Subdivision developer brought action seeking review of town planning board’s decision to approve subdivision conditioned on switch of subdivision’s proposed primary and emergency access roads.
Following remand for further findings of fact and conclusions of law, the Superior Court affirmed the board’s decision. Developer appealed.
The Supreme Judicial Court held that:
- Board had authority under subdivision ordinances to condition approval of subdivision on road switch;
- Ordinance was not an unlawful delegation of legislative power;
- Conditional approval was supported by substantial evidence; and
- Decision was not arbitrary and capricious.