‘Landmark’ Borough Zoning Rules Proposed For Town-Owned Buildings
The Newtown Land Use Agency has submitted to the Borough Zoning Commission (BZC) a proposed set of borough zoning regulations, which could be applied to certain town-owned buildings in the borough that are considered worthy of preservation due to their cultural, historical, and architectural significance.
The regulations are being proposed because certain structures in the borough have value as “borough landmark buildings,” according to the Land Use Agency. That value exceeds the conventional standards of zoning regulations, thus requiring that each site deemed to be a landmark under the proposed regulations be considered as a special case with unique zoning regulations, according to the proposal.
In a statement of purpose, the Land Use Agency says that such landmark buildings should be preserved because doing so is consistent with the sound development of the borough and with the Newtown Plan of Conservation and Development. Specifically, the zoning proposal includes provisions on unique permitted uses, special zoning permit uses, and prohibited uses for each structure designated as a landmark building.
The regulatory proposal includes the application requirements for a landmark building designation, as well as zoning enforcement procedures.
In a January 15 letter to BZC Chairman Douglas Nelson, Newtown Planning Director George Benson wrote, “On December 16, 2019, the Board of Selectmen voted to authorize the First Selectman to request that the Land Use Agency apply to the Borough Zoning Commission for an amendment to the borough (zoning) regulations relative to Edmond Town Hall.”
A 2017 BZC proposal to create landmark zoning was discussed at length, but such zoning never materialized. That proposal focused on Edmond Town Hall.
Edmond Town Hall
Besides creating “landmark” zoning regulations, the Land Use Agency is proposing that Edmond Town Hall at 45 Main Street be the first town-owned building in the borough to receive landmark building status. From its dedication in 1930 until 2009, Edmond Town Hall was the local seat of government.
Across the years, the need for municipal office space exceeded that building’s capacity, with additional municipal office space in use elsewhere. In 2009, the municipal offices at Edmond Town Hall closed, with those offices and other town offices transferred to the town-owned former Bridgeport Hall at Fairfield Hills. The town extensively renovated that building, which had been a kitchen/dining facility at the former state psychiatric hospital, and renamed it Newtown Municipal Center.
Besides its preservational purpose, landmark zoning is planned to create a regulatory mechanism to formalize some existing uses of Edmond Town Hall, as well as broaden the list of its possible uses, toward the goal of increased town revenue.
When the town government used Edmond Town Hall, the town paid rental fees to the Edmond Town Hall Board of Managers to cover the building’s operational costs, representing a substantial amount of the building’s income. After the town government offices closed in 2009, those rental payments stopped, significantly decreasing the revenue generated by the building.
Since 2009, the Board of Managers has had difficulty finding suitable tenants that comply with the restrictions in force in the residential (R) zone where that building is located. The currently applicable residential regulations limit the structure’s use to municipal and nonprofit community uses.
Sheila Torres, the building’s operations manager, said current uses include the main auditorium, where motion pictures are shown and live performances, including concerts and stage shows, are presented; the Alexandria Room, which is rented out for functions, performances, and various activities; and the gymnasium, which is rented out for athletics and various events.
The Catherine Violet Hubbard Foundation has moved into the office space formerly occupied by the town clerk. The Lathrop School of Dance has a dance instruction school in the building. The Chamber of Commerce of Newtown has office space in the building. The Connecticut Homeschool Hub rents space in the building for its activities, including tutoring. The Newtown Visiting Nurse Association operates a thrift shop in Edmond Town Hall. Also, the Newtown Youth Wrestling Association plans to hold practice sessions in the gym for the next three years. The Borough of Newtown has office space in the building.
Ms Torres said that during the 90 years that Edmond Town Hall has been in use, it has been a versatile location. “This building has molded itself to the needs of the community,” she said.
Jennifer Chaudhary, who chairs the building’s Board of Managers, said the town government has asked that the building be as financially independent as possible; its current residential zoning designation makes that a difficult task, placing restrictions on the structure’s possible uses, she said.
Ms Chaudhary said she fully supports the proposed landmark zoning regulations that would broaden the building’s potential uses. The six-member Board of Managers, which is comprised of elected officials, oversees the building’s operation.
Landmark Uses
In its application to convert Edmond Town Hall from residential to landmark zoning, the Land Use Agency proposes “permitted uses” of office space for both for-profit and nonprofit organizations including municipal, clerical, administrative, and non-personal services, as well as professional persons, including some attorneys but excluding medical and dental offices.
Other proposed permitted uses are for-profit and nonprofit events including movies, plays, concerts, banquets, sports activities, thrift shops, and craft and antiques fairs.
Also listed as proposed permitted uses are the rental of the Alexandra Room kitchen to for-profit and nonprofit groups. Dance studios and art studios would be allowed. Also, the sale of alcohol, food, and retail items would be allowed during events. Retail sales would be allowed as an accessory use of the building.
Uses that would require a special zoning permit would include medical offices and child day care facilities.
Prohibited uses would include office space for criminal defense attorneys, permanent retail shops, and permanent restaurants.
In order for a town-owned building in the borough to be considered a candidate for landmark zoning status, the Newtown Board of Selectmen would need to designate that building as a candidate.
Other town-owned buildings in the borough include The Newtown Meeting House at 31 Main Street, Booth Library at 25 Main Street, Town Hall South at 3 Main Street, Newtown Middle School at 11 Queen Street, Hawley School at 29 Church Hill Road, and the former Department of Public Works at 53-A Church Hill Road. Some of those structures might be future candidates for landmark zoning status.
The Planning and Zoning Commission (P&Z) is scheduled to consider the Borough Landmark Buildings (BLB) zoning proposal when it meets at 7:30 pm on Thursday, February 6, at Newtown Senior Center, 8 Simpson Street. The P&Z will not hold a public hearing on the matter. The topic will be discussed among P&Z members who are expected to decide whether the proposed BLB zoning regulations and also the proposal to designate Edmond Town Hall as the first landmark building is consistent with the 2014 Town Plan of Conservation and Development.
Because the borough has no planning agency, the P&Z functions in that role for the borough, making planning recommendations to the BZC.
The BZC is expected to hold a public hearing on March 11 on the landmark zoning regulatory proposal and on the proposal to designate Edmond Town Hall as a Landmark building.