Landowners whose property abutted that of an automobile recycler sought review of planning board decision approving conditional use permit to install and operate a metal shredder for vehicles. The Superior Court vacated. Recycler appealed and landowners cross-appealed.
The Supreme Judicial Court of Maine held that:
- Planning coordinator’s e-mail to attorney for applicant did not taint decision by planning board to approve the permit;
- Board’s finding that application met the ordinance standards was supported by the record; and
- Record supported board’s determination that metal shredder would meet the 60-decibel standard as measured at the neighboring property.