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Developer attorney Alleges Allen Township Conspired to reject Warehouse development

Photo by Glenn Koehler

National Museum of Industrial History announces groundbreaking Of 17,000-square-foot Outdoor expansion Submitted by GLENN KOEHLER The National Museum of Industrial History (NMIH) has broken ground on an outdoor park that will nearly double the museum's available space to educate the public about the country's industrial past. The park, part of a $275,000 project, will reimagine 17,000 square feet of the museum's property into a new area where visitors can see working machines and follow in the footsteps of generations of workers and inventors. Utilizing actual industrial machinery from Bethlehem Steel and beyond, the park will show the process of transforming raw materials into

finished products and highlight innovations in industry. "We're very excited about this project. Being able to break ground on a significant new part of the museum, despite all of the hardships this year has brought, is a silver lining during a tough time," said Kara Mohsinger, President and CEO of the museum. "We just celebrated the fourth anniversary of the museum and this is a perfect way to kick off our fifth year. This new park will allow us to bring even more history to life, host additional workshops and programs, and offer more artifact demonstrations than ever before." Construction on the park is ex-

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pected to last approximately two months. Several large-scale artifacts will be installed in the park, including a number of original Bethlehem Steel machines. An electric arc furnace, a miniature basic oxygen furnace, a 10-ton ladle, and a rare ingot mold all donated by Lehigh University were once used at Bethlehem Steel's Homer Research Labs, the current home of Lehigh's Mountaintop Campus. An 11-foottall Bement, Miles & Co. steam hammer dating to 1887 and a Wellman Engineering Co. charging machine, the last of its kind in the country, are both original to the plant and will be restored to operational status. A 1941 Whitcomb diesel-electric locomotive has already been installed and restored to working condition on a narrow-gauge track in the future park area. The two furnaces are the only on public display in the northeast United States and will be situated with the locomotive and charging machine to approximate how Continued on page 8

By KERI LINDENMUTH During their meeting on Tuesday, August 11, the Allen Township Board of Supervisors heard the opening arguments in an appeal case that stemmed from the rejection of a development plan in 2018. Jamie Kratz, attorney for Kay Krapf of K & H Development, alleged that township manager Ilene Eckhart, former township engineer Robert Cox, township solicitor Lincoln Treadwell, and former board of supervisors chairman Larry Oberly “conspired” to reject plans for a 40,000 square foot industrial flex property on Savage Road. The township engineer, argued Kratz, drafted a plan review letter in December 2018 that prompted Eckhart to reject the plan based on “stormwater deficiencies.” Kratz said the rejection was unlawful, as preliminary plan submissions do not have to be “100 percent compliant” when it comes to stormwater management in order for them to move forward to the township’s planning commission. Kratz named several township professionals in his opening argument, implicating all of them in an alleged conspiracy. The biggest player was former board of supervisors chairman Oberly, he said. Oberly was against the development because it sat across from his home. After running a campaign against development and ultimately winning, Kratz said Oberly worked with the board to rezone township land. One of the parcels rezoned following a motion in 2018 was the Krapf property, changing it from an industrial zone to a residential zone. All rezoning went into effect on Jan. 1, 2019, a month after the township’s “unlawful” rejection of the industrial development. “The board [of supervisors] needs to wake up here,” Kratz said. “[They] have been misguided.” He further threatened a possible civil rights lawsuit.

John Mahoney is representing the township in this appeal case. He argued that the plan was never rejected because what was submitted to Cox in 2018 was an “application” for a land development plan, not the plan itself. It was “so inadequate” the engineer and township did not feel it ready to be seen by the planning commission. It was missing topographical data and soil testing. After the rejection, the township returned the developer’s application fee. “A novice engineer would have made the same decision,” Mahoney said. He also stressed that Oberly never got to see the plan because it was rejected before it made it to the board. He further added that Oberly recused himself from the zoning amendment vote in 2018, though he did not have to under the law. “Even though you advocate a position in a campaign, you do not have to recuse [yourself ],” Mahoney said. “But he did.” It will be left up to the board of supervisors, represented by their own independent attorney Tom Dinklelacker, to determine whether the Krapf plan was unlawfully rejected. What they will have to ultimately decide on is whether the rejection letter drafted by Cox was a “determination” or a “report.” A determination is a final action by an officer or party that would make the rejection lawful. A report is simply “guidance.” Kratz said the rejection letter was a report, and his stance is supported by retired judge Emil Giordano. He was an independent judge who heard evidence in the case in 2019. He recomContinued on page 8

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