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Tinmouth told PUC will weigh town plan and bylaws; town bodies can intervene or submit recommendations
Summary
Department of Public Service staff and applicants explained that while the PUC makes the final determination under Section 248a, it must consider municipal plans, planning commission and select board recommendations; residents were urged to file written comments and municipalities can intervene to become parties.
Michael Swain of the Vermont Department of Public Service reminded the public that Section 248a is a state‑level process but that the PUC takes substantial account of municipal planning commission and select board recommendations and the town plan when making decisions. He urged written comments during the 30‑day public comment period after a completeness finding and explained that towns or planning commissions can file to intervene to gain party status.
Residents cited a town zoning limit that caps structure height at 130 feet and expressed concern that the proposed 160‑foot tower would be out of step with local bylaws. Swain and other officials said the PUC considers municipal recommendations and bylaws but has authority under state law to grant a certificate of public good depending on the Section 248a balancing test.
“By far, the most powerful thing you folks can do is to use your select board and planning commission to submit a letter of recommendation on the project,” Swain said. The Department suggested that municipal letters and individual comments during the PUC filing period are the most effective ways for the town to influence the outcome.
