By Rit Carter
An alleged botched handling of a permit to build an oil change facility on Farmington Avenue has led to a contractor suing the city of Bristol, according to Superior Court documents obtained by the TBE.
The court documents allege that after initially approving a permit for a developer to build an oil change facility on Farmington Avenue in December 2022, the City of Bristol reversed course and denied the permit in May 2023 after the developer purchased the property and the construction was completed.
On Dec. 6, 2022, the Bristol Zoning Board of Appeals approved an application for a General Repair License for EOC Development LLC of Tolland to build a 2,695-square-foot oil change and emission testing facility.
Located at 735 Farmington Ave., between Collier and Morris avenues and across from the street from True Value, “Express Oil Change,” was expected to service 10 to 12 cars an hour.
The plan, as outlined before the Bristol Zoning Commission, called for EOC to purchase the property, demolish the two existing buildings and erect a new one with a basement, three bays and ample space for queuing vehicles so they would not overflow onto Route 6.
The following day, the Zoning Board of Appeals provided a Certificate of Approval and instructed EOC to record the certificate on Bristol’s land records.
However, according to the documents, prior to the Zoning Commission hearing on Dec. 12, 2022, Commissioner Richard Harlow questioned if the property was in an aquifer-protected area.
An Aquifer Protection Area, as defined by the Connecticut Department of Energy & Environmental Protection, is a designated area around a wellfield, recharge area or surface water intake that is intended to protect the quality of the groundwater that supplies drinking water to the public. Connecticut has 123 existing aquifer protection areas, including one in Bristol.
The Aquifer protected area referred to by Harlow is Upper White’s Bridge/Lower White’s Bridge, which includes the New Britain Water Supply area on Mix Street and extends along Farmington Avenue to just after Haig Avenue.
According to the lawsuit, despite the question of the aquifer issue being raised, the Zoning Board, whose members are also members of the Bristol Aquifer Protection Agency, approved of the plan.
There were five stipulations, one of which included EOC registering with the Bristol Aquifer Protection Agency
Court documents allege that on Dec. 14, 2022, Robert Flanagan, the City Planner, through the Zoning Commission, informed EOC in writing that their permit was approved, and they were to register with the Aquafer Protection Agency.
After the letter was issued, EOC purchased 735 Farmington Ave. on Feb. 10, 2023, according to property records.
On April 6, 2023, the City of Bristol issued EOC a building permit.
However, at the monthly meeting of the Aquifer Protection Agency on June 28, the commissioners denied EOC’s application because, according to the meeting minutes, “newly regulated activities are prohibited from locating within the existing aquifer protection area of 2023.”
Why the proposal advanced as far as it did before being turned down is not known. The TBE’s Jack Krampitz reached out to the city of Bristol, and they would not comment because the matter is being adjudicated.
The documents on file with the Superior Court allege that the city of Bristol improperly denied the application, failed to adequately state within the record its reasons and findings in support of its denial of the application, it acted without substantial, sufficient or adequate evidence and it acted in contravention of the evidence and testimony contained within the court record.
The plaintiff, EOC, is seeking a reversal of the decision rather than monetary damages.
The next scheduled court date is Feb. 1, 2024. Click here for a link to the case and documents.
All TBE readers, supporters and donors
The Bristol Edition will be limiting the number of stories non-members and free readers may access each week. This decision is based on our financial projections and, most certainly, to remind people that TBE is serious about providing accurate, timely and thorough reporting for Bristol. To do this we have devised a financial support structure that makes unlimited access extremely affordable, beginning with a $6 monthly donation.
- Non-members will be able to access four (4) articles per week.
- Free readers and people who have subscribed by email will be able to access four (4) articles per week.
- Donors and financial supporters will have unlimited access as long as they log in.
Note: Donors may have to contact TBE if they find they are being limited, since we will need to set up a membership account for you. Email editor@bristoledition.org for instructions. Sorry for any inconvenience. People with financial difficulties may write editor@bristoledition.org to be considered for free access.
