Town counsel says prior variances can serve as baseline; applicants must explain compliance

At the Aug. 3 meeting the board heard legal guidance from Jay Talerman of the town council, who advised that previously granted variances could be treated as the baseline for consideration of a new license if the applicant's proposed uses fit within those variances.

Talerman said, "I in my opinion, you can proceed with the variances kind of forming the basis, the foundation, the baseline condition on this property, if you so desire, and consider those variances as as existing when you're considering the uses proposed by this particular applicant." He emphasized that applicants must still describe in their license application how they will address existing variances, referencing Section 2024 of the board's regulations.

Board members noted there was written contention in prior meetings about whether variances "run with the land," and one prior speaker (an attorney at a previous meeting) had argued they did not apply; Talerman and others said a full variance application had not been submitted and the board has discretion to interpret compatibility in the licensing process.