Stamford Zoning Board Meeting – January 23, 2024

The Stamford Zoning Board convened on January 23, 2024 (the meeting began at 6:30 PM on January 22 and continued into the 23rd) via Zoom. Chair David Stein led the meeting. The board received a presentation from City Administration Director Ben Barnes on the fiscal impacts of development, approved a site plan and special permit for 375 Fairfield Avenue, and held a public hearing on a special permit request from 100 Clinton LLC to pay $12,953,280 into the Affordable Housing Trust Fund (AHTF) in lieu of providing on-site Below Market Rate (BMR) apartments. The board also handled several routine items.

Presentation: Fiscal Impacts of Development

Ben Barnes presented data on Stamford’s growth since 2013, including:

• 5,384 new housing units permitted (≈10% growth in housing stock).
• $2.1 billion added to the grand list (now ≈$27 billion).
• $52.7 million in new property tax revenue (≈9% of total FY24 revenue).
• $102 million in building permit fees.
• 1,148 BMR units produced (≈25% of permitted units), with most apartment growth concentrated downtown and in the South End.
• School enrollment has remained flat at about 16,000 students.
• The real tax levy per capita (inflation-adjusted) has slightly declined, indicating stable city service demand.
• Building permit fees reached a high of over $14 million in FY19.
• Barnes argued that development, particularly multifamily housing, “pays its way” and that renters contribute through taxes embedded in rent.
• Board members asked about the role of Tax Increment Financing (TIF) districts, commercial growth mix, motor vehicle tax collection, and the sustainability of the growth rate.

Discussion Items

Application 223-43: 375 Fairfield Avenue – Site and architectural plans for two commercial/warehouse buildings (Building A: 52 self-park spaces, Building B: 46 spaces, plus EV spaces). The board approved the application with conditions including a 5-foot sidewalk, 4-foot amenity strip, 30 street trees, a 190-foot sidewalk extension south of the property, and standard conditions. All board members expressed support for the project, noting it provides commercial development and improves the area.

Approval of Minutes – Minutes from January 8, 2024, were approved 4‑0 (Chair Stein recused).

CSPR 1186: Mill River Park Playground Replacement – The board approved a coastal site plan to replace playground equipment and add a splash pad and restrooms, with conditions from EPB, Engineering, and BID.

Extension Requests:

• Application 222-32 (Clinton Avenue): One-year extension to March 27, 2025 – approved 5‑0.
• Application 221-29 (South End Pacific): One-year extension to February 23, 2025 – approved 5‑0.

CSPR 1185: 29 Waterbury Avenue – Continued to a future date for revised plans showing compliance with the half-story height limit.

Public Hearing: Application 222-32 (100 & 101 Clinton Avenue)

The applicant, 100 Clinton LLC, seeks a special permit to contribute $12,953,280 to the Affordable Housing Trust Fund in lieu of providing 49 on-site BMR units (47 at 50% AMI, 1 at 65% AMI, 1 at 25% AMI). The Planning Board had recommended providing a portion of the units on-site (12% at 80% AMI or 8% at 65% AMI) and paying the balance into the AHTF.

Key speaker positions:

• Attorney Jay Klein (applicant): Argued that the fee-in-lieu would allow nonprofits to leverage funds to produce more units at deeper affordability (e.g., 25% AMI), citing examples like VL on the Park and 72 Franklin Street. He emphasized that the on-site units would primarily serve 50% AMI households, while the greatest need is for those below 50% AMI. He noted that the volatile financial climate and lender preferences make the fee-in-lieu option essential for project financing.
• Board members (Morris, Bozak, Smith Anderson, Stein, McManus): Raised concerns about the change from the original approval (which highlighted on-site BMR as a benefit), the timing and location of units produced through the trust fund, and the lack of detailed financial justification for the switch. Some members questioned why the project could not proceed with on-site units given the strong market.
• Public speakers – Opposed: Paul Arvai, Rep. David Michel, Sue Hauper, Rep. Kendra Walston, Monica T. and others argued that on-site units are essential for economic integration, that the trust fund lacks shovel-ready projects, and that the money may sit unused. They emphasized the need for family-sized units and that the Clinton Avenue location (near transit) is ideal for BMR housing.
• Public speakers – In favor: Jonathan Gottlieb (Charter Oak Communities), Richard Friedman (Garden Homes), Kylie Gossman (HDF), Larry Clitch and Rafael Pagan (Pacific House), and others argued that fee-in-lieu money is leveraged 4–5× and produces more units at deeper affordability levels (e.g., 25% AMI), with larger bedrooms and wraparound services. They noted that on-site units are predominantly one-bedroom and inefficient, and that nonprofits have a proven track record of delivering deeply affordable housing within 1–2 years of funding.
• Public speakers – Neutral: Ray Manzo noted that only 30% of projects seek fee-in-lieu, indicating it is not “getting off easy.”

Outcome: The public hearing will remain open until the board’s next meeting (February 5, 2024) for the applicant to provide additional financial details regarding why the on-site BMR units are no longer feasible. No vote was taken.

Key Outcomes

• Approved: Application 223-43 (375 Fairfield Avenue) – site and architectural plans, with conditions. (Unanimous 5‑0)
• Approved: Minutes of January 8, 2024. (4‑0)
• Approved: CSPR 1186 (Mill River Park playground replacement) – with conditions. (5‑0)
• Approved: One-year extension of time for 100 Clinton LLC (application 222-32) to March 27, 2025. (5‑0)
• Approved: One-year extension of time for South End Pacific LLC (application 221-29) to February 23, 2025. (5‑0)
• Continued: CSPR 1185 (29 Waterbury Avenue) – for revised plans.
• Hearing continued: Application 222-32 (Clinton Avenue fee-in-lieu) – kept open for additional financial information to be provided; deliberation scheduled for February 5, 2024.
• Next meeting: February 5, 2024, at 6:30 PM, with a public hearing for 66 Stillwater Avenue (Pacific House project) and continued deliberations on the Clinton Avenue application.