Lower Towamensing Re-zoning Challenged by Wildlife Center

1 February 2004

Wildlife Center Executive Director Dan Kunkle testified unsuccessfully against the rezoning of more than 1000 acres on the Kittatinny Ridge (Blue Mountain) in Lower Towamensing Township, a few miles east of Lehigh Gap in Carbon County. The rezoning proposal was approved by the Board of Supervisors on a 2-1 vote at a meeting on December 29, 2003.

 Kunkle first testified in August before the Supervisors at a township meeting when the rezoning was first proposed. The Wildlife Center’s Kittatinny Raptor Corridor Project, initiated in 1992, is designed to raise the level of awareness of the unique values of the Kittatinny and educate local citizens and municipal officials about the value of the ridge and its surrounding lands in an effort to preserve as much of the corridor as possible.

Ray Tuthill, the owner of Blue Mountain Ski Resort, requested the rezoning. Mr. Tuthill claimed hardship for his business, noting that in order to compete with Pocono area ski resorts, he needed to build condominiums on his land adjacent to the ski area on the north slope of the Kittatinny near Little Gap, east of Palmerton and a few miles from the Wildlife Center’s Lehigh Gap Wildlife Refuge. Mr. Tuthill made no specific development proposal – instead he requested the zoning designation of Rural Conservation for his 1000-acre property on the Kittatinny be changed to Rural Recreational, allowing a variety of development opportunities that go far beyond condominium construction. 

Kunkle’s first testimony was educational in nature, explaining the value of the mountain as a wildlife habitat and dispersal corridor important for species such as the Black Bear, a raptor migration corridor, a stopover site for migrating songbirds, and a watershed for the pristine Aquashicola Creek and for the residents of Lower Towamensing Township. He spoke about fragmentation of interior forest habitat and the resulting decline in forest nesting songbird species. He also pointed out the value of the open space for recreation and its proximity to the world-famous Appalachian Trail, and its importance to the rural nature of the township, treasured by many of the township’s residents. Finally, he reminded the Supervisors that they are managing a small portion of a much larger resource, and that they have a responsibility to think beyond the borders of the township in this matter. He stated his grave concern about the cumulative effects of other developments in many township along the ridge, including proposed plans for the Alpine Rose Resort and race track in nearby Eldred Township which is opposed by the Wildlife Center and being challenged in court by the Blue Mountain Preservation Association with help from the Appalachian Trail Conference.

 Supervisor Glenn Hahn responded with his belief that the Township would benefit greatly from the tax revenues generated by the condominiums and the continued viability of the ski area. He also touted the low-skilled jobs that condominiums would provide for area residents.

 At a second hearing in December, Kunkle represented the Wildlife Center again, this time urging the Supervisors to consider the ecological, recreational, and esthetic benefits of the Kittatinny and reject the rezoning proposal. The Wildlife Center was the only environmental group to testify at the meetings.

 Finally, on December 29, the Supervisors held a third meeting at which they would vote on the proposal. Kunkle again urged them to reject the rezoning proposal and offered a compromise solution the problem. He suggested rejecting the rezoning of the 1000 acres, which could lead to single family housing and other forms of development along with condominiums, and instead use the variance procedure to allow Mr. Tuthill to build condominiums. This would allow the ski area to remain competitive, and provide the tax dollars and jobs Hahn referred to at earlier meetings. Plus it would allow the township to maintain control over other forms of development on the 1000 acres.

 Mr. Tuthill’s response was to ask if Kunkle thought it was right for the township to tell him what he could and could not do on his own property. Kunkle’s response was “Yes. I believe zoning is a legitimate tool that municipalities can use to control land use for the benefit of its citizens.” He also stated that he realized Mr. Tuthill was a local businessman who cared about the area, but that Mr. Tuthill would not live forever and some corporation “from New York or Tokyo might end up purchasing the ski area lands and they might not be concerned about the local residents and may want to maximize profits without regard for environmental values.” 

In spite of the compromise that would have met all the stated needs of the parties involved, the Supervisors voted 2-1 to approve the zoning change. Kunkle told Tuthill that the Wildlife Center would work with the ski area with development plans in order to try to minimize ecological damage and prevent future conflicts over the plans. As of this writing, no plans for condominiums or any other development have been submitted.