Stamford Planning Board Regular Meeting & Public Hearing - April 26, 2023

The Stamford Planning Board met virtually on April 26, 2023, for a regular meeting and public hearing. The board unanimously approved the minutes from April 11, 2023, two zoning text change referrals, and a four-lot subdivision at 40 Signal Road. A master plan amendment for 91 Hope Street was continued to May 23, 2023. The board also discussed the legal implications of abstentions in a prior vote on a hybrid marijuana facility and previewed an upcoming text change on marijuana regulations.

Consent Calendar

• Minutes of April 11, 2023: Approved unanimously.
• ZB Application #223-16 (Text Change – Zoning Permits & Certificates): Moved regulations to Section 19.I and required zoning permits for paving, driveways, and parking areas. Approved unanimously.
• ZB Application #223-18 (Text Change – General Development Plans): Created a separate section for GDPs with uniform requirements across districts. Approved unanimously.

Public Comments & Testimony

• Bill Smith (General Counsel, Genève Corporation): Expressed concern about the removal of a utility building partially on Genève's property, the relocation of utility lines, and the design of an elevated walkway/evacuation staircase. Requested that subdivision approval be conditioned on signed agreements, indemnity, and insurance. Genève had not been contacted by the applicant.
• Nicholas Beattie (Attorney, representing Dolphin Cove Club Corporation): Opposed subdivision approval citing unknowns regarding the integrity of the stone revetment wall, stormwater discharge, drainage, landscaping, and long-term responsibility for the wall and lagoon dredging. Stated that these issues affect public health, safety, and welfare and should be resolved before subdivision approval. Requested an independent third-party baseline study of the wall.
• William Hennessy (Attorney, representing 72 Cummings Point Road, LLC): Offered no objection to the subdivision as long as there is no vehicular or other access to/from Thread Needle Lane. Reserved objections for future coastal site plan review.

Discussion Items

• Old Business – Hybrid Marijuana Vote Clarification: Chair Dell explained that at the prior meeting, three members abstained on a motion to refer a hybrid marijuana facility to the Zoning Board. The Law Department ruled that since a quorum was present, the two affirmative votes constituted approval. Board members discussed that abstentions effectively count as non-votes; future opposition should be expressed as "no" votes. The board noted that the state has removed limits on the number of hybrid marijuana retailers, and a new city text change is being drafted to regulate distances from schools, pediatric centers, tutoring services, and liquor stores. The text change is expected to come before the board in early June.
• Master Plan Amendment #MP-442 (91 Hope Street): Continued from March 28, 2023. The applicant had not completed requested changes in consultation with land use staff. Public hearing rescheduled to May 23, 2023.
• Subdivision #4045 (40 Signal Road & 0 Thread Needle Lane): Applicant Joseph Capalbo proposed a four-lot subdivision on 2.3 acres to build four single-family homes with a common driveway and private beach, replacing a 12,000 sq ft commercial building. The site is in an R-20 zone and a flood zone, adjacent to the Dolphin Cove lagoon. Experts testified that stormwater runoff to the lagoon would be reduced by at least 50%, and that construction would not harm the adjacent stone revetment (owned by Dolphin Cove). The applicant agreed to a joint pre- and post-construction wall inspection with an independent third party. Board members noted that detailed concerns about wall integrity, drainage, and landscaping would be addressed during future coastal site plan and architectural reviews (CAM applications), not at the subdivision stage.

Key Outcomes

• Subdivision #4045 Approved Unanimously (5-0). Motion made by Michael Totillo, seconded by Jay Tepper. The approval includes all correspondence and comments from referral agencies. The board directed the applicant to coordinate with Genève Corporation (utility building removal) and Dolphin Cove (wall baseline study) before returning for site plan and architectural approvals.
• Master Plan Amendment #MP-442 Continued to May 23, 2023 public hearing.
• Upcoming Meetings: May 9, 2023 (regular); May 23, 2023 (regular and public hearing for 91 Hope Street).
• Future Marijuana Text Change to be drafted and presented to the board around early June 2023.