Editor's Note 1/9/2026: This article has been edited from print to fix a typo on the name of Deep Brook. Additionally, after the January 5 selectmen meeting, the Town Attorney said that P&Z approval is not necessary for the deed restriction change.

The Board of Selectmen at its January 5 meeting approved the change of the deed restriction for 6 Commerce Road from economic development to open space and recreation, nearly wrapping up more than 20 years of questions about the fate of the property. The one final question is whether the change needs approval from the Planning & Zoning Commission.

The Board of Selectmen tabled the change at its December meeting following questions raised by Selectman Jeff Capeci about how the change to the deed went from his original understanding that the economic development restriction be removed with no further restrictions put on, to having the restriction for open space and recreation added.

The 6 Commerce Road property was conveyed to the town in 2003 by the state, along with 8 Commerce Road, which later became Catherine Violet Hubbard Sanctuary. The 6 Commerce property had a restriction for economic development and the 8 Commerce property had a restriction for open space. The 8 Commerce property was conveyed to CVH Foundation in 2014, and in 2024 the Conservation Commission, in a push to get 6 Commerce Road used as open space, noted that the CVH sanctuary should count as economic development instead of open space since it is not town owned and has no restrictions common to open space properties. That began a process where the town went to the state seeking a removal of the economic development deed restriction from the 6 Commerce property, which was signed by Governor Lamont as part of an omnibus bill in May 2025.

The change already had to endure some delays and alterations, as the dimensions of the property in the state deed did not match with the town, particularly after some changes like the access road for Catherine Violet Hubbard Sanctuary, and those alterations were added in.

At the January 5 meeting, Selectman Paul Lundquist noted a number of previous developments that tried and failed to go in at the property, including the town’s original idea for an 11-building industrial park that would have used most of the property and had large effects on the nearby Deep Brook, which, according to representatives of Trout Unlimited, is one of only nine Class 1 wild streams in the state, and is a stable, sustainable habitat for trout.

Lundquist also noted that the wording for open space originated for the Board of Selectmen’s letter requesting the change last year. It also had support from State Representative Mitch Bolinsky, State Senator Tony Hwang, and many speakers at a public hearing last April.

“From my perspective, this outcome did not come from one individual but from strong and vocal support from the public,” said Lundquist.

Several members of the public did come to speak in favor of the deed modification for open space during public participation.

Resident Dan Holmes said he wanted to make sure to attend the meeting, even if no decision was made, because he didn’t want the decision to be made “behind closed doors or under our noses.”

He addressed the concerns of some who wanted to see economic development on the property, noting they saw it as a “missed opportunity.” However, Holmes said he saw the property as a chance to preserve habitat for animals and plant life already benefiting from the neighboring Catherine Violet Hubbard Sanctuary.

“This will stand for many generations, saying intelligent and thoughtful people made the right decision and decided to put the condominiums, apartments, etc, somewhere else,” said Holmes. “Preservation is priceless.”

Resident and Conservation Commission Chairman Holly Kocet said that the property, as open space, would protect the natural stream, conserve wetlands, and enhance passive recreational opportunities in town.

Neil Baldino, a resident and vice president of Trout Unlimited, said that the temperature at Steel Brook is rising — three degrees in the past ten years — and was nearing its stress point for the trout living in the brook.

“Any development could tip the scales,” said Baldino. “It’s vital that 6 Commerce be deemed open space and stay that way.”

CVH Sanctuary President Jenny Hubbard said that the town should “focus forward on oversight planning and stewardship of this precious resource.

“As an environmental and community asset, open and recreational spaces provide balance, they protect natural systems, support public wellbeing, and ensure that the growth elsewhere does not come at the expense of the qualities that make this town resilient and livable,” said Hubbard. “The 6 Commerce Road parcel represents an opportunity for intentional forward-looking planning.”

Capeci read a letter into the record from Charles Gardner, who noted that the Town Charter requires Planning & Zoning to approve any changes to deeds. Capeci requested that the BOS approval be made contingent on P&Z approval, but neither Lundquist nor First Selectman Bruce Walczak felt that was necessary. Both agreed that P&Z approval, if required, would be a next step and was not needed to be mentioned in the BOS approval, much like how budgetary items go through the BOS, Board of Finance, and Legislative Council.

Walczak agreed to find out from the town attorney if P&Z approval was necessary.

The board approved the modification 2-1, with Capeci voting against. Capeci at the December selectmen meeting objected to the change, feeling that restricting the property to open space instead of leaving economic development as an option would be forgoing a “$4 million” opportunity to bring additional taxes to the tax rolls.

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