Lowhill ZHB followed township laws, former zoner says
To the Editor:
In the paraphrased words of an old, long past, yet still controversial fellow:
“To warehouse or not to warehouse, that is (not really) the question.”
Given the palpable discord in our little hamlet surrounding this matter and the boiling cauldron of misinformation swirling around about it, I feel it necessary and appropriate to clear the air.
I pen this note in an attempt to dispel the too often repeated notion that the Lowhill Township Zoning Hearing Board acted in any way without regard to law, to rule or contrary to common decency.
Further, it is necessary to extinguish, or at least attempt to extinguish, the flames that some in our various governing bodies insist on fanning.
It is of vital import that a few basis of fact be clearly understood:
1) Zoning rules require all forms of legal business be accommodated in some place (zone) in each municipality that has adopted zoning.
2) The idea a “warehouse,” a “storage facility” or a “distribution facility” differ materially one from another is simple word salad. Moreover, this “Is a hot dog a sandwich?” type of question was never before the zoning hearing board.
3) The rules in effect at the time allowed for warehouses in accordance with zoning rules. Again, permitted use was never an issue that was before the ZHB.
4) Rules in effect at the time allowed for building heights of 50 feet. If municipal water and sewer was available, these buildings would be permitted without more than the customary approval process. This allowance would correctly granted by law and by right.
5) These buildings and uses, if they wanted to, could be built at a height of 30 feet without municipal water and sewer. Again, this allowance is by law and by right and with only customary approval process.
6.) Municipal water and sewer currently exists in the township, albeit in small numbers. Developers of these properties had in place agreements to extend public water facilities to these sites. Sewer could not be extended because Lehigh County Authority does not have capacity.
7) The only issues before the ZHB were of height and, in one instance, an issue of slope.
8) The ZHB heard sworn testimony, not comment, from the township, from legal counsel, from engineers and others who possessed proper and relevant credentials. The ZHB heard and understood the concerns of residents in attendance at each of these meetings.
I personally went to great lengths (apparently not great enough) to advise the residents, many gentlemanly and gentlewomanly, of the issues before the ZHB and the issues not in the ZHB realm of consideration.
I attempted to make it abundantly clear that considering anything more than what an appellant has petitioned for would be an outrageous and unlawful display of governmental overreach.
During each of the last several supervisors’ meetings there has been lengthy discussion regarding the “incorrect” ruling of the ZHB.
The angry flames of a small but very vocal and very engaged group are being fanned by purposely misleading them into thinking their position of “Stop the Lowhill Warehouses,” is in the township’s best interest.
Supervisors have gone so far as to introduce other supervisory members (or a member) from adjoining townships to speak about the horrors of these Big Boxes taking over their townships.
Strangely, no one found it odd that a scant few weeks later one of these adjoining neighbors set in motion an additional 2,000,000-square-feet of warehousing.
Not good for us but somehow good for them?
Interesting at best, Tom Foolery at the midpoint and outright deceit at the trails end.
The oft discussed Multi Municipal Plan correctly goes a long way to limit and direct growth.
However, the plan it is not, nor should it ever be, a script used to eliminate growth or to unlawfully usurp anyone’s legal rights and authorities to do what is permitted by law or by statute.
Most assuredly and, most especially, when the exercise of those rights and authorities are objected to solely on the basis of being not what we want.
Any governmental body that would use its power to remove the rights of any lawfully engaged resident is corrupt at its core.
Any group or individual that would applaud the government usurping individual rights and freedoms is doing so at its own eventual peril.
As a matter of geography, the Village Center District, where these facilities are being discussed, is a very small portion of Lowhill and is exactly where zoning rules require such activities.
The conversation regarding expansion of use into other areas of protected (zoned) land serves only to conflate emotion.
It is, quite frankly, not possible.
While it is not now, nor was it ever in the purview of the ZHB, it is of significant importance to consider that these businesses may (at least potentially) pay ever increasing tax levies and be of strong aid in furthering the cause and needs of our community.
Warehousing in our region has become, and will likely remain, the Bethlehem Steel of the past and the silk mills of the long past in terms of living wage employment for many of our younger residents.
It is those folks who need a helping hand and not a handout.
Lastly, it is fairness, honest dealing and adherence with the rule of law that protects our highly valued reputation as a good and just community.
It is purposely uncorrected misstatements, lack of proper education or explanation and the normalization of mob rule that has caused unnecessary and undeserved damage to the reputations of highly qualified, well credentialed, loyal, honest employees and officials.
The resultant mass resignations from leadership positions in the community has tossed us unwittingly into turmoil and has ushered in a level of distrust I have never witnessed here.
We will not immediately recover from these unnecessary losses.
We have moved, or have been misled, very far down a rabbit hole that should have otherwise been an enormously fruitful opportunity for us all.
It is incumbent upon us, the solid and fair citizenry of Lowhill, to recognize that change is inevitable, to prepare for it and to manage it properly for the betterment of our entire community.
Karl D. Reed
former ZHB chairman
(resigned)
Lowhill Township