Vermont Business Magazine The Vermont Supreme Court has reversed a lower court and denied an Act 250 permit for a proposed large commercial and retail development at the I-89 Exit 1 interchange near Quechee. The Vermont Natural Resources Board, together with the Two Rivers-Ottauquechee Regional Commission, appealed the lower court’s ruling. In its decision earlier today, a unanimous Court agreed with the Board and the Regional Commission that the proposed development conflicts with the regional plan.
After reviewing several provisions of the plan, including requirements aimed at reducing sprawl and strip development, the Court held that the plan “prohibit[s] large-scale development of this sort at the Exit 1 interchange.” In that way, the regional plan serves “key land-use goals identified by the Legislature: maintaining historic settlement patterns, discouraging strip development along highways, and encouraging economic growth in specific areas.”
The developer of the proposed project, Scott Milne of B&M Realty, who is also a candidate for US Senate, said in response to the ruling: "As a small businessperson who is trying to grow our local economy, the court's decision is disappointing and frustrating because it will cost the region 300 good jobs that it desperately needs. This is not just a setback for B&M Realty, but a real loss for the hundreds of Vermonters and their families who might have found paychecks through our project."
Diane Snelling, the Chair of the Natural Resources Board, applauded the ruling. “This is how Act 250 is supposed to work: thoughtful, carefully drafted regional plans are given meaning through Criterion 10 and the Act 250 process. As the district commission recognized and the Court today held, this large-scale development cannot be reconciled with a plan that aims to limit sprawl and promote development in existing town centers.”
The Attorney General’s Office represented the Natural Resources Board in the appeal. Attorney General William H Sorrell also praised the decision. “As we told the Court, this case has real consequences for protecting Vermont’s traditional landscape and limiting highway-oriented sprawl. This decision will help protect our open spaces and scenic vistas for years to come.”
The Supreme Court heard the case after both the Two Rivers-Ottauquechee Regional Commission (TRORC) and the Vermont Natural Resources Board (NRB), which oversees Act 250, appealed the decision.
Peter Gregory, executive director of TRORC, said, "The Supreme Court was crystal clear on the value and weight of regional planning in Act 250 proceedings. This establishes an even stronger precedent for that input.”
VNRC Executive Director Brian Shupe said: “This decision affirms the vital role that regional plans – and by extension municipal plans – play in the Act 250 process. In its unanimous decision the Court sent a clear message that Act 250 Commissions need to defer to plan provisions when they clearly signal that development is contrary to a town or regions land use goals,” said Shupe.
“What’s more, it’s clear that Commissions need to consider Vermont's longstanding planning principles of concentrating development in our traditional centers when applying plan provisions to a project,” Shupe said.
According to Shupe, “the Court also affirmed the ability of planning commissions to restrict development at interstate interchanges, areas that we know, from our recent work on Exit 4, are especially vulnerable to sprawl and strip development.”
Source: Vermont AG. VNRC 10.21.2016