Groups Appeal Car Track's Approval
Court challenge faults developer, says Eldred laws don't protect trail.

By Chris Parker Of The Morning Call

December 12, 2002

Two environmental groups have teamed up to file a Monroe County Court challenge to Eldred Township supervisors' conditional approval of a 360-acre high-end sports car driving track near the Appalachian Trail.

The Blue Mountain Preservation Association and the Appalachian Trail Conference filed appeals of the decision, arguing that developer Richard Muller Jr. of Berks County failed to give township officials complete, adequate plans and failed to comply with local ordinances. The appeals also argue that the ordinances fail to protect the trail.

Muller wants to build a ''country club for sports car enthusiasts'' that would include a three-mile-long, 40-foot-wide track with turns and elevation changes. The project also would include a self-service gas station and car wash, a garage for minor service and recreation areas.

Eldred supervisors approved Muller's plan on Nov. 6 but attached conditions that limit noise to 5 decibels and prohibit racing.

The environmental groups appealed earlier this month. ''We never wanted to deny the developer due process,'' said Blue Mountain Preservation Association President Ilene Eckhart. ''But there are issues with the location - it's proximity to the Appalachian Trail - that make it the most inappropriate site for this project. So we are taking those matters up with the court to determine if our theory is correct.''

Supervisor Chairman Tracy D. Brotzman said his board was complying with the law when it granted conditional approval to Alpine Rose Resorts.

''In my opinion, they think regardless of what the says, we've got to automatically reject this,'' Brotzman said. ''The law doesn't work like that. If the developer has his I's dotted and his T's crossed, by law you have got to pass that. If you don't, they can turn around and sue you.'' Further, Brotzman said, ''I'm a firm believer that you have the right to do with your property what you want to do, as long as you comply with the law.''

Muller, who said the appeals are based on ''inaccurate and unfounded'' arguments, said the groups have the right to take their opposition to court. ''This is part of the free society in which we live,'' he said. ''They didn't like the supervisors' decision, and they have the right to appeal it.''

The appeals argue that on Oct. 16 the groups challenged township land use ordinances they believe violate the 1978 Pennsylvania Appalachian Trail Act. The legislation empowers municipalities through which the trail passes to ''preserve the natural, scenic, historic and aesthetic value of the trail and to conserve and maintain it as a public natural resource.''

Also on Oct. 16, supervisors agreed to not consider the challenge, saying the township had no jurisdiction to do so and that the challenge was ''premature ... in that no land use or development has yet been permitted upon the application of Alpine Rose.''

The groups want the court to invalidate the land use rules they say fail to protect the trail as defined in the Pennsylvania Appalachian Trail Act. They also ask the court to nullify ''any action by Eldred Township to approve the land development proposed by Alpine Rose Resorts Inc.''

Muller has hired former state Lt. Gov. Mark Singel to help get more than $2 million in tax abatements, grants and loans for the project. Singel heads Gov.-elect Ed Rendell's transition team.

Muller also has promised Kunkletown Volunteer Fire Company $4,000 for a device to help extricate trapped car crash victims and promised thousands more after the resort opens.

Supervisors recently appointed fire company Assistant Chief Kevin Silliman to serve the remaining year of former Supervisor Steve Borger's term. Borger quit Oct. 16.

Supervisors expect to consider final approval of Alpine Rose in January.

This article reprinted from the Allentown Morning Call at http://www.mcall.com/
Click here to read more about the Alpine Rose Resort.
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