To the Editor:

The Planning and Zoning Commission has received a special exception request from a major developer, Wharton Equity, which seeks to build a 345,000 square foot warehouse with 76 trailer truck bays on a 103-acre lot near the intersection of routes 25 and 6. The developer has declined to identify the tenant(s) for the site, which could be operational 24/7/365.

The site is zoned M-2A. Under zoning regulations, the “purpose and intent of the M-2A Zone is to provide for significant economic development activities without adversely impacting the basic character of the surrounding neighborhood or overburdening the natural or built environment. It is intended that the land in the district will be developed as a cohesive unit where the development of any parcel will complement the district as a whole. A pedestrian- friendly environment and transit access must be considered in the design of the site.”

There are 4 “permitted uses” of property in M-2A, none of which cover the proposed use. Therefore, Wharton needs a “special exception” to permit use for a “distribution center, warehouse or wholesale business.” Special exceptions have to meet additional standards described elsewhere in the regs (Part 11).

However, nowhere are there any details on the scope of a warehouse or distribution center. Is the special exception intended to cover a 20,000 sq ft warehouse that receives one truck a day or an Amazon type of round-the-clock hub from which smaller trucks pick up stored items for “last mile” delivery to the consumer? Since there are no clear limits, members of the P and Z have a duty to consider the special exception request in light of the “purpose and intent” of M-2A zoning and the standards in Part 11.

Wharton is represented by a Hartford law firm. In a presentation about special exceptions made to another Connecticut town, it stated that the “Special permit process permits a generally compatible use in a zoning district but because of the nature of the proposed use, special attention must be given to its location and method of operation in order to keep such special uses compatible with uses as of right in that district.”

If anyone tells you, “Well, we have to approve it, it complies with regulations,” that isn’t correct, at least not yet. The process for granting a special exception requires P and Z members to perform thorough due diligence, be transparent about the basis for any decision, and exercise judgment about whether the benefits of the proposal (such as an increase in the tax base) outweigh the negative impact.

This decision will impact all of Newtown because nothing will prevent tractor trailers from using any road that speeds their route at any hour or from using exits 8, 10 and 11 from 84. P and Z can deny the request for a special exception or set a variety of conditions for its approval, including scaling down the project.

Please make your opinions known and ask hard questions about aspects of this proposal that concern you.

Elizabeth Neuwirth

Newtown