Legal Facts on 804 Fountain Street
BACKGROUND
A developer has applied to construct a multi-unit apartment building at 804 Fountain Street, which is under review by the Woodbridge Town Plan & Zoning Commission (TPZ).
APPLICATION REVIEW PROCESS
TPZ’s role is to determine whether to deny or approve this application.
The Board of Selectmen does not have the authority to make land use decisions related to privately-owned property. It is clear in both Connecticut General Statute §8-2 (as adopted within Woodbridge, CT, Charter) that TPZ retains sole authority.
The Board of Selectmen cannot take any action to reverse zoning regulations, and sole authority rests with TPZ pursuant to Connecticut General Statute §8-3. Any appeal to the TPZ decision would be filed in Connecticut Superior Court.
The First Selectman is considered an ex officio member of all commissions and committees in Woodbridge, including TPZ, but does not have the power to vote, pursuant to Connecticut General Statute §7-12a and our Woodbridge, CT, Charter §5-3(c). (The only exception is if there is a tie vote on the Board of Finance).
BOARD OF SELECTMEN’S POSITION
Following legal advice, no members of the Board of Selectmen have made public comment regarding the pending 804 Fountain Street application to date. The entire Board of Selectmen, Republican, Democrat, and Unaffiliated, including First Selectman Mica Cardozo, were advised by defense counsel in the civil lawsuit Open Communities Alliance (OCA) v. Town Plan and Zoning Commission of Woodbridge, NNH-CV22-6126245-S, to not make public comment on the pending 804 Fountain Street application.
First Selectman Mica Cardozo has offered a general statement regard process, as seen within “A Message From the First Selectman” email sent on September 11, 2025, excerpted below:
“Our focus on the BOS is to uphold the rights of our residents under the law, and ensure our laws are followed regarding the statutory processes. That said, as your First Selectman, I want to be clear that Isupport thoughtfully expanding diverse housing and commercial opportunities in Woodbridge, particularly options that meet the needs of our workforce, seniors, young professionals, and others. At the same time, it is appropriate and necessary for concerns like those raised by our public safety officials about any large development to be carefully reviewed and resolved through the proper public process.”
WDTC POSITION
The WDTC cannot support the development at 804 Fountain Street as proposed, given significant concerns raised about public safety, the environment impact, and the design of the project.
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