At the September 16 Board of Selectmen meeting, Newtown Conservation Coalition founder Dave Ackert spoke during public participation to ask why the board did not have a recent Conservation Commission recommendation on its agenda.

First Selectman Jeff Capeci answered that though the two-page recommendation was dated July 21, his office only received it in late August. He said it would be a discussion item at a future meeting and would be attached to the minutes of the September 16 meeting.

Capeci said he wanted to seek a legal opinion on the recommendation before adding it to an agenda.

The recommendation states that the Conservation Commission unanimously voted at its June 25 meeting that its members felt that 6 Commerce Road should “be preserved for open space and recreational purposes.”

“We are asking that the town reverse its intent to develop 6 Commerce Road and properly designate the parcel as Town Open Space to satisfy the State of Connecticut requirement for preserving 34.44 acres,” said Ackert.

The 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 reverse its decision designating 6 Commerce as economic development and use it for town open space for recreational purposes.

Ackert noted that earlier this year, State Senator Tony Hwang said he was only waiting for a “nod from the first selectman” to seek getting the designation changed by the state. Hwang also told Ackert he could do it with 500 signatures.

Conservation Commission Chairman Holly Kocet also spoke, saying that the “battle for Commerce Road has gone on far too long,” calling it a “pastoral, environmentally sensitive property that protects Deep Brook.”

“It seems clear it should not be development,” said Kocet.

Resident Joe Hovious said that he has watched the town go zero for three in its attempts to sell the property.

“In baseball, you’d be out,” said Hovious.

Hovious noted preservation made while he served on the Conservation Commission when the town preserved 39, 41, and 43 Queen Street.

“I hope the current Board of Selectmen has the same wisdom in recognizing the Conservation Commission’s recommendation to preserve 6 Commerce Road,” said Hovious.

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