88th in a series of posts on 2 W. Market St

Gadfly has lost count. But there was another 4hr meeting of the Zoning Hearing Board last week on the challenge to the validity of a text amendment to the “storefront”  ordinance originally intended to apply to properties like the one on the left but benefiting 2 W. Market on the right — an ordinance passed by a Council, in Gadfly’s opinion, not in its best hour.

This is the 88th post on the long history over the controversy of the zoning on 2 W. Market, and followers can refresh themselves on that history by clicking the link on the Gadfly sidebar.

Gadfly loves examples of citizen participation, of which there were several at this meeting, and he invites you here to both learn about the issues surrounding 2 W. Market and to enjoy a model of good citizenship through the testimony of Paige Van Wirt.

How does this zoning amendment impair or impede the residential character of the neighborhood? (3 mins.)

• “There’s no families in this business to watch little kids on the street, there’s nobody to see that somebody fell down on the corner.”

What are your concerns given that this property is on the edge of a commercial district? (1 min.)

• “Now this neighborhood is struggling to come back and have a full residential character to it. Any conversion . . . of a previously healthy residential home . . . is going to erode the fabric of my neighborhood.”

Do you have concerns about commercial creep? (1 min.)

• “This does give a signal that our neighborhood’s zoning is not a wall.”

Will this amendment erode the reliability of the zoning ordinance? (1 min.)

• “As a homeowner . . . I would be much less inclined to buy a property on this block if I felt there were going to be more commercial/residential flips.”

Describe the importance of drafting the memo to the City Planning Director asking for more data? (2 mins.)

• “My concern was that there was no impact study done by the City. . . . that we were asked at City Council to adopt an ordinance where there had been no data and research done.”

Does the amendment support the general health, safety, and welfare of the residents of Bethlehem? (1 min.)

• “I understand why this is in the best interests of Quadrant, I get it, they did a great job on the building, but it doesn’t pass the litmus test of being in the best interest of the City, and that’s fundamentally what City Council is here as a representative body of the citizens of Bethlehem to do.”

Interesting material came out as Van Wirt parried with one of the attorneys under cross-examination. (9 mins.)

• “This is a border neighborhood. . . . You’re not going to go six blocks in to the middle of Wall St. to try to set up a business there.”

Are you familiar with uses of the properties on your block? (1 min.)

• “If this amendment could be so broadly applied that it would affect my own home, it made me understand the potential impact this would have on the rest of the City.”

Why did you wait so long before requesting data from the City? (2 mins.)

• “Call me naive, but I never thought it would get that far. Once it was apparent that there was enough people on Council considering voting for it, that’s when I said, O, my God, I’ve got to show them, I’ve got to prove to Council why this is not in the best interest of the health, safety, and welfare of the citizens of Bethlehem. . . . That’s my job”

The hearing board will convene again December 11 to continue consideration of this case.

87th in a series of posts on 2 W. Market St

Note: The Zoning Board Hearing tonight is at Southside campus Northampton Community College, room 605.

The latest chapter in the 2 W. Market case unfolds tonight.

Posts on this recent phase of a controversy that is almost as long as our national involvement in the Middle East wars begin at post #80. Click on the sidebar link if you want to refresh or catch up.

Let’s call it the Neighbors v. the Marketers.

The Neighbors are challenging the validity of a text amendment favoring the Marketers.

The Neighbors are in process of re-introducing witnesses (Gadfly testified last time) from at least 4 major Planning Commission and City Council meetings, re-introducing them under oath so that they can be cross-examined.

The neighbors have about 17 witnesses to put on as well as a few “expert” witnesses. Since the last meeting was dominated time-wise with testimony of the City Planning Director, only three other witnesses were put on.

The ZHB goal is for the Neighbors to finish their case tonight, but one wonders how that will happen given how slow past testimony has gone.

Gadfly suggests turning the heat off in the NCC classroom in order to move things along.

The ZHB members were visibly impatient last time, which does not seem to bode well for the Neighbors’ case.

For those closely following the legal arguments, here is the Neighbor’s attorney outlining at the last meeting the 9 issues that form the basis for the validity challenge of the ordinance.

Now that last meeting was 4 hours long, and Gadfly reported from the equally long meeting before it that one aspect of the Marketers’s position was “what led up to the text amendment approved by Council doesn’t matter. All that matters is the amendment itself, and the effect it has or will have. The basis of Council’s approval does not count, only the fact of that approval embodied in the text amendment itself. The Zoning Hearing Board should not look backward, only forward.”

This position feels very strange to Gadfly, but at the last meeting it was validated based on a 2009 case that Gadfly could not catch the name of.

The basis on which the Council made its decision, what the motives of Council were, what was in the minds of Council — do not count.

Hear discussion of this point between the Board solicitor and the Neighbor’s attorney at the last meeting:

The state of mind of the Council members who voted for the text amendment does not matter.

Ugh.

For this was not — in Gadfly’s opinion — Council’s finest hour. Councilman Martell is not here any longer, so let’s skip him. But Councilman Callahan disputed the validity of the Zoning map itself and cozied up to the Marketer. Councilman Reynolds was impatient with the proceedings and made the famous remark that people who didn’t want commercial nearby should move to the townships. And President Waldron gave no reason at all.

Aiiii — Gadfly remembers well feeling that the “yes” votes were all flawed.

But that doesn’t matter legally.

The challenge has to be based on what they approved not why or on what basis.

Ugh.

Now another issue, related but somehow different, still seems in play.

Remember there was a question before Council about how many other properties would be affected by the text amendment.

The idea was that a decision shouldn’t be made till that was determined.

The Marketers presented a study involving 8 properties, the City did one on 140 properties.

The City study did not become available till the morning of the Council meeting, and Councilwoman Van Wirt reasonably moved to delay a decision to provide time to study the study.

That motion was denied. And the vote approving the text amendment was taken.

Whether that’s a flaw in the approval process (which it sure sounds like it should be) seems to be still in play.

Onward — Gadfly will report on tonight’s doin’s.

Gadfly hopes someone will go to the first tax hearing tonight or watch it live and post thoughts.

85th in a series of posts on 2 W. Market St.

Gadfly is fond of saying that the sound of voices at the public comment spaces of City Council meeting is democracy in action.

The quintessence of the respect for the concerned common citizen that he has high-lighted on his “About” page of the Norman Rockwell image of a small town as the lens through which he looks at his ideal Bethlehem.

Norman Rockwell, Freedom of Speech

Claiming your 5 minutes at public comment, though, is different than testifying at a “trial.”

Facing President Waldron’s usually merciful soft gavel is different than facing smile-less lawyers schooled in “gotchas.”

But sometimes you have to go to trial.

Trials are “Democracy in Action.2.”

The Zoning Hearing Board meeting last night on the 2 W. Market case was trial-like.

Witnesses take an oath, lawyers cross-examine.

But “Neighborhoods are worth fighting for,” as Gadfly titled a recent post.

So you do what y’gotta do.

Last night Mary Toulouse, Frank Mayberry, and Gadfly testified.

Mary Toulouse:

Afterwards, Mary noted to Gadfly the following: “I made 2 points but forgot the most important one. It is true, 1) the petitioner should have respected the zoning ordinance, he knew it was only residential when he bought it. (2) He moved his business from Broad Street. Broad Street needs good businesses, neighborhoods need good residents. But for me, the zoning ordinance for residents is not just a law, it is a COVENANT where residents invest their time, talents, and life savings as well as making it their home in that area. It is the City’s responsibility to respect and protect that.

Frank Mayberry:

Fine models of resident participation here by Mary and Frank.

Mercifully, Gadfly — who is very shy, shuns limelight, doesn’t think well on his feet — can not yet figure out how to do a video-selfie, so you are spared seeing him. But here is the audio.

Gadfly’s message to followers is that if he can do it, you can too.

Last night’s meeting was 4 hrs. again. It did not reach climax. The case has been continued till November 12 at 6PM. at which time the Board hopes to conclude testimony and hear closing arguments. Stay tuned for 1-2 more posts on last night’s proceedings.

84th in a series of posts on 2 W. Market St.

2 W. Market is one of Gadfly’s marathon threads.

Look at that — this is post #84!

For a refresher on the very latest chapter in what is a 5-6 year controversy, start at post #80 in the thread for 2 W. Market on the sidebar.

In briefest of brief summary: “The owners of 2 W. Market in the residential Northside historical district want to use a house that they have fixed up at considerable expense as an office. A group of homeowner neighbors object. There is a long history of ping-ponging adjudications ultimately going against the “2 Westers.” But in the most recent our City Council approved their petition, and our Zoning Hearing Board approved as well. A group of neighbors has appealed.”

There is another hearing before the Zoning Hearing Board Thursday, 6PM, Town Hall. It should be televised live as well on the Bethlehem DCED youtube channel.

This is a very interesting case. It has brought out significant testimony on each side. There have been many, many of the good voices Gadfly loves. Gadfly has covered the testimony in deep detail — with video and audio, charts of pro and con, you name it, that all can be found in the archives of this thread.

Gadfly has urged the significance of this case for all our neighborhoods — it’s a case to which attention should be paid.

Because of that widespread relevance and significance, Gadfly has urged and urges now for residents from all over the City to turn out and give witness to the need for a fair decision.

Gadfly, after long and careful weighing of arguments as detailed in his post archive, took a position — a position in favor of the neighbors in opposition to the owners of 2 W. Market.

He testified three times.

You might be interested and can find that excerpted testimony from his three appearances here:

Ed Gallagher Testimony on 2 W. Market St.

He will testify again Thursday night.

Your thoughts for or against his position always welcome!