Land Use—Applicant’s Deceit Toward Municipal Board May Not, Standing Alone, Warrant Denial of Area Variance Under Town Law §267-b(3)—That Factor May Be Considered Significant and Compelling to the Extent It Inextricably Relates to Enumerated Statutory Factors—Requested Variance Was Substantial and Alleged Difficulty Self-Created—Petition Denied
This appeal involved the issue of “whether a municipal zoning board may deny…area variances on the basis of common-law principles that are independent of the statutory factors enumerated under Town Law §267-b(3).” The court had to determine “whether ongoing and deceitful representations by a variance applicant during earlier interaction with the planning board, and with the zoning board…, permit the denial of requested…variances.” The court noted that the subject issue, “in this context, is novel.”
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