Following lengthy discussion at a February 6 Planning and Zoning Commission (P&Z) session, P&Z members unanimously endorsed creating a proposed set of borough zoning regulations intended to preserve certain town-owned buildings in the borough due to their cultural, historical, and architectural significance.

P&Z members decided that such “landmark” zoning regulations would be consistent with the 2014 Town Plan of Conservation and Development. Voting to endorse the proposal were P&Z Chairman Don Mitchell, Corinne Cox, Barbara Manville, Dennis Bloom, and Andrew Marone.

In an ensuing four-to-one vote, P&Z members also endorsed a proposal to designate Edmond Town Hall at 45 Main Street as the first town-owned building in the borough to receive such “landmark” zoning status, and also to specify which of the building’s uses are “permitted,” are “allowed by a special zoning permit,” and are “prohibited.”

Voting to endorse that proposal were Ms Cox, Ms Manville, Mr Bloom, and Mr Marone, with Mr Mitchell dissenting.

The Borough Zoning Commission (BZC) had referred to the P&Z for its recommendations on the two regulatory proposals. Because the borough does not have a planning agency, it refers such matters to the P&Z, which serves as the borough’s planning agency.

The Newtown Land Use Agency recently applied to the BZC to create Borough Landmark Building (BLB) zoning regulations and to designate Edmond Town Hall as the first structure to have such zoning. Edmond Town Hall is now in a residential zone. If that property were to receive BLB zoning, it would then be considered a special case and have unique zoning regulations.

Edmond Town Hall

Edmond Town Hall was the local seat of government until 2009, when the town moved its municipal offices from there and several other locations to the former Bridgeport Hall at Fairfield Hills, which the town had renovated for office use, renaming it Newtown Municipal Center.

Besides its preservational purpose, landmark zoning is intended 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 occupied 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 2009, those rental payments ended, 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 zone where that building is located. Current zoning regulations limit the structure’s use to municipal and nonprofit community uses.

Town Planning Director George Benson, who wrote the BLB zoning proposals, told P&Z members February 6 that besides listing what uses potentially would be allowed at Edmond Town Hall, “We tried to ‘capture’ all the uses that are there,” so that those current uses would be in conformance with the proposed zoning regulations.

Generally, the proposed additional uses for the building would include certain for-profit uses, he said. Mr Benson noted that a “permanent restaurant” would not be allowed in view of parking issues that might arise from such a use.

The Edmond Town Hall Board of Managers has endorsed the zoning proposal, Mr Benson said.

“It [the proposal] really is trying to preserve Edmond Town Hall . . . keeping it viable,” he said.

In response, Mr Mitchell asked, “Our big question is, is this consistent with the (Town) Plan of Conservation and Development?”

“It does fit in . . . It fits in with the overall vision of the Plan of Conservation and Development,” Mr Benson answered. Other towns and cities have employed such regulatory mechanisms for the sake of preservation, he said.

The Inn At Newtown

Mr Mitchell asked how the proposed BLB zoning rules would figure into a hypothetical situation such as the town purchasing 19 Main Street, the 3.002-acre site that holds the vacant former Inn at Newtown.

A developer has proposed that a set of borough zoning regulations be created to allow multifamily housing there. The developer’s controversial conceptual plan for the site would require the demolition of the historic former inn and its replacement with three rental apartment buildings holding a total of 40 market-rate dwellings.

The development firm recently withdrew from BZC review its proposed zoning rules for multifamily housing, known as the Borough Residential Overlay District, saying it would be reconsidering its development ideas for the site. The redevelopment proposal drew strong opposition from residents at recent BZC public hearings.

In response to Mr Mitchell’s query, Mr Benson said the 19 Main Street site potentially could have its zoning designation changed from R to BLB, if the town owned it.

If the property were to have BLB zoning, the property then would be subject to BZC control in terms of its allowed and prohibited uses. Each town-owned building within the borough that is designated to have BLB zoning would have its unique possible uses specified by the BZC.

Other town-owned buildings in the borough include The Newtown Meeting House at 31 Main Street, C.H. 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.

When the P&Z vote was held on whether to endorse the proposal to designate Edmond Town Hall as the initial town-owned building in the borough with BLB zoning, Mr Mitchell was the only member of the five voting P&Z members in opposition.

Asked after the P&Z session about his vote not to endorse changing Edmond Town Hall’s zoning designation from R to BLB, Mr Mitchell said it is unclear if the BZC would eventually approve the specific regulations that are listed in the two pending applications concerning BLB zoning.

Mr Mitchell, a lawyer, served for more than 30 years as the BZC’s attorney, exiting that post several years ago.

The BZC plans to hold a public hearing on the BLB zoning proposal on March 11.

Proposed Uses

In its application to convert Edmond Town Hall from R to BLB 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, crafts fairs, and antiques fairs.

Also listed as proposed permitted uses are the rental of the Alexandra Room kitchen to for-profit and nonprofit groups and the sale of alcohol, food, and retail items during events. Dance studios and art studios would be allowed, and 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 daycare 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 for landmark zoning, the Board of Selectmen would need to designate that building as a candidate for such zoning.