In mixed ruling, judge faults approval of large Farmington apartment project — but dismisses claims of unfairness or bias
The proposal for a massive apartment complex near UConn Health in Farmington has suffered a setback in court, but theoretically could be back on track as early as late this week.
Prattling Pond Road homeowners won a partial victory when Superior Court Judge Matthew Budzik ruled that the town’s wetlands commission made an error when it approved 131 apartments along Route 4.
But Budzik also rejected two substantial components of the neighbors’ lawsuit, and wetlands commissioners on Wednesday night are scheduled to discuss the matter — and possibly issue a revised approval.
It is likely the project will remain delayed in court, however, since neighbors also are pursuing a lawsuit to overturn the separate plan and zoning commission approval.
At issue is whether Geoffrey Sager can build a three-story apartment complex almost directly across Route 4 from UConn Health, the first large-scale, high-density housing project in that immediate area.
Sager’s 402 Farmington Ave. LLC has argued that modern apartments within convenient walking distance are badly needed in the health and technology corridor along Route 4.
In presenting the idea last year, the developer emphasized that the state and town governments have long worked to bring more high-value health sciences and technology employers to that area. The current lineup includes the American Red Cross, the Carrier Corp., Otis Elevator, Stanley Black & Decker UConn Health Center and Jackson Laboratory.
Sager initially proposed a four-story complex with 146 units, but scaled back the number because the plan and zoning approval capped the height at three floors.
Prattling Pond Road homeowners Douglas and Kimberly Zeytoonjian along with numerous neighbors contend the project will damage a quiet neighborhood that was never intended for large-scale multifamily housing.
Despite its proximity to busy Route 4, South Road and Exit 39 of I-84, the Prattling Pond area is largely undisturbed, quiet woodlands. Only a tiny sprinkling of upscale houses break up the forest along Prattling Pond Road, a dead end.
Neighbors have been fighting Sager’s plan for more than a year, and in the spring of 2021 created a Facebook page called Save Farmington — Reject Massive Development, which drew 200 followers. Residents from other neighbors joined in, agreeing with the Zeytoonjians that town planners shouldn’t be allowed to change long-established residential zones to accommodate large developers.
Building a four-story,146-unit apartment complex next to the Prattling Pond section would be entirely unreasonable, homeowner Richard Fichman said during a hearing last summer.
”It’s the size of a football field,” Fichman told the plan and zoning commission. “Imagine a 46-foot-high building being put right behind your homes.”
Planners ultimately agreed that nighttime lighting from a 46-foot building would be intrusive, and approved only a downsized version. The wetlands board also approved it.
The Zeytoonjians have been in court ever since, claiming the municipal reviews were stacked in favor of the developer and asking Budzik to overturn the approvals. The suit against the plan and zoning commission is pending, but at the end of May Budzik ruled in the wetlands case.
Budzik dismissed the allegations that would have automatically triggered an entirely new commission hearing. Instead, his finding leaves the commission to specifically state whether a feasible, prudent alternative exists.
“The court can find no evidence that members’ consideration of the application was ‘casual’ or ‘perfunctory,’ " he wrote. Instead, they “diligently considered the evidence presented by both sides,” he concluded.
The commission meets Wednesday at 7 p.m., and its agenda includes consideration of the case, “including possible modification of the approval resolution.”
