Despite forceful objections by three neighbors on Spear Street, Bethlehem Township Commissioners decided at their Oct. 21 meeting to allow Robert James of Allentown to replace an existing single home at the southeast corner of Fifth and Spear streets with a duplex. Commissioner Tom Nolan told protesters the development is by right permissible, meaning that it is an expressly permitted use under the zoning ordinance.

The vote was 3 to 1, with Nolan, Marty Zawarski and Phil Barnard in support. Pat Breslin voted against without explanation.

Michael Hudak was absent for the second meeting in a row.

Richard Brescia, who lives on Spear Street, questioned whether this is really a by right development. Conceding that the zoning ordinance does allow duplexes in that zoned area, he said it also mandates a balancing act. Under its express terms, township officials must "carefully control the types of housing to ensure compatibility with existing homes." He denied that a duplex is compatible with the existing homes in that neighborhood.

Joining in that argument were two of Brescia's Spear Street neighbors, Charles Milositz and Joe Stofanak. They said the nearest duplex is a mile away. "It just doesn't fit," said Milositz.

These neighbors concede that they failed to appear or object when this matter was considered by the Planning Commission. They have no plans to sue.

After the meeting, Phil Barnard said, "We were kind of handcuffed." During the meeting, Nolan had warned, "We have to uphold our ordinances."

In other business, commissioners got an earful from a frustrated Anthony Billone. He told commissioners that his father's home, located on Farmersville Road directly across the street by Deja Vu Kennel, is being treated as both a parking lot and bathroom stop for the pets. Customers even park in and block his father's driveway. When he's called the police, he's been told it's a zoning issue. When he's called zoning, he's told to call the police.

Deja Vu Kennel is exempt from the zoning requirements of off-street parking because it existed before the ordinance went into effect. But that's no consolation to Billone. "We can't get in and out of our own driveway," he complained.

"No trespassing" signs placed by his father and himself are quickly torn down.

Nathan Jones, Bethlehem Township's new planning director, said some type of enforcement action is being pondered, and would call Billone with an answer the next day.

In addition to dealing with unhappy neighbors, commissioners voted 4-0 in support of an amendment to the township's Subdivision and Land Development Ordinance that will require owners to bear the costs of street lighting in future non-residential development.

They also authorized their solicitor, John Harrison, to intervene in the Federal Energy Regulatory Commission's pre-application hearing with respect to the PennEast Pipeline. That pipeline is currently scheduled to slice through the eastern portion of the township.

Harrison said it is currently too early to intervene. The motion gives him the authority to do so when the time is right. He added that intervention does not mean that the township is taking sides, either in support of or against the pipeline. For now, it is acting as an observer.