STAMFORD -- A developer's attempt to jump-start a stalled North Stamford development has run up against a legal hurdle.
An unofficial May 9 memo from the city's law department argues the Windermere on the Lake development plan should be considered "null and void" because the project's zoning approval has expired.
The Zoning Board initially approved the luxury cluster development in 2006, granting the developer a three-year window to apply for building permits or an extension. But in an apparent oversight by the previous developer, an extension request was never filed.
Of the 24 homes approved for Windermere, four have been built and sold. In March, developer and Conair executive Leandro Rizzuto Jr. purchased the remaining 49 undeveloped acres of the property on Erskine Road for $4.8 million.
Rizzuto has been seeking a zoning amendment that would give developers of certain projects an unlimited amount of time to finish them. Among the questions raised by the city's land-use bureau to the law department was whether the Zoning Board could somehow retroactively reinstate Windermere's approval. But after examining court precedents, the law department ruled out such a possibility.
The memo also clarified a recent state statute that extends zoning approvals for projects prior to 2011, saying it applies only to site plans that had not yet expired. Moreover, the memo pointed out that Stamford's zoning and planning procedures are governed by the city's charter, rather than state law.
The memo, which was drafted by John Mullin, the city's assistant corporation counsel, has not been officially released. It was sent to zoning board members last week but subsequently recalled.
Norman Cole, the city's land-use bureau chief, said he was told that Joseph Capalbo, the director of legal affairs, had not had a chance to review the document.
Capalbo did not return a call seeking comment.
But pending any significant changes to the memo, Windermere appears headed for a contentious zoning review.
Residents in North Stamford have long maintained that the development's community septic system poses a hazard to the area's drinking water supply, a charge that city officials have repeatedly said is baseless and unfounded.
The four families living at Windermere are also expected to scrutinize the developer's plans. At a hearing last month, several homeowners criticized Rizzuto for his lack of attention to the property.
On Monday night, following a request from Rizzuto's attorney, the Zoning Board postponed a scheduled hearing on the developer's zoning amendment.
The hearing is now scheduled for June 4.
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