Editor’s note: This is the first in a series of stories examining issues from 2017, to be published now through Saturday.

By Judy Dolgos-Kramer

jkramer@tnonline.com

Another year is coming to a close and Atlantic Wind is no closer to building wind turbines along the ridges of the Bethlehem Water Authority property in Penn Forest Township than it was last year at this time.

Three lawsuits are pending in the matter.

Atlantic Wind, a subsidiary of Iberdrola LLC, has had its application for a special exception zoning approval denied by the Penn Forest Township Zoning Hearing Board in what has become a somewhat convoluted and complex series of events.

They received approval from the Penn Forest Supervisors to place meteorological towers in the township in June 2013 to determine if the area would be a good place for a wind farm.

On April 1, 2016, Atlantic Wind moved on to file for a special exception permit to construct up to 37 wind turbines on property it is leasing from the Bethlehem Water Authority.

The application states that the wind turbines could be as high as 525 feet with a width of 300 feet.

A special exception is reserved for a use that is permitted by ordinance, but requires the applicant to prove that the use will meet the standards set forth in the ordinance.

Hearings

Hearings on the application began in May of 2016. More than 200 residents showed up at each of the six hearings that took place. Residents Phillip Malitsch and Christopher Mangold were granted objector status by the zoning hearing board due to the proximity of their properties to the project.

Atlantic Wind presented three witnesses and completed its presentation before the board.

The objectors called numerous witnesses and were still presenting their objections when on Sept. 16, 2016, Atlantic Wind refused to attend further hearings due to its attorney’s concern for the safety of herself and Atlantic Wind’s employees and witnesses.

Atlantic Wind filed a suit in Carbon County Court of Common Pleas, requesting that the court appoint an independent hearing officer to replace the zoning hearing board and that the court also order a change in venue to a safer location, preferable the Carbon County Courthouse.

After hearing oral arguments and reviewing briefs on the matter, Judge Steven R. Serfass ruled in favor of the zoning hearing board, denying Atlantic Wind’s requests and lifting the stay on the proceedings.

Atlantic Wind filed an appeal to the Commonwealth Court in Harrisburg. The appeal is pending at this time. The court clerk will be scheduling oral arguments soon to review Judge Serfass’ ruling.

More filings

In the meantime, Atlantic Wind filed a notice of Deemed Approval of its application on May 5, 2017, claiming that the zoning hearing board had not reconvened the hearings within the amount of time permitted by the Municipal Planning Code following Serfass’ ruling on Atlantic Wind’s request.

The zoning hearing board did meet on May 17, at which time Atlantic Wind refused to attend, rather claiming that it had in fact already received an approval as a result of inaction by the board.

At the May 17 hearing, the zoning board heard testimony from the objectors’ final witness and rendered its decision.

The hearing board denied Atlantic Wind’s application.

Atlantic Wind has since filed a second complaint in Carbon County requesting permission to have additional hearings to allow it to present additional witnesses and rebuttal witnesses before the hearing board.

The move is to protect Atlantic Wind in case the deemed approval does not hold up in court.

Atlantic Wind has also filed a Motion to Strike the Zoning Hearing Board’s decision to deny the application.

The objectors in the matter have filed a petition before Judge Serfass requesting an appeal and determination of the validity of Atlantic Wind’s claim of a “deemed approval” of the application. Serfass heard oral arguments in court on Aug. 22 on the objector’s petition. No decision has been filed.

There are a number of interested parties to each of these matters pending before the courts.

There is an oral argument scheduled before Serfass on Feb. 12 to determine who will be permitted to intervene in the cases pending in his court.

Penn Forest Township has requested to be included as a party, as has the zoning hearing board, which is not permitted to appeal the deemed approval under the municipal planning code.

Meanwhile residents continue to raise money to fight the project and the “Say No to the Bethlehem Watershed Wind Farm Project!” Facebook page remains active.