Sealund Sisters, Inc. v. Planning Board

The plaintiff appeals from a judgment of the Superior Court affirming the decision of the defendant planning board denying its application for subdivision approval of a fifteen lot project. At issue before us is the first of two grounds1 relied upon by the board in rejecting the plaintiff’s plan. That ground was stated as:

*347“The amount of blasting on site is too extensive. The length of time to complete the blasting, the number of trucks used to haul the blast material, associated noise and dust will be detrimental to the neighborhood.”

We vacate the judgment. We also vacate the board’s decision…