Appeals

In accordance with State Statute, an applicant or interested person (as defined in State statute) may appeal a decision of the Administrative Officer (Zoning Administrator) within 15 days of the decision by filing an appeal with the Development Review Board.  Use the Application to Development Review Board to file the appeal.

Section 10.5 Appeals (from the Land Use and Development Regulations) outlines the appeal process:

(A) Decisions of the Administrative Officer. In accordance with the Act, any applicant or other interested person may appeal a decision or act of the Administrative Officer by filing a notice of appeal with the Secretary of the Development Review Board, or the Town Clerk if no Secretary has been elected, within 15 days of the date of such decision or act.

(1) The Development Review Board shall hold a public hearing on a notice of appeal within 60 days of its filing, in accordance with the Act. The Board shall give public notice of the hearing under Section 10.8(C), and mail a copy of the hearing notice to the appellant not less than 15 days prior to the hearing date.

(2) A decision on appeal, to include written findings of fact, shall be rendered within 45 days after hearing completion, in accordance with the Act. The Development Review Board may reject an appeal without hearing, and render a decision within 10 days of the filing of a notice of appeal, if the Board determines that the issues raised by the appellant have been decided in an earlier appeal, or are based on substantially or materially the same facts, by or on behalf of the appellant. Copies of the decision shall be mailed to the appellant and hearing participants, and filed with the Administrative Officer and Town Clerk.

(B) Decisions of the Development Review Board.

In accordance with the Act, any interested person who has participated in a regulatory proceeding before the Development Review Board, may appeal the decision of the Development Review Board within 30 days of such decision to the Vermont Environmental Court. Notice of appeal shall be filed by certified mail with fees to the environmental court and by mailing a copy to the Administrative Officer who shall supply a list of interested persons to the appellant within five working days. Upon receipt of the list of [popup url=”http://benningtonplanningandpermits.com/permits/wp-content/uploads/2011/02/interstedpersons.jpg”]interested persons[/popup], the appellant shall, by certified mail, provide a copy of the notice of appeal to every interested person.

(C) Notice of Appeal. Pursuant to the Act, a notice of appeal shall be in writing and include:

  • the name and address of the appellant;
  • a brief description of the property with respect to which the appeal is taken;
  • a reference to applicable bylaw provisions;
  • the relief requested by the appellant, including any request for a variance from one or more provisions of these regulations; and
  • the alleged grounds why such relief is believed proper under the circumstances.

THE INFORMATION ON THIS WEBSITE IS OFFERED AS A GENERAL GUIDE TO LAND USE PERMITTING IN BENNINGTON.  PLEASE CALL THE BENNINGTON PERMITTING DEPARTMENT AT 802-442-1037 REGARDING SPECIFIC QUESTIONS AND ISSUES REGARDING BENNINGTON LAND USE PERMITS.

ALL APPLICANTS FOR A PERMIT FOR COMMERCIAL PROJECTS SHOULD CONTACT THE TOWN’S PLANNING DIRECTOR AND BUILDING INSPECTOR FOR AN INFORMAL REVIEW OF THE PROJECT BEFORE ANY PERMIT APPLICATIONS ARE SUBMITTED TO THE TOWN.