but doesn't recall seeing birds at Green Pond back then. He thinks they arrived as time went on, and now the site has become a refuge for them. He asked the Audubon Society to document why Green Pond should be treated as an Important Bird Area. "Next time you come back, bring something with some more meat in it so I can understand this better," said Zawarski, a real estate agent and developer.

Earlier in the meeting, the Lehigh Valley Audubon Society had presented the commissioners with a binder containing photographs taken at Green Pond of dozens of birds, some of them rarely seen locally.

Commissioners Nolan and Barnard have reservations

On the other hand, Commissioner Thomas Nolan posed numerous questions to the developer. He noted that in his 27 years as a township official, he has seen development projects come and go, and not all of them worked out as planned.

"I have to go into the bigger sphere: What is good for the township, not what is good for the developer," Nolan said.

He commended Traditions of America for making improvements to the original plan, but said the final plan still has hurdles to get through, including those relating to traffic congestion and a clear delineation of what is a wetland and what is not.

"My judgment as to whether to support it right now is on hold," Nolan said.

Commissioner Phil Barnard had similar reservations. "When you come up with a formal plan, I hope their concerns are addressed," he said, referring to those in the audience.

The fifth commissioner, Pat Breslin, was mum. Throughout the meeting, he said nothing about the development plan or about the concerns voiced at the meeting. He asked no questions of the developer.

No timetable was announced for a final vote on the housing project. The developer has yet to present it for review by the Lehigh Valley Planning Commission or the Northampton County Conservation District. The Pennsylvania Department of Transportation must sign off on the developer's traffic study. The state Department of Environmental Protection may have to evaluate the wetlands issue.

Green Pond meeting tentatively set for August 18

The Bethlehem Township Board of Commissioners is preparing to review a developer's plan to build 265 houses at Green Pond Marsh, which the Audubon Society says is an "Important Bird Area."

The meeting is tentatively scheduled for 7 p.m. Monday, August 18, at the township building on 4225 Easton Avenue, according to Save Green Pond, the organization trying to preserve the marsh's ecology. The meeting is open to the public.

Traditions of America, a developer of high-end adult housing for people aged 55 and older, wants to build on land that it says is outside the wetlands of the marsh. The developer apparently will be on hand to present its plans at the commissioners' meeting.

Previous postings on this issue can be found here and here.

Speakers oppose Green Pond development plan

Great Egret (file photo)

Bethlehem Township officials got an earful from those opposed to a development plan affecting Green Pond Marsh but whether they'll listen is another matter.

A standing-room-only crowd attended Monday evening's meeting for the initial review of the development project. More than 100 people attended, and all 22 people who spoke raised objections to the plan.

The Audubon Society lists Green Pond Marsh as an "Important Bird Area." Over the years the site has attracted 162 different species of bird, including eight that are listed as "endangered" or "threatened" in Pennsylvania. The Great Egret, shown here, is among those on the endangered list.

The developer, Traditions of America, presented its sketch plan to the Bethlehem Township Planning Commission for review. The developer wants to build a 256-home gated community for the 55-plus age bracket.

Under the plan, about 100,000 square feet of property, including the marsh, would be protected for conservation. The developer considers this generous, because only 27,000 square feet of the property is designated as a "wetland."

John Glagola, an architect and planner at a Manhattan real estate investment firm and the organizer of Save Green Pond, said he had an engineer evaluate the property. The engineer will testify at a future meeting that the wetlands area is far greater than 27,000 square feet.

Other speakers pointed out that development would drastically alter the current environment. For instance, existing mud flats would be "redesigned" and native grasses planted. The speakers said specially lined mud flats can't replace those that exist naturally and that many species of migratory waterfowl feast on invertebrates, not grasses.

Among those criticizing the proposed housing project were Barbara Malt and Scott Burnet, both of the Lehigh Valley Audubon Society, and ornithologist Rick Wiltraut.

One concern that township officials raised at the meeting was that the roads envisioned by the developer would be too narrow. The township engineer said the developer would need the township's approval for those roads.

The township has zoned the property for commercial development. The 68-acre property currently is owned by Green Pond Country Club.

The township planners sent the developer's proposal to the Board of Commissioners but it's not clear whether the commissioners will consider the development plan next Monday. They meet on the first and third Mondays of each month.

Complete reports on Monday's meeting are available from the Express-Times and Lehigh Valley Ramblings, run by blogger Bernie O'Hare. Lehigh Valley Ramblings had an earlier posting on the problems the development would create.

Green Pond birding site threatened; meeting is Monday evening

Royal Tern (file photo)

You're welcome to attend a meeting on Monday about a developer's plan to build 265 houses at Green Pond Marsh, one of the Lehigh Valley's most significant birding areas.

Traditions of America, a developer of high-end adult housing for people aged 55 and older, wants to build 191 single-family houses and 74 town houses on land that includes the birding site.

The marsh, which consists of a pond and adjoining wetlands and farm fields along Green Pond Road in Bethlehem Township, has attracted 162 different species of birds in recent years, according to a website maintained by Dave DeReamus, who runs Eastern PA Birdline, a project of the Lehigh Valley Audubon Society.

Eight of the bird species that have been sighted at Green Pond Marsh are listed as either "endangered" or "threatened" species in Pennsylvania.

The Audubon Society describes Green Pond Marsh as an "Important Bird Area."

In the spring, especially after heavy rains, water levels rise along Green Pond Road. The water remains for extended periods, which draws migratory shorebirds that otherwise are rarely seen in the Lehigh Valley. The shorebirds stay for several days, fueling up on small invertebrates and other organisms before resuming their journey to their Arctic or sub-arctic breeding grounds.

Green Pond Marsh (photo by Dave DeReamus)

The marsh is among the largest staging areas of Lesser Black-backed Gulls in North America, with counts in excess of 200 individuals having been reported. Numerous gulls visit the marsh, and terns are seen occasionally after storms. The marsh plays host to breeding neotropical birds such as Eastern Kingbirds, Warbling Vireos, Yellow Warblers, Baltimore Orioles and Orchard Orioles.

Over the years, certain birds have been seen at Green Pond Marsh that have never been seen elsewhere in the Lehigh Valley. For instance, on one occasion, a Royal Tern was sighted at the marsh. That's the only time the bird was reported in Northampton County and only a few times the one has been seen in Pennsylvania. Other rare sightings include Glossy Ibis, American Avocet, Wilson's Phalarope and Red-necked Phalarope.

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

Glossy Ibis (file photo)

According to The Express-Times, the developer has left some of the seasonal wetland untouched. But it also proposes to create a public parking area for visiting the wetlands an asphalt trail through the property. The president of the township Board of Commissioners, D. Martin Zawarski, was quoted as calling the developer's plan "absolutely the best plan and the best use" for the property while being "the most respectful of all the issues they have to deal with." 

At Monday evening's meeting, the township planning commission will review the developer's sketch plan.

The issue then goes before the Board of Commissioners the following week, on August 4.

The public is welcome to attend Monday's meeting of the planning commission. The meeting begins at 7 p.m. at the Bethlehem Township Municipal Building, which is located at 4225 Easton Avenue in Bethlehem Township.