Judge orders proposed 142-unit Farmington apartment development back for consideration

The developer, 402 Farmington Ave. LLC, applied for a permit to conduct regulated activities near wetlands on the 16.7-acre property, which is mostly wooded. The project includes a stormwater management system and a garage with 221 parking spaces. The commission unanimously approved a wetlands permit for the project on April 7, 2021. On May 31, Superior Court Judge Matthew J. Budzik issued a memorandum of decision dismissing the plaintiffs’ claims about “fundamental fairness” and “predetermination.” Budzik said in his decision that the commission’s review of the application was “quite diligent” and there was no evidence of a fundamentally unfair hearing process or predetermination. Also, he said the commission did not violate state statute. Consideration and possible action based on the court’s decision is on the agenda for the commission’s meeting at 7 p.m. June 15.


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