Opinions
Citizens Do Have a Voice
While it is true that the Public Service Board (PSB) is the decision-maker, it is a disservice to suggest that the town is powerless before the board or that zoning and Act 250 have no bearing.
Editor's Note: This letter was submitted to the Rutland Herald
February 20, 2006
by Cynthia Barber, Newark
in NWW
In a recent [Rutland Herald] article about the February 24 advisory vote on the proposed Glebe Mountain wind development, the chair of Londonderry's select board is quoted as saying, "Regardless of how the town votes, the Public Service Board has the only say on the project according to state law." The article further states, "neither local zoning nor Act 250 applies."
While it is true that the Public Service Board (PSB) is the decision-maker, it is a disservice to suggest that the town is powerless before the board or that zoning and Act 250 have no bearing. In fact, the PSB is required to consider the criteria of Act 250 in evaluating a project.
Moreover, the town can and should have a direct say in the process. Among the factors that the PSB must consider is "the orderly development of the region with due consideration having been given to the recommendations of the municipal, planning, and legislative bodies of any affected municipality." This means that zoning, town plans, a town¹s wishes, and especially the regional plan must be taken into account.
In fact, if a town or neighboring community does not have clear statements about wind development and zoning or planning, that can be held against a town. This is the sort of situation we, as intervenors opposed to the East Mountain project, have experienced because of a lack of town plans and zoning and a vagueness in the regional plan.
Towns can participate in several ways, from letter writing to "party status." In the latter case, the town would have a representative actively participating in the case every step of the way and contributing to the evidence presented to and considered by the PSB.
Moreover, the town moderator was incorrect when he said that the town "could not appeal the Public Service Board ruling, however it turns out." Any party with party status has the right to appeal.
While it is true that the Public Service Board (PSB) is the decision-maker, it is a disservice to suggest that the town is powerless before the board or that zoning and Act 250 have no bearing. In fact, the PSB is required to consider the criteria of Act 250 in evaluating a project.
Moreover, the town can and should have a direct say in the process. Among the factors that the PSB must consider is "the orderly development of the region with due consideration having been given to the recommendations of the municipal, planning, and legislative bodies of any affected municipality." This means that zoning, town plans, a town¹s wishes, and especially the regional plan must be taken into account.
In fact, if a town or neighboring community does not have clear statements about wind development and zoning or planning, that can be held against a town. This is the sort of situation we, as intervenors opposed to the East Mountain project, have experienced because of a lack of town plans and zoning and a vagueness in the regional plan.
Towns can participate in several ways, from letter writing to "party status." In the latter case, the town would have a representative actively participating in the case every step of the way and contributing to the evidence presented to and considered by the PSB.
Moreover, the town moderator was incorrect when he said that the town "could not appeal the Public Service Board ruling, however it turns out." Any party with party status has the right to appeal.
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