A simple issue dominated the Lower Towamensing zoning hearing Tuesday night for the proposed Blue Mountain Ski Area expansion to include condominiums and a hotel.

The issue was whether or not the Appalachian Trail Conservancy would be permitted to be a party in the hearing. After several hours, the zoning board decided the conservancy didn't have standing, and continued the hearing on the variances.Donald Miles, a Bethlehem attorney representing the conservancy told the board that the conservancy is under a contract with the National Park Service and the Pennsylvania Game Commission to work in the best interests of the Appalachian Trail, whether that is maintenance or attending a hearing to represent the trail.Both agencies own portions of the trail or have legal easements. In this case, a 300-foot easement was established in 1984 with Ray Tuthill, founder of the Tuthill Corp. and the Blue Mountain Ski Area, in which the resort agreed not to keep its activities outside of that space.The Appalachian Trail runs on government property another 300 to 400 feet past the easement.According to Miles, only testimony given by people recognized by the zoning board as being a party will be reviewed by the Carbon County Court of Appeals if the case should go to appeal."We need that testimony, so we can present it to the court," Miles said.Zoning Hearing Board Chairman James Ord said, "Basically, this gives you the right to appeal."Edward Hughes, an attorney with Hughes, Kalkbrenner and Ozorowski in Plymouth Meeting, argued for Blue Mountain that the conservancy does not have an "interest" in the trail, because it does not own it.Miles retorted that "interest" has been shown in a case involving renters, who were not owners. Hughes said the renters had a lease agreement."I still don't think they have standing, because they are not aggrieved," Hughes said. "We are not impacting on the easement in any way."Close to the trailThe resort is seeking eight variances that include the height of the building and the setbacks.The ordinance permits buildings to be 50 feet tall and requires 50-foot setbacks on the front, sides and rear of the structure.The proposed Vista Lodge property would be within 5 feet of the Appalachian Trail easement and the actual structure, as noted in a report by the township's zoning officer Duane Dellecker, would be 12.2 feet away from it.George McHugh, chief of Administration for the NPS office of the U.S. Department of the Interior out of Harpers Ferry, West Virginia, testified before the board that the park service is concerned that the proximity of the proposed 85-foot-tall condominium hotel known as the Vista Lodge at Blue Mountain Ski Resort would compromise the hiking experience, disrupt three vista views and disturb wildlife. He was also concerned about light pollution.Hughes did not object to the NPS as a party to the hearing.According to Dellecker, the zoning hearing board can take up to 45 days to release a written ruling on the variances.After that, if an appeal is going to be sought, then it has to be filed within 30 days. Only a party can appeal the zoning board's decision.Zoning hearing board solicitor Holly Heintzelman asked McHugh if he would return to testify if the ruling goes to appeal. His response was that he didn't know if he would be able to return.McHugh said that his office monitors 2,190 miles of trails with a staff of 10 people."We have a tremendous cooperative agreement with the Appalachian Trail Conservancy," he said. "Monitoring the trail without their efforts would be impossible."Ord said, "To be a participant means you have a grievance."I feel construction of something outside of the easement does not constitute a grievance especially when you won't even see it," he said. "I'm not convinced you have a grievance in my opinion."Vista Lodge Residence Club would be a six-story hotel built on 1.95 acres near Summit Lodge on Summit Lodge Road. The hotel would consist of 80 condo units.The lodge is expected to have a penthouse, studio, one-, two- and three-bedroom condominiums, that will be fully furnished and will have full kitchens.Hotel amenities and services will include: a member's club room, fitness center, heated pool, hot tubs, spa services, valet service, bell service, concierge services, daily housekeeping and complete year-round property management.Although the Vista Lodge property would be within feet of the trail easement, the actual trail is several hundred feet further into the woods.Barbara Green, president and CEO of Blue Mountain Ski Resort, said Vista Lodge wouldn't work in a different location because they need it to be close to the Summit Lodge to provide lodging for wedding guests at its 150 receptions a year, as well as provide a ski in/ski out option for its skiing guests."It's an economic driver in the whole community," she said about the condominium hotel project.In other business, the variance being sought by DTA Alliance, owner and operator of the sand quarry in Palmerton, for a manufacturing facility at the site of the quarry was continued.