Freedom Appeals Board Findings
March 8, 2007


Motion made by Widoff that the decision of the Planning Board finding that the noise standard could be met by the applicant is unsupported by substantial evidence by in the record now before us because the Roger’s study did not include site specific ambient noise data which if included would likely result in decibel levels exceeding the standard. Bowers seconded motion. Vote 3 for passing motion, 1 abstention.

Widoff moved that we accept the decision made by the Planning Board finding that the applicant has satisfied the criteria for storm water management because it is substantiated by supporting evidence including the nature of the site and the requirement of the applicant to use BMP. Bowers seconded. Motion passed unanimously.

Motion made by Widoff that we accept the Planning Board decision regarding the applicant's ability to meet art 7 sec 15 avoidance and mitigation of damage to public roads and drainage systems because the Ordinance provides performance standards that are likely to be met and are further supported by applicant’s requirement to be bonded for and damages or repairs. Bowers seconded. Motion passed unanimously.

Motion made by Widoff that the decision of the Planning Board determining that the applicant met the bonding requirement of the Commercial Development Review Ordinance is clearly contrary to art 7 sec 18 of the Ordinance because bonding is required to secure all the applicant’s obligations under the Ordinance not only those that impact public infrastructure, for example, there was no bonding for decommissioning which is an obligation of the applicant under the Ordinance. Bower seconded. Motion passed unanimously.

Motion made by Widoff that the Planning Board acted in accordance with article 8 section 5 b 7 that the fire suppression system is a performance standard that will be met and enforced by the CEO. Bowers seconded. Motion passed unanimously.

Widoff moved the Planning Board decision to accept art 8 sec 5 5b 12 is a performance standard not requiring specific approval was an appropriate decision. Bowers seconded. Motion passed unanimously.

Motion made by Widoff that the Planning Board’s assumption of right title and interested is supportable even though contrary evidence exists, (?) Bowers seconded. Motion passed unanimously.

Chase motioned that we consider the issue of scenic beauty waived. Widoff seconded. Motion passed unanimously.