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home in Flint Hill, Davis told the BZA members that the ski corporation was not required by the ordinance to apply for a use permit in order to conduct the recreational activities listed in their pending application. He stated that the BZA “did not have jurisdiction to grant or deny the application and would have a legally indefensible position if it acted”. Davis advised the BZA to dismiss the application for lack of jurisdiction.
Davis maintained at the special meeting and again on Tuesday that the ski area property had been zoned for recreational purposes. He also noted that down zoning the property to conservation—action recommended by the BZA in a memo to the Planning Commission—would put the ski area’s 300 acres into a zoning category that permitted recreational activities by right without any special use permits.
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