With the passage of omnibus appropriations bill, this means that Special Act Number 25.15, An Act Changing The Authorized Use Of A Parcel Of State Land Previously Conveyed To The Town Of Newtown, the controversial property 6 Commerce Road can now be used as open space. It is good to see this come to fruition as it seems to have a high amount of support among residents.

The text of the act is, "(a) Notwithstanding a certain restriction contained in the deed from the state of Connecticut to the town of Newtown dated July 16, 2004, and recorded in Volume 822 at Pages 632 to 638, inclusive, of the town of Newtown Land Records, which requires the town of Newtown to use the parcel of land described as Parcel B in said deed for economic development purposes only, said restriction is released, is relinquished and has no further force and effect, subject to the provisions of subsection (b) of this section.

"(b) The town of Newtown shall use said parcel for open space or recreational purposes only. If at any time the parcel is used for any purpose other than open space or recreation, the parcel shall revert to the state of Connecticut.

"(c) The State Treasurer shall execute and deliver any instrument necessary to carry out the purposes of subsections (a) and (b) of this section."

Among residents who disagree was one letter to the editor writer, who wrote a few weeks ago that the town was "walking away" from the tax revenue on a property appraised at roughly $4 million. Simpson raises some good points in his letter, but sometimes in difficult decisions, either decision has large upsides and the choice becomes which is more up-sidey, so to speak. Or at least which has broader support in the community. There's always a trade off.

The proximity of 6 Commerce to the Catherine Violet Hubbard Sanctuary as well as the Deep Brook watershed means that the property becomes part of a large swath of open space and natural beauty. The property helps protect Deep Brook, a Class A trout stream.

The 6 Commerce Road property was conveyed to the Town in 2003 for economic development, along with 8 Commerce Road, which was slated for open space.

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 at 8 Commerce Road 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 last year wrote a recommendation that said the group felt that the economic development parcel, located at 6 Commerce Road, 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,” stated 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."

Members of the Board of Selectmen at its June 16 meeting expressed some concern over the language of the act, which states that the property is now required to be open space, or else ownership would revert to the state. Capeci conjectured it was likely because the wording was edited from the original act. Capeci intends to seek clarification as the text "changes the intent." The town sought to make open space an option for the property, while not yet looking to totally preclude economic development.

The town's boards and commissions will be discussing "next steps" for the property at future meetings.