Stamford Planning Board Regular Meeting - August 16, 2023

The Stamford Planning Board met on August 16, 2023 (noting the agenda and roll call cited the meeting as Tuesday, August 15, 2023, but the timestamp provided for this summary is August 16, 2023) via Zoom webinar. The board approved property sales, a conservation easement amendment, zoning text changes, and ZBA variances, tabled a rezoning application, and discussed cannabis regulations.

Consent Calendar

• Approved the June 27, 2023 regular meeting minutes.
• Approved the August 7, 2023 special meeting minutes.

Request for Authorization - Real Estate Sales

• 560 Atlantic Street: Approved the sale to SMTG, LLC for $207,500. The 3,394 sq ft parcel is an unused remainder from the Stamford Urban Transitway project. The deposit was $41,500. Because the federal grant was 80% federal / 20% local, 80% of the proceeds will be returned to the FTA.
• 13 Manhattan Street: Approved the sale to SMTG, LLC for $137,500. The 2,176 sq ft parcel is also an unused remainder from the transitway project. The deposit was $27,500, with the balance of $110,000 due at closing. Same FTA reimbursement applies.

Subdivision #3279 - Estate of Cesare Mangiapani (76 Emerald Lane)

• Approved the amendment to the conservation easement: 8,883 sq ft of developed land will be removed from the easement, and 8,307 sq ft of wooded area will be added. The applicant, represented by Ida, stated that the change had received Conservation Board/EPB approval and would allow a pool while preserving more environmentally significant land.

Zoning Board Referrals

• ZB #223-30: Approved the text amendment to combine Tables I and II in Appendix A and update certain use names and definitions (e.g., "tourist home" to "bed and breakfast"), clarifying existing uses without changing where uses are permitted.
• ZB #223-31: Approved the text amendment to increase the number of zoning districts where Publicly Accessible Amenity Spaces (PAAS) are required, add trails as a new type of amenity space, and adjust standards including lighting and waterfront space size.
• ZB #223-32 (Nautilus Botanicals EJVI & Simi Ent, LLC - 1110 East Main Street): Postponed to September 12, 2023 at the applicant's request. The board asked that it be moved because the legal department wishes to discuss cannabis regulations with the board.
• ZB #223-33 (30 Victory Street): Tabled unanimously. The applicant, Jason Klein of Carmody Law, sought a map change from R-6 to NXD. Board members expressed concerns about potential spot zoning and the lack of neighbor outreach. The motion to table was made by Jay Tepper and seconded by Michael Totino, with the applicant asked to contact neighbors and return with more information.

Zoning Board of Appeals Referrals

• ZBA #024-23 (46 Kenilworth Drive West): Approved variances for a second-floor addition (27 ft 6 in x 25 ft 9 in, 660 sq ft) and deck, with rear setbacks of 28.4 ft and 28.5 ft respectively, in lieu of the required 30 ft. Michael Totino disclosed that the architect, Anthony Totilo, is his first cousin, but he has no financial interest.
• ZBA #025-23 (34 Hamilton Avenue): Approved the variance for increased lot coverage of 27.4% in lieu of the 25% allowed, for a rear addition to a two-family dwelling. The property is legally non-conforming in use and lot size.
• ZBA #026-23 (143 Myrtle Avenue): Approved the variance for a rear yard setback of 0 ft in lieu of 15 ft required, to construct a single-story building to house a private car collection. Architect Pierre-Christian Frye stated the building would match adjacent properties and avoid an inaccessible no-man's land.
• ZBA #027-23 (1786 Bedford Street): Pulled from the agenda by the applicant due to missing information. No new date was set.

Old Business - Cannabis Regulations Discussion

• The board reviewed the zoning board's July 12, 2023 revisions to cannabis text amendments. Staff noted that adult-use cannabis retailers are limited to one per 25,000 residents, must be 3,000 ft from other dispensaries, and 1,000 ft from public and non-public schools.
• The board's previous recommendation included a 150-ft buffer from residential districts, which was not included in the zoning board's version. The board agreed to send a memo requesting that residential buffer be added.
• Chair Teresa Dell explained broader legal uncertainties, including pending lawsuits and a potential one-year moratorium. The law department plans to meet with the board to discuss how to handle applications and denials. Staff will research whether a moratorium applies to already-submitted applications.

Announcements

• Lindsay Cohen reported that a planning board certificate for Master Plan application #444 (Long Ridge Road and Wire Mill Road) was incorrectly filed. The filing was an honest mistake, and staff are working with the town clerk and law department to retract or correct it. No vote has been taken, the public hearing remains open, and no change to the Master Plan or zoning has been approved.

Key Outcomes

• Unanimously approved the June 27 and August 7 minutes, the two real estate sales, the conservation easement amendment, ZB #223-30, ZB #223-31, and ZBA applications #024-23, #025-23, and #026-23.
• Tabled ZB #223-33 (30 Victory Street) pending neighbor outreach.
• Postponed ZB #223-32 (1110 East Main Street) to September 12, 2023.
• ZBA #027-23 (1786 Bedford Street) was pulled by the applicant.
• The board will send a memo to the zoning board regarding the 150-ft residential buffer for cannabis retailers.
• Next meetings: August 29, 2023 (regular meeting and public hearings) and September 12, 2023 (regular meeting).