735 Farmington Ave. property case versus the city receives new schedule from New Britain court

The property on Farmington Avenue that is involved in a lawsuit with the city. | David Fortier

Posted By: David Fortier April 17, 2024

A case involving the property at 735 Farmington Ave. and the City of Bristol, Aquifer Protection Agency has had its schedule modified, according to court documents dated April 10.

Both the plaintiff in the case, EOC Development LLC, and the defendant in the case, the City of Bristol, requested the change. A mediation session had been scheduled on April 25, one day after the plaintiff’s brief is due.

“Given that the Plaintiff and the Defendants do not want to waste judicial resources and expend unnecessary sums of money prior to mediation, the Plaintiff and the Defendants jointly move for an order modifying the Amended Scheduling Order,” the document states.

The new dates for the filing of the Plaintiff’s initial brief is May 29, for the Defendant’s brief, June 28 and Plaintiff’s reply by July 12.

Counsels for the plaintiff and defendant appeared before Judge Matthew Budzik for a status conference on Oct. 10, 2023, when it was agreed that the two parties would attempt to resolve the action, along with other related claims by private mediation before Judge Marshall Berger, Jr.

On March 12, the parties met with Berger and determined that additional information from third parties would be needed to continue the discussions. A second meditation session was scheduled for April 25.

The original complaint was filed with the New Britain court by Attorney Elizabeth M. Cristofaro of the Hartford law firm of Ford & Paulekas of behalf of EOC Development LLC on July 7, 2023. The plaintiff requests the decision of the city’s Aquifer Protection Agency reverse its decision to deny the company’s application for a motor vehicle repair and service facility at 735 Farmington Ave., including costs for bringing the suit.

The complaint recounts the deliberations of the Aquifer Protection Agency as the following: on Dec. 6, 2022, the city’s Zoning Commission approved an application for a general repairer’s license; on Dec. 7, 2022, the Zoning Board of Appeals provided a certificate of approval; on Dec. 12, 2022, the Zoning Commission voted two applications–a special permit and a site plan.

Prior to the Dec. 12 hearing, questions were raised about whether the property was in aquifer protected area and it was determined that it was, according to the complaint.

During the Dec. 12 meeting, the complaint cites “at no point were any questions raised that the aquifer protected area would not permit the property to be used as plaintiff sought via its application. Instead, plaintiff was simply informed that a permit related to the aquifer protected area would have to be obtained prior to opening the business.”

Also, at the Dec. 12, meeting, the complaint states the Zoning Committee, whose members also form the Bristol Aquifer Protection Agency, approved the special permit and the site plan, the latter with five stipulations, including registration with the aquifer protection agency before beginning to operate.

A follow up letter on Dec. 14, according to the complaint, was sent from the Zoning Commission and city planner to the plaintiff stating that the site plan was approved, with several stipulations, including proper registration, to be completed. At the same time, the letter informed the plaintiff that its application for special permit had been approved and the plaintiff should have the decision recorded on the Bristol land records.

Following this decision, the complaint states the city issued a building permit on April 6, 2023, and the plaintiff began construction, while submitting its application for registration with the Bristol Aquifer Protection Agency.

At a hearing before the aquifer agency, on June 28, according to the complaint, the plaintiff’s application to register its business on the property was denied because “the Plaintiff’s proposed use is a regulated activity and prohibited in the protected aquifer area.”

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