Whitehall Township Zoning Hearing Board, at a July 18 session, upheld the township’s new adaptive reuse legislation regarding converting vacant commercial structures into affordable housing units.

The board’s action struck down an appeal by PVC Third St. L.P. and Quarry St. Whitehall Development L.P. - two entities owned by Bethlehem Township developer Abe Atiyeh - challenging the validity of the ordinance, specifically the parking study.

The zoning board’s voting procedure at this session was different, perhaps the first for its members. Chairman Lee Christman, not present in the meeting room, presided over the vote via telephone. None of the parties objected to Christman not being present in the meeting room of the municipal building. His words amplified throughout the room as he conducted a roll-call vote by the members.

Each of the five members, including Christman, voted to uphold the new zoning law, rebuffing Atiyeh, who contended the new ordinance is a violation of the state’s municipal planning code that determines how local governments, such as Whitehall, can regulate land use.

Zoning board Solicitor William Fries said Christman and the other four voting members were present at the two previous hearings when testimony was given, and each member had received briefs from the parties outlying their positions.

There were no comments or statements made by the board regarding the vote.

Several residents of Quarry Street, where Atiyeh has proposed affordable housing units in a former garment factory, attended the meeting, but did not speak, and left immediately after the vote was taken.

The zoning board’s ruling now allows Pathstone Housing Corp. of Pennsylvania to proceed with converting the long-idled Fuller Sportswear, at 215 Quarry St., Fullerton, into 49 low- and moderate-income apartments. Pathstone has title to the structure.

Atiyeh owns two other properties in the area, 212 Quarry St. and 855 Third St.

Under this adaptive reuse ordinance, passed by the township commissioners in December 2016, developers can convert 50-year-old commercial structures into low- and moderate-income apartments, with as few as 1.2 off-street parking spaces for each unit.

Affordable housing qualifications are for persons with a $29,940 or less annual salary or a family of four earning $42,270 or less.

Before the December vote, Pathstone’s lawyer had turned to the federal government, alleging discrimination by the township against the nonprofit organization. In December, the township settled a dispute with the U.S. Department of Housing and Development and paid fines totaling $350,000.