100-5-02

In an on-the-record review of the granting of a conditional use permit the Court must determine if substantial evidence exists in the record as a whole from which the factual findings of the DRB might reasonably be inferred. Failure of DRB to make any factual findings on two of four criteria required under the Zoning Regulations for conditional use approval is cause to vacate and remand for further findings or proceedings before the DRB. Approval of conditional use required consideration of (1) capacity of community facilities, (2) character of the area affected, (3) traffic, and (4) bylaws then in effect.