On July 22nd 2003, Judge Vican of the Court of Common Pleas, Monroe County 43rd Judicial District, handed down a resounding victory for the members of the Blue Mountain Preservation Association, the Appalachian Trail Conference and citizens of Eldred Township.
In his order, Judge Vican reversed the preliminary plan approval given to Alpine Rose Resorts Inc. for the following reasons:
- “Failure to adequately evaluate the increase in vehicular traffic and the ability of the existing road system to accommodate traffic increases.”
The developer neglected to provide a traffic impact study detailing the ability of the surrounding roads to handle the volume of vehicular traffic in the area approaching its lot.
- “Failure to adequately evaluate the effect of noise and air pollution created by the increase in vehicular traffic on neighboring residences and the Appalachian Trial.”
The developer did not provide noise and air pollution studies that detail the increases of noise and air pollution related to the increases in vehicular traffic.
- “Failure to adequately evaluate the need for increased police and fire protection.”
According to Judge Vican “…this project will create a great increase in vehicular traffic to the area. There is no doubt that additional police will be needed to monitor the flow of traffic in and out of the facility, as well as neighboring roads.”
Currently the area is serviced by the local State Police Barracks which has jurisdiction over 7 townships with limited personnel. Emergency Medical Services are provided by a regional, volunteer service and fire protection comes from the local Kunkletown Volunteer Fire Company
In essence, despite more than 13 years of planning this developer has been unable to produce an adequate preliminary plan.
Members of Blue Mountain Preservation Association , Inc are optimistic that the developer will be unable to satisfy the conditions for preliminary plan approval. The developer will find it exceptionally expensive to honor conditions placed upon him by the court.
Media Contact: Frank O’Donnell President BMPA 610 381 3051