Whitehall Township will hold a special meeting 7 p.m. Oct. 24 to vote on an adaptive re-use ordinance that would permit PathStone, a nonprofit housing firm, to move forward with a proposed 49-unit affordable workforce housing complex in Fullerton.

The workforce housing apartments are slated for the former Fuller Sportswear property, 215 Quarry St. The adaptive re-use zoning ordinance amendment for adaptive re-use of former nonconforming structures does not just pertain to the Quarry Street property, but to all qualified structures in every residential zoning district.

Pathstone has filed a federal Housing & Urban Development (HUD) fair housing discriminatory complaint against Whitehall Township.

PathStone first appeared before the township’s zoning board in 2014 requesting several variances to the current township code. The main variance was a township requirement of a minimum of two off-street parking spaces per unit. PathStone sought one space per unit, and the zoning board denied the request.

PathStone filed paperwork in Lehigh County Court of Common Pleas, appealing the zoning board’s decision.

Several weeks later, according to Whitehall Township Mayor Edward D. Hozza Jr., a Right To Know request was submitted to Lehigh County Department of Community & Economic Development for all records relating to all federal Community Development Block Grants (CDBG) ever awarded the township. The request was made by a Washington, D.C., law firm.

“Staffers at Lehigh County had never seen such a request for the RTK (Right To Know). At the same time, the PathStone Lehigh County Court appeal was dropped,” Hozza said.

But several days later, the township was notified PathStone was represented by Washington, D.C., law firm Relman, Dane and Colfax.

“In an effort to negotiate a settlement with PathStone, the law firm representing the township’s insurance carrier, the township solicitor and the board of commissioners developed this latest version of an adaptive re-use and multi-housing ordinance,” Hozza said. “It is very specific in what properties may utilize the adaptive re-use ordinance. I believe it is a good faith effort of the township to resolve this matter.”

Modifications to the ordinance include requiring 1.2 spaces per unit instead of 2 spaces per unit and allowing buildings vacant for three or more years that are underused, at least 50 years old and at least 5,000 square feet.

Several residents living near the 215 Quarry St. property, where PathStone’s proposed The Lofts at Fullerton Mills is to locate, expressed their views regarding parking and safety issues during several previous commissioners meeting.

Washington, D.C., Attorney Michael Allen has charged that the township permitted the “public process to be infested by the stereotypical and discriminatory views of the predominantly white neighbors surrounding the parcel.”

Commissioners bristled at the suggestion by PathStone’s legal team that the township discriminates or has racial bias regarding the issue.

Commissioners Vice President Dennis Hower, who grew up in Fullerton, said he read the letter sent by Allen, which accused the township of discrimination or racial bias.

Allen wrote, “It appears to me your clients have one last chance to salvage a win-win resolution.”

Hower said Allen’s letter also mentioned the U.S. Department of Justice may begin its own investigation into the matter.

“No one can convince me that the Township of Whitehall is racist,” Hower said.

As the Oct. 12 meeting opened, Hozza addressed concerns over postings near 16 properties that may fit the criteria regarding the pending legislation.

“Many of you are here this evening regarding zoning notification signs that were placed on either your property or a property in your neighborhood notifying you of the board of commissioners meetings this evening and on Oct. 24, 2016. The decision to post properties in the township that could be subject to the proposed adaptive re-use ordinance was made by our legal counsel, (Solicitor) Charles Fonzone, Esq., of the law firm of Gross McGinley LLP,” Hozza said.

“The postings do not mean that any property was sold and is immediately going to be redeveloped. The adaptive re-use ordinance stems from PathStone, a nonprofit entity, wishing to renovate the former Fuller Sportswear factory located at 215 Quarry St. in the Village of Fullerton into 49 workforce housing units. The township was not aware until 2016 that the project would cost between 11 and 14 million dollars and be taxable,” Hozza said.

“I want to warn the people of Whitehall Township the possibility exists that even if the ordinance passes Oct. 24, Pathstone and its Washington, D.C., legal representatives may decide to continue with federal legal action against the township. If they would succeed with their legal action, the township, with limited insurance liability coverage, would be forced to enact draconian cuts to services, raise the local property tax and, in the worst-case scenario, would need to seek state Act 47 financial distress status,” Hozza added Tuesday.

Resident Margaret Kalnas expressed concerns during the meeting.

“You’re going to get more crime,” she said, if the ordinance is approved. “That’s what you are going to get.”

Fonzone stood in the center of the meeting room and attempted to appease the crowd.

“Your comments prove a perfect case for PathStone. The statements you made are discriminatory. And the people who are going to suffer are the people in this community,” he said.

The meeting will be held at the municipal building, 3219 MacArthur Road.