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ATTORNEYS AT LAW
44 EAST BROAD STREET
SUITE 210
BETHLEHEM, PENNSYLVANIA 18018
DiruABnI. cawtei: th
RICHARD E SANTEE, JR
TELEPHONE *
(610)' 691-7000
michaelKELHART
JOANNE p. shay December
UeCeiXlDer 8O, 2017
ZU1/ .http^/www.ssk-law.com
fax (610)691-3529
RICHARD E SANTEE
At the second hearing on November 30,2017, it was announced that the record in
this zoning appeal would remain open for deliberations and the announcement of the
Decision of the Zoning Hearing Board on Tuesday, December 12,2017. Since the record
is still open, and a Decision has not yet been rendered, Iwould like the opportunity to
present a motion atthe hearing on December 12,2017, prior to the deliberations of the
Zoning Hearing Board. The Motion would be to strike the testimony of Darlene L.
Heller, Director of Planning and Zoning, near the conclusion of the hearingon
November 30, 2017, and to have the ZoningHearing Boarddisregard her testimony.
Clearly, Darlene Heller did not qualify for standing as a person affected by the
application or a civic or community organization. Although the Code provides that the
"Municipality" is a party, Darlene Heller does not qualify as a "Municipality". Clearly,
the City of Bethlehem, or City Council, could have had itsSolicitor appear on behalf of
the City as a party at the zoning hearings. Although it would be highly unusual for the
City as a municipality to encourage the Zoning Hearing Board to disregard its own
zoning ordinance, and the interests of affected citizens, the Pennsylvania Municipalities
Planning Code would have permitted that participation by a Solicitor on behalf of the
City. Although Darlene Heller is not an attorney, she was attempting to make legal
arguments in support of the zoning appeal. Clearly, that was improper.
Michael P. Shay
MPS/tlk
cc: Seth Tipton, Esq. Via Email: stipton@fpsflawfirm.com
Suzanne Borzak, Zoning Officer Via Email: sborzak@bethlehem-pa.gov
Ms. Mary Toulouse Via Email: touIousm@lafayette.edu
toulousm@gmail.com
Ms. Christine Roysdon Via Email: cmroysdon@gmail.com