Carbon County Judge Steven R. Serfass has denied Atlantic Wind's request to appoint an independent hearing officer.

In September, after five public hearings before the Penn Forest Township zoning hearing board, Atlantic Wind filed a complaint in the Carbon County Court of Common Pleas requesting a stay in the proceedings, a change in the venue for the hearings and for the appointment of an independent hearing officer to replace the zoning hearing board.The main objection stated by Atlantic Wind in its complaint was that the location of the hearings had become unsafe for the attendees. All five hearings had been held at the Penn Forest Volunteer Fire Company No. 1, the only venue in Penn Forest Township big enough to accommodate the large number of attendees.Atlantic Wind cited a number of incidents from which they had concluded that its witnesses, counsel, employees and members of the zoning hearing board would not be safe if the hearings were to continue to be held at the fire hall.Atlantic Wind filed a special exception application to build 37 industrial wind turbines on property owned by the Bethlehem Water Authority. The property is located within Penn Forest Township.Zoning hearing board counsel Matt Rapa had argued that the court had no jurisdiction to take the matter out of the hands of the hearing board, and Serfass agreed in an opinion dated Feb. 17."The Commonwealth Court of Pennsylvania has long recognized that interference with the actions of a municipal body is to be undertaken only in extremely limited circumstances," Serfass said, quoting from Prin v. Counsel of Municipality of Monroeville.Serfass also relied on the Municipal Planning Code, which grants the authority to appoint an independent hearing officer to the zoning hearing board."While Atlantic Wind filed its special exception application with the (zoning hearing board), it has failed to exhaust this exclusive statutory remedy, claiming that the remedy is not adequate," Serfass wrote.Serfass said the remedy requested by Atlantic Wind lay with the hearing board and not the court.Serfass lifted the stay on the proceedings, permitting the township to move ahead with scheduling the remaining hearings.Serfass noted that the zoning board's solicitor had stated that the board had no objection to Atlantic Wind's request that future hearings be held at the Carbon County Courthouse. Serfass said he would entertain a written agreement from the parties, which requested that future hearings be moved to the courthouse and coordinated with the court, the Carbon County Sheriff's Department and the county commissioners' office.Avangrid Renewable Director of Communications Art Sasse issued a statement on behalf of Atlantic Wind in response to the court's decision. Atlantic Wind is a wholly owned subsidiary of Avangrid."Since our goal is to provide a safe hearing for all involved and try to further shield the government's decision makers from additional threats of violence, we are heartened by the court's suggestion that the hearings may be accommodated in a safe venue like the Carbon County Courthouse."The Times News was unable to reach Rapa for comment.Audrey Wargo, chairwoman of the Penn Forest Township zoning hearing board, said the members of the board are awaiting Rapa's direction on what happens next."We as a board have absolutely no authority to move the hearing," Wargo said. "I emailed Matt and I am waiting to hear back from him on who will be responsible for making that happen."Wargo pointed out that the members of the board are volunteers with full-time employment outside of the hearing board."I can't just leave my day job for hearing board business," Wargo said. "I will gladly meet with everyone any evening so we can proceed with this matter."