Following lengthy discussion at a heavily attended November 5 public hearing, Planning and Zoning Commission (P&Z) members have approved a controversial change of zone for an eight-acre site at 116 South Main Street, thus allowing a commercial real estate firm to formulate a development proposal for a Tractor Supply Co. store there.

In effect, the P&Z approval converts the property from its current R-1 (Residential) zoning designation to South Main Village Design District (SMVDD) overlay zoning. Additionally, the area where the store would be built would be designated as the Special Design District-4 (SDD-4) for the SMVDD overlay zone.

Based on paperwork submitted by the commercial real estate firm known as NERP Holding and Acquisitions Company, NERP is seeking to build and own a 19,000- to 20,000-square-foot store, which it would rent to Tractor Supply. The store would have an adjacent outdoor fenced display area of up to 20,000 square feet.

The applicant has provided the P&Z with eight different versions of how the proposed store could be situated on the site, which lies on the west side of South Main Street, just south of its intersection with Simm Lane.

The development proposal has drawn criticism from some nearby property owners who charge that the proposed commercial use is not in keeping with the Residential zoning in force on the west side of South Main Street in that area.

Others commented at the November 5 public hearing that a Tractor Supply store would be a good commercial use for the site.

Tractor Supply, which is a major retail chain, typically sells merchandise including home improvement goods, livestock/pet-related products, hardware, tools, lawn-and-garden maintenance items, clothing, footwear, and automotive items, among other merchandise. The firm describes itself as an “agricultural retailer.” The nearest Tractor Supply store is on Route 7 in New Milford.

The November 5 P&Z public hearing covered NERP’s second application for the change of zone. The firm had withdrawn an earlier application that had encountered public opposition and some technical problems.

Having received the change of zone, NERP must now seek a wetlands/watercourses protection permit from the Inland Wetlands Commission (IWC), when considering that the western section of the parcel has extensive wetlands.

Also, NERP also must seek a special permit for the project from the P&Z under the terms of the applicable SMVDD and SDD-4 zoning rules.

Public Comment

During the public comment portion of the hearing, resident Barbara O’Connor of Little Brook Lane said, “I’d love to see Tractor Supply come to Newtown…We need to increase our tax base.”

Lena Sampaio of 120 South Main Street, which abuts 116 South Main Street, presented the P&Z with a petition listing several dozen people opposing the project, naming quality-of-life issues and property value issues as their concerns.

P&Z Chairman Robert Mulholland later invalidated that entire petition, after an Appleblossom Lane resident said that although her name was listed on the petition, she had not signed the document.

Chuck Newman of Planter’s Choice Nursery of 140 Huntingtown Road said there is a local need for a store such a Tractor Supply.

Brian Nadro of 112 South Main Street, which abuts 116 South Main Street, said of the proposed store, “This is going to affect our quality of life, big time.”

Having a store next door would damage his privacy, he said.

“It’s a residential zone,” he stressed, in urging the P&Z to reject the requested change of zone.

Attorney Christopher Russo represented 111 South Main Street, LLC, which owns commercial property at that address. That property holds Fair Auto Supply and Newtown Florist.

Mr Russo told P&Z members that the rezoning application does not conform with the 2014 Town Plan of Conservation and Development.

Also, a circa 1810 house on the site has historic value and should be preserved, he said. The house and some outbuildings on the site would be demolished to make way for the store.

Under the proposal, NERP would buy 116 South Main Street from current owners John Mead and Nicole Buxton.

George Benson, town director of planning, stressed that the house is not within a historic district.

Mr Mulholland said that although the house is “old,” it is not “historic.”

Mr Russo said the proposed store would not be in architectural harmony with residential buildings in the area.

During the P&Z’s deliberations on the application, Mr Mulholland said, “This is the type of economic development that we are trying to encourage.”

P&Z members then agreed that the change of zone is consistent with the town plan, and unanimously approved the application.

That approval includes a set of customized zoning regulations that would exclusively apply to the proposed development.