It all comes down to the reason for denial. It can't be denied just because the town doesnt want it. It can however be denied for a number of reasons that may not be reversible through court action. Public safety being the biggest. The town could argue that the existing town infrastructure and maintenance facilities are insufficient to to support an increase in population of this magnitude - roads cant handle traffic in terms of volume and wear and tear, not enough police and fire to support the increase in people, maybe they need a new fire station and police station, sewer and potable water system capacities may be insufficient, other utilites may be insufficient... Any and all of these items can be overcome with $$, but at some point, the cost gets too high, and the developer walks away.Mister Moose wrote:A common misconception is how the town regulates growth and new development. The town does not have complete control.laseranimal wrote: If there's not enough midweek demand to justify the operation of Skyeship Stage 1 and Pico, and not enough demand to continue the season length we're accustomed to, then HOW in the world is there enough demand to justify building a village?
If the land is zoned for residential use, the land owner has the right to develop that land for residential use. The town may set standards for the entire town to follow, such as street width, building setback distances, minimum lot size, etc. Same goes for the Village. If the land is zoned for commercial use, the land owner may build within the list of permitted uses for that zone.
If the land is not zoned for the contemplated use, now the town has huge amounts of control in deciding whether or not to change the zoning of the parcel.
Commissions sometimes can use obstruction and delaying tactics, but that only goes so far, and taken too far it can land you in court. Big projects have corresponding big legal budgets. In cases where they thought it was worth it, towns have gone to court, and a settlement is reached at some point with the developer, if the developer has the gumption to see the process through.
Any development done by the mountain (And I say the mountain because ownership will likely change over time) within the current planning and zoning regulations is likely to win approval... eventually. If any town or state authority unilaterally prohibits a permited use under current zoning, that constitutes a taking, and the landowner must be compensated. This obviously does not apply to leased lands where the mountain is not the owner. Act 250 adds another layer to this, but it still does not change the fact that denying a permitted use constitutes a taking.
It also, as MM said depends on what types of permits are needed. If this were a building permit only or site plan approval only, the town is very limited in reasons they can site for denial. If any sort of special permit or variance is required, the town can take into account reasons including benefit to the town, affects on surrounding properties, popular opinion, and personal objection...