In Re Appeal of Bennington School, Inc.

¶ 1. Bennington School, Inc. appeals an environmental court decision in favor of the Town of Bennington finding that BSI’s proposed use of a single-family home as a residence for students required a conditional use permit. Despite finding that BSI’s proposed residential use met the statutory requirements of a permitted group home under 24 V.S.A. § 4409(d), the environmental court ruled that it was the functional equivalent of a boarding school or college dorm and thus was properly subject to the conditional use process. Because we find BSI’s use of the residence under the first of two…