Applicants sought review of town planning and zoning commission’s denial of application for special permit to construct and operate a crematory in business park in industrial zone.
The Superior Court dismissed. The Appellate Court affirmed. Applicants appealed.
The Supreme Court held that:
- Objections based on general standards in zoning regulations may serve as a basis to deny a special permit application; but
- Substantial evidence did not support commission’s determination as adverse environmental effects from emissions;
- Substantial evidence did not support determination as to detrimental effect on neighbors or development;
- Substantial evidence did not support determination as to harmonious and orderly development; and
- Substantial evidence did not support determination as to suitability of design elements on other properties’ value.