After a hiatus of several months during the election season, plans to develop Green Pond Marsh into an active senior community are once again on the table. Planning commissioners have already granted waivers and deferrals once, and had no problem doing so again at their Jan.25 meeting after being subjected to a good cop, bad cop routine.

This project is the brainchild of developer Traditions of America (TOA), which specializes in building 55-plus neighborhoods. TOA was first started by J.B. Reilly, who is developing the lion’s share of projects within Allentown’s controversial Neighborhood Improvement Zone (NIZ). He still maintains a financial interest in the company. David Biddison, a partner and TOA’s Director of Operations, made the presentation.

He was the good cop.

Originally proposed as a 256-home retirement community, the plan has been highly controversial because of its location at Green Pond Marsh. During numerous crowded meetings over the past year, many residents were concerned about the 180 different bird species that have been documented in wetlands so rare that the Audubon Society designated them an “Important Bird Area.” Others worried about increased traffic on back country roads. Still others complained about storm waters, a major problem in Bethlehem Township and a sore spot with many residents.

Biddision originally insisted that only 27,000 square feet directly across Farmersville Road from the pond has actually been delineated as a “wetland.” But the U.S. Army Corps of Engineers and Pa. Department of Environmental Protection visited the site and determined the wetlands actually make up nearly five acres of this 68-acre parcel.

That determination was obviously a setback for TOA. In the meantime, “Save Green Pond” signs began appearing all over the township. This drew the ire of Planning Commissioner Les Walker, who called the signs “ridiculous.” He called opponents NIMBYs (not in my back yard).

Les Walker would soon see many more “Save Green Pond” signs as Malissa Davis ran on that theme and was elected to the township’s board of commissioners, along with Democrat Kin Jenkins. Republican Commissioner Tom Nolan had already declared himself against the development, calling it a “poor plan” at a “terrible location.”

But instead of cutting its losses, TOA has doubled down with a revised and much kinder, gentler plan.

Good cop Biddison said he was receptive to some of the concerns raised, and presented a plan that reduces the density of the development, increases the amount of open space and buffers the wetlands area. The number of homes will decrease from 261 to 229, while the traffic from the development itself should be reduced from 541 to 481 trips per day. Open space is expanded from 22 to 29 acres, and 18 of those acres will be true open space, independent of any storm water management. Buffering of at least 50 feet will surround the wetlands. Planning Commissioner Les Walters said most of the buffer is actually 100 feet or more feet wide. The closest any home will be to the wetlands in 309.’ This revised plan will also contain 4.5 acres less of impervious coverage, and this should reduce storm waters.

Biddison said the township would also benefit form of a $343,500 recreation fee, $250,000 in annual property taxes and $500,000 in realty transfer taxes. The school district would also receive $1.9 million in taxes from a development with no children.

He wrapped things up by noting that, in addition to protecting the marsh, this plan would save the contiguous Green Pond Golf course.

Next it was the bad cop’s turn.

That would be Graham Simmons, an attorney at the Norris McLaughin law firm. That firm happen to be involved in numerous boards and authorities that dole out public money in Northampton and Lehigh counties. It also represents John Daub, president of Green Pond Country Club, who was absent because, as Simmons explained, Daub winters in Arizona.

Simmons said his client Daub is one of 24 stockholders, most of whom have no ties to Bethlehem Township or the Lehigh Valley. They want a return on their investment. Simmons explained they have two options; They can develop Green Pond Marsh and save the golf course. Or they can sell everything, including the golf course, for residential development that he claims is permitted by right. “The decision has already been made if TOA is unable to process its plans,” he threatened.

But can’t that happen anyway? It is unclear whether approval of a golf course development would prevent the golf course itself from ever being sold off for development. There is language in the zoning ordinance creating a planned residential golf course community suggesting that any adjoining golf course must be preserved as open space.

Though the room was packed and included four of the township’s five commissioners, there were few questions or observations.

Jack Glagola, perhaps the most formidable opponent of the Green Pond Marsh development, chose to listen, as did his wife.

Poet Matt Wolf, who is also an information technician at the Bethlehem Area Public Library, condemned the revised plan, saying a home less than a football field away from these migratory birds would scare them off. He also complained that the buffer is too small. “Whenever development comes in, nature loses,” echoed Robert Adams.

But Mike Ryan, who lives near the site and calls himself “just a guy with a home right at the edge,” complimented TOA’s Biddison. He indicated that TOA reached out to him about plans as they’ve progressed. “This is a better option than a redefined golf course,” he concluded.

Distinguished environmental Attorney Tom Elliott, who himself is Bethlehem Township’s former solicitor, represents the Save Green Pond coalition. Instead of raising environmental concerns, he is concerned that there are now two competing plans in play by TOA when zoning law only permits one at a time. He also indicated that the township zoning ordinance requires direct access to the golf course, a point disputed by current Solicitor Wendy Nicolosi of the Broughal law firm.

His points were also disputed by planning commissioners. “I don’t know anybody who would want to lug a bag of golf clubs from one of the houses,” said John Daley, adding that access is by car. Les Walker wanted Elliott to identify the members of the coalition that he represents, but he politely refused.

Planning Chair Lee Snover abstained from voting on the waivers and deferrals because, as she has explained in the past, she is friendly with J.B. Reilly and her family has at times had a business relationship with him. She also pointed out that no plan will be approved until traffic, environmental and storm water studies are complete.