Applicant and neighbors sought review of town zoning board of adjustment’s grant of conditional use permit to construct trucking facility for fuel-hauling business in industrial zone.
The Superior Court approved application. Neighbors appealed.
The Supreme Court held that:
- Evidence supported determination that project was not a fire, explosive, or safety hazard under zoning bylaws;
- Noise limitation in bylaws applied to noises at property line emanating from proposed use itself and not to sounds created by vehicles passing into and out of property;
- Trial court conducted appropriate analysis of daytime noise impacts;
- Trial court’s analysis of nighttime impacts was inadequate to support conclusion of no adverse effect at night; and
- Permit condition requiring applicant to minimize nighttime arrivals and prohibiting Sunday and holiday operations except for emergency was impermissibly vague.