Simsbury selectmen decline sale of 0.36-acre town parcel at Firetown Road and Owens Brook

The Simsbury Board of Selectmen voted 1–5 on March 24 to reject a proposal to sell a 0.36-acre town-owned parcel at the northwest corner of Firetown Road and Owens Brook Boulevard.

During the public-audience portion of the meeting, residents and Open Space Committee members criticized the proposal and the town’s handling of the request, raising concerns about notice, price and the terms of a proposed conservation restriction. Helen Peterson, a member of the Open Space Committee, told the board the submission by town staff had misstated expected income and price: “the submission by the town manager and staff suggesting that the income from the sale would be several hundred dollars a year when in truth it would be only $50 a year. And as for the sale price of 15,000 when the appraisal is 72,000, this is absurd and...an absurd and dangerous precedent.”

Susan Messino, another Open Space Committee member, said the proposed conservation restriction appeared to permit a fence, a shed and an expansion of the existing house, and urged the board to consider alternatives such as a lifetime lease or use by a town organization. “I just wanna say as a member of OpenSpace...this is not—I've never heard of a conservation easement that the purpose of it is to allow someone a fence, a shed, and an expansion of their house,” she said.

Resident Steven Antonio defended his family’s longtime presence in town and said staff and neighbors should work together: “I am proud of all the cost savings our board has created for our town,” he told the board, adding that he responds to zoning inquiries and had followed up on a questioned sign.

Town Manager Mark Nelson briefed the board on legal and procedural issues, saying the critical legal question was whether the parcel is covered by the town’s open-space provisions. Nelson said the town attorney’s interpretation was that the property was not legally designated as open space under the current language and that, if the board wanted more permanent limitations, a conservation restriction or deed restriction could be drafted to run with the land. “If this board approves it with a deed restriction, that's it. It can't be undone...and that's the whole point,” Nelson told the board.

Selectmen debated both the transaction and the broader policy questions it exposed. Several members said the town’s open-space guidance (a document referenced as section 21a in board discussion) lacked clarity about which parcels are treated as protected open space and that notification to abutters and a formalized referral process needed improvement. One selectman said staff and Open Space should work together to update procedures and that certified notices to near neighbors would be appropriate going forward.

After amendments and debate, the board voted on a motion to approve the sale contingent on merger with the purchaser’s adjacent parcel and the placing of a conservation restriction that would, as proposed, have excluded certain minor uses; the motion failed by a 1–5 margin.

The defeat of the motion means the town will not convey the parcel under the terms presented that night. Board members and staff said they will continue work on clarifying the town’s open-space policy, improving public notice procedures and coordinating with the Open Space Committee on parcel-by-parcel recommendations.

Votes at a glance Motion: Approve sale of 0.36-acre parcel at NW corner of Firetown Road and Owens Brook Boulevard to Joseph D'Onofalo, contingent on merger and conservation restriction (as presented). Outcome: Failed Tally: Yes 1, No 5 Notes: Motion would have placed a conservation restriction that, as drafted, allowed certain limited exclusions; board declined to approve the sale as written.

Clarifying details - Proposed sale price mentioned in public comment: $15,000 (source: Helen Peterson). - Appraisal mentioned in public comment: $72,000 (source: Helen Peterson). - Claimed town income from parcel (disputed): “several hundred dollars a year” in staff memo vs. resident testimony that revenue would be $50 per year (source: Helen Peterson). - Purchaser named in staff motion: Joseph D'Onofalo (address cited in staff motion: 215 Firetown Road).

Why it matters The discussion highlighted gaps between the town’s informal practice and the written guidance for treating small town-owned parcels, and residents pressed the board for clearer, written policy on notice, valuation and when town land may be sold. The board instructed staff to work with the Open Space Committee on policy clarifications and to improve notification procedures.

Ending Town staff said they will draft proposed amendments to the town’s open-space guidance and consider using certified mail or other notice methods for future parcels; any change in policy or ordinance language would return to the board for review.