In Re Rinkers, Inc.

¶ 1. The question this ease presents is whether a 180-foot telecommunications tower in the town of Hardwick would have an undue adverse effect on the aesthetics of the area in violation of Criterion 8 of Act 250. Neighboring landowners appeal the issuance of an Act 250 land-use permit for the project. Specifically, they contest (1) whether the project violates a clear, written community standard intended to preserve the aesthetics of the area, and (2) whether a reduction of the tower’s height is a mitigating step that the developer should have taken to improve the harmony of the project with…