With outstanding questions on how to change a requirement on 6 Commerce Road that it be used for economic development, and whether the requirement for economic development may have already been met by The Catherine Violet Hubbard Animal Sanctuary at 8 Commerce, the Legislative Council at its October 9 meeting tabled any action.

The council’s action came two days after the Board of Selectmen voted 2-1 to write a letter to the state legislature asking it to remove the economic development requirement from the property. The action followed a July recommendation from the Conservation Commission to designate 6 Commerce as open space.

Councilman Chris Gardner noted that the council had been asked by Newtown Conservation Coalition — a local grassroots group separate from the town’s Conservation Commission — to endorse the Conservation Commission’s recommendation to protect and preserve 6 Commerce as open space. While Gardner was supportive of using 6 Commerce as open space, he felt action by the Legislative Council was premature.

“We’re not there yet,” said Gardner.

Earlier in the meeting Dave Ackert, founder of the Conservation Coalition, reiterated the Conservation Commission’s assertion that the town had already met the economic development requirement when The Catherine Violet Hubbard Animal Sanctuary was built on 8 Commerce Road. Ackert asked the council to direct the town attorney to meet with the state Department of Agriculture, Department of Energy and Environmental Protection, and other relevant agencies to ascertain whether the state would agree that the town had already met its obligations for economic development and could freely use 6 Commerce Road as open space.

Holly Kocet, chair of the Conservation Commission, said her commission’s position is that the town has already met its obligation and there is “no reason for 6 Commerce not to be used as open space.”

Jenny Hubbard, founder and director of The Catherine Violet Hubbard Animal Sanctuary, also urged the council to follow the Conservation Commission’s recommendation and “find a solution that bridges that gap and resolves the conflicts that exist.”

Resident Ned Simpson voiced opposition to using 6 Commerce as open space, saying the town would be losing out on potentially $1 million on the sale and approximately $5 million in taxes over the next 10 years.

“I encourage you to stay the course,” said Simpson.

Resident Wes Thompson, a former chair of the Economic Development Commission, agreed with Simpson, saying that the town would be losing 6 Commerce as a potentially taxable parcel that could generate ongoing revenue, and said the property should be used for the “highest and best use.”

Resident Mark D’Amico said the revenue that a property could bring in was not the only consideration; but how much of a tax burden a new development could create should also be considered. D’Amico said that the Catherine Violet Hubbard Animal Sanctuary not only brought in tax revenue but was a tax gain, while other proposals for development could place a burden of expenses on the town outweighed by potential revenue.

The Conservation Commission recommendation states that when the 6 and 8 Commerce Road properties were conveyed to the town in 2003, that it was “clearly intended that our town receive 34.44 acres for preservation as open space.” It notes that 8 Commerce was given to the town for open space and 6 Commerce for economic development. While there are provisions for the land to be returned to the state if 8 Commerce was not used as open space, there is “no such provision” if 6 Commerce is not used for economic development.

“While 6 Commerce Road was conveyed to the town for the purpose of economic development, no special act requires the 37.54 acre parcel to revert back to the state nor is there any other penalty if it is not used for the purpose of economic development,” states the recommendation.

In 2006, the town asked the state to reallocate a $500K STEAP grant from 6 Commerce and use it towards the Fairfield Hills property. In 2011, the Conservation Commission learned that paperwork from the Connecticut legislature, intended to convey the 34.44 acre property for open space, had been in the town’s possession since 2009. In 2014, the 34.44 acre parcel was conveyed to The Catherine Violet Hubbard Foundation for a sanctuary.

The Conservation Commission in its recommendation felt that the economic development parcel should have been given to the CVH sanctuary, since it could count as economic development.

“In our view, the Hubbard Foundation should have received a parcel properly designated as economic development,” states the recommendation. “It cannot be considered open space since it does not have the protections given to open space and is not town-owned property. It is a fact that our town lost out on the 34.44 acre open space parcel as originally intended by the state. It is also clear that the state gave serious consideration and direction that this parcel should be preserved as open space by inclusion of a requirement that the parcel would revert back to the state if not used for this purpose.

It ends by recommending that the town ask the state to reverse its decision designating 6 Commerce as economic development and use it for town open space for recreational purposes.

The Legislative Council is expected to continue discussion of the 6 Commerce Road property at future meetings.

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Editor Jim Taylor can be reached at jim@thebee.com.