BPO Zoning—

Change Of Zone In Sandy Hook Center Expands Commercial Possibilities

By Andrew Gorosko

Property owners living on a 1,500-foot-long section of Church Hill Road in Sandy Hook Center hope that a recent change of zone for the area approved by the Planning and Zoning Commission (P&Z) will enhance the value of their property by broadening its potential uses.

The change of zone affects properties on both sides of Church Hill Road in the area between the westbound Exit 10 ramps of Interstate 84 and Church Hill Road’s intersection with Dayton Street.

The change of zone approved by the P&Z converts the area’s zoning from F&R-1 (Farming and Residential 1-Acre) and F&R-2 (Farming & Residential 2-Acre) to BPO (Business and Professional Office) zoning.

The street section holds a variety of vintage Colonial and Victorian houses.

Initially, a group of Church Hill Road property owners represented by Paul Fadus and Cristina Carvalho Fadus of 5 Sunset Hill Road had sought to have the P&Z convert the zoning of that area from F&R-1 zoning and F&R-2 zoning to Sandy Hook Design District (SHDD) zoning to improve the properties’ economic viability.

After consideration, however, P&Z members, decided that that the zoning designation best suited for the area would be BPO. BPO zoning allows fewer different land uses than does SHDD zoning.

SHDD is a form of mixed-use zoning that has been in place in Sandy Hook Center since 1995. SHDD zoning encourages a mixture of commercial and residential land uses, plus the provision of pedestrian amenities, with the goal of stimulating the local economy. The Sandy Hook Center Streetscape Project, which enhanced the appearance of Church Hill Road there, is an example of SHDD zoning.

While they were formerly zoned F&R-1 and F&R-2, the approximately 20 properties extending from #68 to #101 Church Hill Road could have contained professional office space, but such office space would have to be occupied by the properties’ owners under the zoning regulations concerning “home occupations.”

The area’s BPO zoning now allows professional office space to be created in those houses and rented out to business tenants, broadening the area’s potential uses with the goal of increasing the properties’ value. Also, BPO zoning will allow the houses’ owners to rent out an apartment in a building where offices are located.

Paul Fadus and Cristina Carvalho Fadus own a house at 91 Church Hill Road. They organized the area property owners’ initial push for converting the F&R-1 and F&R-2 zoning to SHDD zoning. They later backed the P&Z’s move to convert the zoning to a BPO designation.

The Faduses had explained to the P&Z that the street’s high traffic volume makes it an undesirable place for family residences, so expanding the business potential of the area makes sense.

“Our concern was to find a viable alternative to strictly residential uses, while still maintaining the character of the neighborhood,” they said.

Broadening the scope of the houses’ uses to include business tenants in professional offices, which is allowed in the BPO zone, makes such properties more attractive to potential buyers, according to the couple.

Almost all of the property owners affected by the change of zone endorsed the change, according to the Faduses.

At an April P&Z public hearing on the then-proposed change of zone from F&R-1 and F&R-2 to BPO, Jan Mueller of 83 Church Hill Road said that the zoning change would allow the properties to become more economically viable, while preserving the antique appearance of the homes.

Faith Gulick of 68 Church Hill Road supported the change of zone.

Similarly, John Linder of 80 Church Hill Road supported the plan, saying it would be good for the area.

In approving the change of zone, P&Z members agreed that the action was an appropriate one for the affected properties. Also, the change of zone is consistent with the 2004 Town Plan of Conservation and Development, the P&Z found.

P&Z Chairman Lilla Dean said this week of the change of zone, “It means [property owners] have more options about uses.”

The rule change now allows the properties’ owners to create office space that they could rent out for professional use by others, provided that the buildings maintain their external residential appearance, she noted.

Such a liberalization of the zoning rules affecting the houses could stimulate sales of the properties, or could provide the current owners with the rental income to cover improvements to the buildings, she said.

Land Use Agency Director George Benson said the creation of BPO zoning in the area gives property owners more flexibility with what they do with their properties, as well as provides the town with the potential for increased property tax revenue.