I. SUMMARY CONCLUSION

The Planning Commission has held public hearings, made inquiries of the Developer, reviewed the proposal in light of the Town’s Plan and other applicable law, considered the impact on the orderly development of the region, evaluated the Project in connection with the pre-existing uses at the site (i.e. ski area, VAST snowmobile trails, snow shoeing, hiking, hunting, and x-c skiing); applied applicable aesthetics standards to the Project, reviewed significant and inherent safety issues associated with the proposal.  The LPC recommends that the PSB reject the PAD submitted and any subsequent application for a Certificate of Public Good. 
The basis for such recommendation includes the following:

(1)  the PAD is insufficient, fails to satisfy both the spirit and legislative intent of Section 248 (f) and that of the Governor’s Commission that reviewed Section 248, and effectively disenfranchises the LPC and the Town of Londonderry of important, substantive and material rights under Section 248 (f);

(2) the Project directly and irreconcilably conflicts with the clear, unambiguous terms and intent of Londonderry’s Town Plan and historical planning in Londonderry;

(3) the construction of the Project presents a significant threat of irreversible damage to protected natural resources including an indisputably fragile natural resource clearly identified by the local community as having special importance.  This threat of significant and irreversible damage includes that presented to significant regional natural resources including substantial and important watershed areas;

(4) in proposing a project that directly conflicts with clear provisions of the Londonderry Town Plan thereby threatening the economic vitality of the Londonderry area, the Developer has failed to provide any information at all indicating how the construction and operation of the Project, as proposed, could nevertheless be consistent with the orderly development of the region;

(5) the proposal violates applicable aesthetics standard in that it violates clear written community standards contained in the Londonderry Town Plan.  Moreover, the Developer has provided absolutely no basis, much less a rationale, for allowing a project that violates such standards;

(6) the Project as proposed has serious safety issues which the Developer has failed to address;  and

(7) the Project is incompatible with the traditional pre-existing uses at the site for recreation and tourism.