Informal Opinion No.

Herbert A. Kline, Esq. Town Attorney, Colesville

You have asked whether a chairman of a town planning board, in the review of a particular subdivision application, has a conflict of interest, and, if so, what implications flow from such a conflict.

You informed us that the town board has delegated to the planning board the responsibility for the approval of subdivisions. With respect to the subdivision application at hand, in addition to the authority to approve the proposed subdivision, the planning board also was designated as the lead agency for purposes of reviewing the environmental impact…