The Borough of Newtown Zoning Commission conducted a public hearing over Zoom, on April 14, for the Town of Newtown’s application to add Article 13, Borough Landmark Buildings Floating Zone, to zoning regulations.

According to the meeting’s agenda, the regulation would “establish a procedure for the Newtown Board of Selectmen to request that specific municipal buildings be designated as landmark buildings.”

A second application was also brought forth as the Town of Newtown was also looking to apply Article 13 to Edmond Town Hall for a landmark building designation with proposed permitted uses.

Borough Landmark Buildings

Borough Zoning Commission member David Francis explained that the purpose of a floating zone “is to preserve the cultural, historical, and architectural heritage of the municipal buildings within the Borough of Newtown.

“In so doing, it is recognized that certain structures and land areas have value as Borough landmark buildings, which value transcends the ordinary standards incorporated in the zoning regulations and, therefore, requires each individual site be considered a special case.

“It is declared to be the policy of this regulation that significant municipal landmark buildings within the Borough should be preserved, insofar as doing is consistent with the sound development of the Borough of Newtown, in accordance with the policies of the Newtown Plan of Conservation and Development.”

Francis went on to define “Borough Landmark Building” as a designation available to a municipal building.

“The Town of Newtown, by vote of the Board of Selectmen, must first request that a municipal building be considered for designation as a landmark building. In order to approve a Borough Landmark Building, the commission shall determine on the basis of factual [data] and expert opinion, that the building possesses a degree of historic significance, architectural uniqueness, and cultural value which would represent a severe cultural loss to the community if destroyed or altered, and that the preservation of the landmark building warrants special zoning regulations for its protection and proper use. These regulations only apply to the uses of a building; the property must comply with all other applicable zoning, historic, and village district regulations,” Francis read from Article 13.

The new article also detailed that a specific list of permitted uses would be created for each landmark building and that the Borough Zoning Commission may permit any use or combination of uses currently allowed in the Borough.

Subsequently, Francis read the application requirements for landmark building designation and the enforcement procedures.

Borough Zoning Commission Chair Douglas Nelson then read a letter sent in for the record from Planning and Zoning Commission Chair Don Mitchell about the applications. In it, Mitchell stated that his commission voted to recommend the approval of both referrals.

George Benson, director of planning for the Land Use Agency, said that work has been going on for more than five years to find a way to allow the current uses at Edmond Town Hall to continue, as well as allow more flexibility for Edmond Town Hall to rent out spaces within the building.

As a result, the Borough floating zone concept was considered.

“Landmark floating zones have been used in different towns — it’s been used in New Milford; it’s also been used in New York City, and I think New Haven — to protect the historic buildings in downtown areas…” Benson said. “Originally, we were going to try to change Edmond Town Hall to a business zone, but we didn’t want to open it up to all those uses. We want to be more specific and give the commission more power basically to determine exactly what would happen at Edmond Town Hall.”

Benson added that there would be different uses allowed because each building — if they decide to add more — would be unique.

During public participation, former First Selectmen Herb Rosenthal said he wanted to commend those involved in creating the Borough Landmark Buildings Floating Zone and for considering the Edmond Town Hall as one of those buildings.

He said that as a member of the Board of Managers for Edmond Town Hall and a Main Street resident, he has a vested interest in it and hopes it is approved.

Newtown resident Sheila Torres, who is also operations manager of Edmond Town Hall, said she would like to echo Rosenthal’s sentiments.

“It is always a challenge to keep the building going. It’s an old building and it has a lot of needs, and to the degree that we can gain some flexibility in how to generate revenue to keep the building alive and operating and useful to the community, I really do appreciate your support for these proposed changes,” Torres said.

Dodgingtown resident Jen Rogers, who ran the Sunday Cinema series at Edmond Town Hall, wondered if the approved uses for the building would “be broad enough that the Edmond Town Hall doesn’t have to keep coming to Borough to get approval for everything they want to try?”

She gave the example of the drive-in accommodation that they were able to do last summer that brought in people from town and out of town.

Main Street resident Jennifer Guman, who is the vice president of the Edmond Town Hall Board of Managers, read a prepared statement and specified she was speaking as an individual passionate about maintaining Edmond Town Hall as a historical landmark.

“This proposal can benefit both the Borough and the Edmond Town Hall. The extra income that can be generated by these allowances will help preserve the look and feel of both the exterior and interior of this building that has become the heart of Newtown,” Guman said.

She added that she feels the specific uses “will enhance our community.”

Edmond Town Hall

The second phase of discussion was for the Edmond Town Hall’s application for Landmark Building designation, then the specifics on its permitted uses.

In the application, it is noted that the Edmond Town Hall is listed on the National Register of Historic Places and was a gift from Newtown benefactor Mary Elizabeth Hawley. The building is named after her great-grandfather, Judge William Edmond.

The Edmond Town Hall is in a residential zone where the allowed uses are said to be limited to municipal and nonprofit community uses.

The application goes on to say, “From the Edmond Town Hall dedication in 1930 to 2009, the Town of Newtown municipal offices were located in the building. The town rent paid to the Board of Managers was a substantial portion of the Hall income. Since 2009, the Board of Managers has had issues finding tenants that comply with the allowed uses. The purpose of this application is to allow additional uses than are currently allowed at Edmond Town Hall.”

The list of permitted uses in the application includes, “1. Offices, including municipal, clerical, administrative, non-personal service, and professional persons; 2. Profit and nonprofit events including, but not limited to, movies, plays, concerts, banquets, sports activities, thrift shops, craft and antique fairs; 3. Rental of Alexandria Room kitchen for onsite food preparation to be consumed off premises; 4. Dance and art studios; 5. Alcohol, food, and retail sales during events; 6. Child day care.”

Benson summarized, “I think it covers everything we really want to get in the Edmond Town Hall and what’s there already.”

There was discussion of the phrasing “non-personal service,” brought up in point one.

The term was deemed to be ambiguous, and Benson said it is not defined in the Borough zoning laws.

While there is not a definition for “non-personal service” in the town regulations, Nelson explained there is a definition of a “personal service establishment.”

“Basically, what it says is an establishment engaged in providing a service involving the care of a person, his or her apparel, or his or her pet, including a barber shop, beauty parlor, day spa, nail salon, health club, fitness center, gymnastics, shoe repair or tailoring or dressmaking, photographic studio, apparel rental services, counseling, and pet grooming, provided pets are not kept overnight,” Nelson said. “So, when you talk about non-personal services it would not include any of those that are mentioned.”

Monte Frank, Borough Zoning Counsel, said he believes they should delete the phrase “non-personal service.”

Rogers brought up the point, “If we can’t define it, why put it in there?”

It was decided that the term “non-personal services” would be removed.

There was also consideration of excluding medical services and physicians, but ultimately the public and commission voiced to leave it in.

After the public hearing was closed, Nelson motioned for the approval of the first application, Article 13, Borough Landmark Buildings Floating Zone to zoning regulations, with its various phrasing changes.

The motion was passed unanimously.

For the second application, the commission voted for the approval that the Edmond Town Hall meets the criteria for a Landmark Building designation.

The motion was passed unanimously.

A separate vote was then taken to approve its proposed permitted uses with the amendment to remove “non-personal service” and to not exclude medical professionals.

The motion was passed unanimously.

For more information about upcoming Borough of Newtown Zoning Commission meetings, visit newtown-ct.gov/borough-newtown.