Editor’s note: This article is by Keith Whitcomb Jr., of the Bennington Banner, in which it was first published Oct. 13, 2015.
BENNINGTON — The Select Board will be reviewing an ordinance that gives it greater control over the siting of ground-mounted solar arrays.
Last week the Planning Commission met to discuss a draft of the ordinance before forwarding it to a board committee which will make its own recommendations before the full board, likely on Oct. 26.
In Vermont, Act 248 gives all permitting authority over power plants to the Public Service Board, a group appointed by the governor. The PSB’s authority supersedes all local zoning laws. This has led to no small amount of controversy in communities across the state over the years regarding all manner of projects from biomass, to wind, to solar.
In Bennington, people are upset over what are legally two solar arrays set to be built next to one another on forested land east of Route 7 near the Apple Hill neighborhood.
Together they will be about 27 acres. Neighbors have been largely at odds with the developer over how the projects will be screened from view.
This past session, the Legislature passed a law giving towns the authority to create solar screening ordinances that would apply only to ground-mounted solar arrays like the ones planned for Bennington.
Bennington Planning Director Dan Monks said Monday that because the solar arrays’ permits were filed for last year, it’s not likely the new ordinance, if passed, will apply.
He said that while the ordinance would give the town some power regarding solar projects, there’s a number of “catches.”
For one, the ordinance can’t effectively ban such projects. Monks said it’s not clear if that means some projects can be allowed and not others, or if all projects must be allowed just with enough screening.
The ordinance also cannot place more restrictions on solar than it would other commercial properties, said Monks.
The Planning Commission has recommended that it be made to review each solar project as they are proposed, then make screening recommendations to the board.
The board will then make a decision on what it wants for screening and send that to the PSB.
Monks said the board has always been able to make such recommendations to the PSB, but with this new law the PSB will be bound to enforce them, provided they comply with the law.
If the board passes the ordinance, like any ordinance it will go into effect after 60 days.
