June 8, 2000

Selectboard
Town of Bennington
c/o Stuart Hurd
Bennington, VT 05201

re: Jard Site change in Town Plan

Dear Selectboard of Bennington:

Pursuant to the discussion at the Bennington Selectboard meeting on May 23 regarding the change of use of 18 acres of the Jard Site from Village Residential to Industrial in Bennington's Town Plan, Vermonters for a Clean Environment has sought answers to the questions raised about what role, if any, Town Plans and town zoning play in the siting of power plants in Vermont.

Based on the enclosed materials, VCE would summarize the role of the Town in a power plant siting case as follows:

The Vermont Public Service Board has ultimate authority over the siting of power plants. They have the authority to overrule Local Zoning and Town Plans, if the interests of the State are greater than the interests of the Town.

However, in considering the siting of power plants, the Public Service Board is required to take into consideration the recommendations of municipal planning commissions, the selectboard, and land conservation measures contained in the Town Plan of the affected municipality. Local zoning permits are not required for the siting of power plants that have received Public Service Board approval and the Public Service Board has overruled local zoning in the past. "At the same time, we have a rich tradition of local planning, so the PSB must consider what the community has to say," according to Commissioner of Public Service Richard Sedano.

Based on this information, it is important that the wishes of the citizens of Bennington regarding land use be expressed clearly in their Town Plan, in order for the Public Service Board to accurately assess the Town's wishes and take them into consideration.

The following are attached for your consideration:

1. Informational Handout from Department of Public Service regarding Act 248,
2. Answers to Questions from Commissioner of Public Service Richard Sedano, and
3. Memo from Attorney Jon S. Readnour on Public Service Board and Municipal Zoning.

Thanks for your attention to these matters.

Sincerely yours,

Annette Smith
Executive director

Enclosures

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Added to website 06.12.2000