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Board debates limits of Development Review Committee discussions to avoid use‑variance liability
Summary
Board members and professionals debated what can be discussed at DRC meetings after counsel cautioned that comments could be used later to support a use‑variance claim; staff and counsel advised procedural explanations but warned against giving applicants 'false hope.'
Members of the Clayton Planning Board spent part of the March 23 meeting clarifying the Development Review Committee's role and the legal risks that arise when applicants and board members discuss use variances informally. Attorney Alexis Smith and Solicitor Alena Hyatt advised caution: DRC meetings should avoid substantive promises or indications that the board would approve a use variance because such statements can be later cited in litigation.
Engineer Wayne Roorda emphasized a practical line: staff can explain procedural steps and the difference between use variances and other approvals but should not "give the applicant any false hope." The board agreed to draw a careful line at DRC sessions and to limit substantive use‑variance discussion to formal hearings.
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