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School district files curative amendment; board appoints special counsel and notes recusal

Lower Nazareth Township Board of Supervisors · May 27, 2026

Summary

Nazareth Area School District filed a curative amendment seeking preemption claims and on‑lot sewer consideration; the board set hearings to begin Sept. 15, appointed Matthew Deschler as special counsel for litigation defense, and recorded Supervisor Stephen A. Brown's abstention due to employment with the district.

The board confirmed receipt of a curative amendment application from the Nazareth Area School District (NASD), submitted through their counsel Julie Burkart. Solicitor Gary Asteak summarized the district's position: it claims school‑district preemption of local zoning and argues public‑sewer requirements should not apply if an on‑lot system is appropriate. NASD waived the 60‑day waiting period and requested hearings beginning September 15; the board authorized the extension and scheduling of hearing(s) for that date (motion passed; S. Brown abstained).

Because the matter could require litigation to defend the township zoning ordinance under the Municipalities Planning Code, the board voted to retain special counsel for litigation and appointed Matthew Deschler, Esq., at the solicitor's litigation hourly rate (motion passed 4–0; S. Brown abstained). Solicitor Asteak also advised the board to secure a larger venue if attendance warrants; staff were directed to prepare the garage area as an overflow if needed.

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