FROM THE EXPRESS TIMES
Upper Nazareth Township supervisors may have forfeited some of their ability to control the way homes are laid out in a proposed development due to a lack of notice from the township zoning officer.
The continuing care development Heritage Village is proposed north of Nazareth Borough Park by Moravian Hall Square.
The eastern portion of the development is in a zoning district that allows for 112 homes, while only 20 can be built in the western portion. Since the development is age-restricted, zoning laws allow for an additional 11 homes, bringing the total of permitted homes to 143.
However, township zoning officer John Soloe determined Moravian Hall Square can put more than 20 homes on the western portion of the development as long as the total remains under 143.
He wrote a letter to Moravian Hall Square attorney Theodore Lewis on Aug. 8 outlining his opinion, and Lewis published legal advertisements on the determination Aug. 24 and Aug. 31.
Planning commission members and township supervisors had 30 days from the second ad’s publication to appeal the opinion. None of them saw the ads, and the deadline expired Sept. 30. The planners received notification from Moravian Hall Square on Oct. 1 about the opinion, according to planning commission Chairwoman Pam Berlew.
Berlew said she favors the development but thinks supervisors should have an opportunity to appeal Soloe’s decision.
The planners reviewed Soloe’s decision after the deadline and on Thursday recommended supervisors appeal the opinion to the zoning hearing board.
“We’re waiting (from attorneys) for more information on that, but if supervisors wouldn’t be able to appeal to the zoning board or residents wouldn’t be able to appeal, it would be unfair because no one saw the opinion,” said Scott Sylvainus, a township supervisor who also sits on the planning commission.
Soloe did not return a phone call for comment on Tuesday.
Some residents on Porter Street and West Beil Avenue at previous meetings have questioned aspects of the plans. The next supervisors meeting is Wednesday.
Lewis said the planning commission received notice of the developer’s intentions to merge the two zoning districts in various reports.
“It wasn’t a sudden change,” Lewis said. “It wasn’t like he (Soloe) suddenly turned things upside down. This is a decision he verbally took in time in the May meeting to explain why he believes this is the correct way to interpret the ordinance. This was not an about-face by John Soloe. This was his position clearly expressed.”
Township attorney Gary Asteak and zoning board attorney James Zulich did not immediately return phone calls for comment.
Regardless of the zoning dispute, the supervisors still have to approve the plan. According to plans, residents ages 62 and older would live independently in cottages, town houses and duplexes and be entitled to care at Moravian Hall Square's main campus in neighboring Nazareth.
If the development is approved, Moravian Hall Square representatives anticipate full occupancy by 2015.
http://www.lehighvalleylive.com/nazareth/index.ssf/2011/10/upper_nazareth_supervisors_cou.html
On this page I will have all information on sports events from Nazareth High School and all other sports events in the country. I will also have news about myself and other people.
No comments:
Post a Comment