with whom RUDMAN, J., joins, dissenting.
I respectfully dissent. For the purpose of this dissent, I accept the Court’s determination that the standard set out in section 19.4.7(b)(4) of the ordinance, i.e., “will not adversely affect the value of adjacent properties,” provides adequate guidance to a conditional use applicant and to the Zoning Board of Appeals. I also agree with the Court’s interpretation on page 7 of the slip opinion of our decision in Cope v. Town of Brunswick, 464 A.2d 223 (Me.1983). On the record before us, however, I conclude that the Board’s rejection of Gorham’s conditional use application was arbitrary and capricious.
The Town of Cape Elizabeth has determined, through its legislative process, that multi-family dwellings are consistent with the zoning scheme, provided there is a showing that the multi-family unit will not adversely affect the value of adjacent properties. In the words of the Court’s opinion, that is “a legislative determination that such [a use] will not ordinarily be ‘detrimental or injurious to the neighborhood.’ ” Op. at-(quoting Cope, 464 A.2d at 226-27).
Gorham presented uncontested evidence that his proposal would not change the external appearance of his home and contested evidence by two appraisers that there would be no adverse affect on the value of adjacent properties. The evidence of a third appraiser and of neighbors, who predicted an adverse effect on the adjacent properties, did not explain what there was about Gorham’s particular proposal that made it harmful to the value of adjacent properties. Rather, all the opponents’ comments were addressed to the more general idea that multi-family units adversely affect the value of single family homes.
Because the Town of Cape Elizabeth has already made a legislative determination that multi-family units will not ordinarily affect the value of surrounding properties, it was inimical for the Board to accept evidence contrary to that determination. In fact, the Board’s adoption of the theory that multi-family units devalue surround-mg property effectively precludes approval of any plan proposing a multi-family unit, clearly contravening the legislative intent. We have previously said that allowing a zoning board to decide whether a particular use complies with a legislative dictate is improper if the Board is permitted to decide that same legislative question anew, without specific guidelines which permit the Board to determine what unique or distinctive characteristics of a particular [proposed use] will render it detrimental or injurious to the neighborhood.
Cope, 464 A.2d at 227 (emphasis added).
The Board, therefore, could have properly rejected Gorham’s proposal only in reliance on evidence that his specific proposed use, because of its particular characteristics, would adversely affect the value of adjacent properties. Without any such evidence, the Board’s decision was arbitrary, capricious, and contrary to the terms of the ordinance.