Wallach v. Wright

Local zoning boards have broad discretion in considering applications for area variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary and capricious, or an abuse of discretion (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]; Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]). In determining whether to grant an area variance, a zoning board is required by Town Law § 267-b (3) (b) to engage in a balancing test “weighing the benefit to the applicant against the detriment to the health, safety…