[HISTORY: Adopted by the Hattertown Historic District of the Town of Newtown effective 1-12-1989; amended 6-22-1993. Subsequent amendments noted where applicable.]
Historic district — See Ch. 41.
Pursuant to the General Statutes of the State of Connecticut, Sections 7-147a to 7-147k, and Chapter 41, Historic District, of the Town Code, the Hattertown Historic District Commission hereby adopts the following regulations for the purpose of promoting the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places associated with the history of or indicative of a period or style of architecture of the Town of Newtown.
The Hattertown Historic District is intended to include the property immediately surrounding the "Hattertown Green” at the intersection of Aunt Park Lane, Castle Meadow Road, Hi Barlow Road and Hattertown Road and is further defined as follows: beginning at the southeastern boundary line of property now or formerly owned by Sydney Blumberg and Mollie L. Blumberg and extending northward along Castle Meadow Road to Hattertown Road and again northward along said Hattertown Road to the northern boundary line of land now or formerly owned by Ann Kamas, said area to extend 250 feet in depth to a line measured 250 feet from and parallel to the center line of said Castle Meadow Road and Hattertown Road, each in part; and beginning at the southern boundary line of land now or formerly owned by Gladys Peck Tipton and extending northward along Castle Meadow Road to Hattertown Road and again northward along said Hattertown Road to the northern boundary line of land now or formerly owned by John P. and Mary E. Zipser, said area to extend to a depth of 350 feet to a line measured 350 feet from and parallel to the center line of said Castle Meadow Road and Hattertown Roads, each in part.
It is intended that the depth of this district shall be 250 feet on the northerly side and 350 feet on the southerly side of Hattertown and Castle Meadow Roads, or to the rear property lines of land fronting on said roads, as of October 1, 1969, whichever is less.
The foregoing areas are shown on a map delineating the areas involved, entitled “Map of the Hattertown Historic District, Newtown, Connecticut,” said map being a tracing from the Assessor's records as of October 1, 1969, which map is incorporated herein by reference.
As used in this chapter, the following terms shall have the meanings indicated:
- Changed, modified, rebuilt, removed, demolished, restored, razed, moved or reconstructed.
- Not incongruous with those aspects of the Hattertown Historic District which the Commission determines to be historically or architecturally significant.
- Any combination of materials forming a shelter for persons, animals or property.
- CERTIFICATE OF APPROPRIATENESS
- A certificate specified by Section 7-147d of the Connecticut General Statutes, issued by the Commission following application and public hearing as hereinafter set forth, and indicating the Commission's approval of an application.
- The Hattertown Historic District Commission.
- Constructed, built, installed or enlarged.
- EXTERIOR ARCHITECTURAL FEATURES
- The portion of the exterior of a building or structure that is open to view from a public street, way or place.
- Any town, city, borough, consolidated town and city or consolidated town and borough.
- Any combination of materials, other than a building, which is affixed to the land, including, but not limited to, signs, fences and walls.
No building or structure shall be erected or altered within the Hattertown Historic District until after an application for a certificate of appropriateness, as it relates to exterior architectural features, has been submitted to the Commission and approved by the Commission.
No building permit for the erection of a building or structure or for the alteration of an exterior architectural feature within the Hattertown Historic District and no demolition permit for the demolition or removal of a building or structure within the Hattertown Historic District shall be issued by the Town of Newtown or any department, agency or official thereof until a certificate of appropriateness has been issued. A certificate of appropriateness must be obtained from the Commission whether or not a building or demolition permit is required. Nothing in these regulations shall prevent the erection or alteration of any exterior architectural feature in the Hattertown Historical District which the Fire Marshal or the Building Official certifies is required by the public safety because of a condition which is unsafe or dangerous due to deterioration. In such a case, the Fire Marshal or the Building Official is given authority to order the demolition of a building or structure without obtaining a certificate of appropriateness, provided that the Commission and the Zoning Enforcement Officer are given notice of the action taken within five working days. Where practical, notice shall be given prior to taking any action.
The Commission may request such plans, elevations, specifications, material and other information, including, in the case of demolition or removal, a statement of the proposed condition and appearance of property after such demolition or removal, as may be reasonably deemed necessary in order for the Commission to make a determination on the application.
The style, material, size and location of all outdoor advertising signs and bill posters within the Hattertown Historic District shall also be subject to the approval of the Commission.
No area within the Historic District shall be used for industrial, commercial, business, home industry or occupational parking, whether or not such area is zoned for such use, until after an application for a certificate of appropriateness as to parking has been submitted to the Commission and approved by the Commission. The provisions of this section shall apply to the enlargement or alteration of any such parking area in existence on October 1, 1973.
A certificate of appropriateness shall be required prior to the installation of any additional lighting apparatus to a new or existing building, structure or sign which is used in connection with an industrial, commercial, business, home business or any other nonresidential structure if the lights or lighting apparatus are visible from a public street.
No certificate of appropriateness is required for:
Interior alterations or repairs not open to view from a public street, way or place.
The color of paint used on the exterior of any building or structure.
Ordinary maintenance or repair of any exterior architectural feature which does not involve a change in the appearance or design thereof.
The erection or alteration of any exterior architectural feature which the Building Inspector or similar agent certifies is required by the public safety because of a condition which is unsafe or dangerous due to deterioration.
A small name plate identifying the name of the owner of the premises and the year of a building's construction.
A temporary real estate broker's sign, not more than six square feet, identifying premises for sale. Any such sign shall be removed promptly when the premises are sold.
Applications. An application for a certificate of appropriateness shall be submitted to the Commission on the form prescribed by the Commission. An application fee of $50 must be submitted with the application. All applications for a certificate of appropriateness require a public hearing, including applications for signs, fences, lighting, nonresidential driveways and parking areas, exterior architectural alterations of existing buildings or structures, the demolition or removal of existing buildings or structures and the construction of new buildings and structures.
Hearings. The Commission shall hold a public hearing upon each application for a certificate of appropriateness. The Commission shall fix a reasonable time and place for such hearing. Notice of the time and place of such hearing shall be given by publication in the form of a legal advertisement appearing in a newspaper having a substantial circulation in the Town of Newtown at least once, not more than 15 days nor less than five days before such hearing. In addition, the Commission shall mail to the applicant written notice of the time and place of the hearing no less than five days before such hearing.
Decisions. A majority of the members of the Commission shall constitute a quorum, and the concurring vote of a majority of the members of the Commission shall be necessary to issue a certificate of appropriateness. Decisions for a certificate of appropriateness must be rendered within 65 days after the filing of a completed application with the Commission. Failure on the part of the Commission to act within the sixty-five-day period shall constitute an approval, and no other evidence of approval shall be needed. In its deliberations, the Commission shall act only for the purpose of controlling the erection or alteration of buildings, structures or parking which are incongruous with the historic or architectural aspects of the Hattertown Historic District. When the Commission acts upon an application, it shall submit written notice of its decision to the applicant. Such notice shall be given within 65 days after the filing of a completed application with the Commission. When a certificate of appropriateness is denied, the Commission shall place upon its records and in the notice to the applicant the reasons for its determination, which shall include the basis for its conclusion that the proposed activity would not be appropriate. The notice to the applicant may also include recommendations relative to design, texture, material and other similar features. The Commission may issue a certificate of appropriateness with stipulations.
Except as provided in § 615-4B, if a building in the Hattertown Historic District is to be demolished, no demolition shall occur for 90 days from issuance of a demolition permit if during such time the Commission or the Connecticut Historical Commission is attempting to find a purchaser who will retain or remove such building or who will present some reasonable alternative to demolition.
If the Commission determines that the proposed erection, alteration, or parking will be appropriate, it shall issue a certificate of appropriateness. In passing on appropriateness as to exterior architectural features, buildings or structures, the Commission shall consider, in addition to other pertinent factors, the type and style of exterior windows, doors, light fixtures, signs, aboveground utility structures, mechanical appurtenances and the type and texture of building materials. The Commission shall also consider the historical and architectural value and significance, architectural style, scale, general design, arrangement, texture and material of the architectural features involved and their relationship to the exterior architectural style and pertinent features of other buildings and structures in the immediate neighborhood. In passing on appropriateness as to parking, the Commission shall consider the size of such parking area, the visibility of cars parked therein, the closeness of such area to adjacent buildings and other similar factors.
Every reasonable effort should be made to provide a compatible use for buildings which will require minimum alteration to the building and its environment.
Rehabilitation work should not destroy the distinguishing qualities or character of the property and its environment. The removal or alteration of any historic material or architectural features should be held to the minimum.
Deteriorated architectural features should be repaired rather than replaced. If replacement is necessary, the new material should match the replaced material in composition, design, color, texture, and other visual qualities. Repair or replacement of architectural features should be based on the building's original features rather than based on designs taken from other historic buildings. Alterations which create an appearance inconsistent with the character of the building are discouraged. Low-maintenance siding, such as aluminum or vinyl clapboards, and asphalt shingles, which are products of the mid-20th Century, are, by nature, inappropriate on historic buildings.
Wherever possible, new additions or alterations to buildings should be made in such a manner that if they are removed in the future, the essential integrity of the original building would be unimpaired.
New construction should be consistent with the scale of the surrounding structures in terms of building height, width, proportion of height to width, proportion of wall area to door and window openings, size of overhangs, setbacks, and other dominant features. Construction which is not consistent with the form, texture, color, and character of the surrounding buildings is discouraged.
Distinctive stylistic features or examples of skilled craftsmanship which characterize older structures and often predate the mass production of building materials should be retained whenever practicable.
New construction must be consistent with the scale of surrounding structures and the character of the neighborhood.
In a project involving restoration or rehabilitation, the original materials should be used to the greatest extent possible. When original material is unavailable or deteriorated, materials in the same form and with the same method of installation as the original material should be used.
Foundations should be stone or faced with stone.
Frame walls of clapboards or shingles should not be removed unless deteriorated, in which case the new material must duplicate the old material and must not change the textural appearance of the original building.
Masonry walls should be retained without the application of surface treatment. If repointing is necessary, the original mortar joint color, texture, size and profile should be duplicated.
Trim and decorative features should be retained as an essential part of the building's character and appearance. If deteriorated, such features should be replaced or reconstructed as nearly as possible to their original form. All such features must be consistent with the period of the Hattertown Historic District, namely, 1800 through 1840.
Primary doors should not be relocated, and new doors should not be introduced into the principal elevations of the building. Original door design, including panels, lights and hardware, should be retained. If replacement is required, the original design in form and material should be duplicated.
Secondary doors may not be located in such a manner as to destroy the original composition or symmetry of the facade.
Existing window sashes should be retained whenever practicable. If replacement is required, the stylistic period of the building must be respected as to sash design and arrangement which reflect the building's original form. New window openings must not destroy the original composition or the symmetry of the facade.
Windows should be true divided-light windows at least six over six. Snap-in grills are not permitted.
All dormer windows should be retained in their original style, including the arrangement of lights and the sash detail. Dormers should not be created in roofs where their form would be inappropriate to the historical integrity of the building.
Porches and steps should be consistent with the original form and character of the building.
Roofs should be a cedar or reproduction shake in asphalt or vinyl with a center chimney. The original roof form, including gables and eaves, hips, dormers, etc., should be retained. Deteriorated roofing material must be replaced with material that matches the old in composition, texture, size, shape and color.
Original gutters and downspouts should be retained. If replacement is necessary, materials similar in form and color should be used. New gutters and downspouts should not be introduced in locations where they will detract from the original composition or symmetry of the building.
Rooftop equipment, such as solar devices, satellite dishes, television antennas and skylights, should not be located in such a manner as to be visible from the street.
An application for a certificate of appropriateness for an exterior architectural feature, such as a solar energy system, designed for the utilization of renewable resources shall only be denied if the Commission finds that the feature cannot be installed without substantially impairing the historic character and appearance of the Hattertown Historic District. A certificate of appropriateness for such a feature may include stipulations requiring design modifications and limitations on the location of the feature which do not significantly impair its effectiveness.
Chimneys must be brick or stone. The original height and form, number and location of the chimney(s) should be retained.
Outbuildings should be consistent with the design and character of the major structure and its site. Garages must be detached.
Aboveground pools must not be located in such a manner as to be visible from the street.
Driveways should be of materials, construction and style appropriate to the properties which they access.
The Chairman is designated to be the Enforcement Officer of the Hattertown Historic District Regulations. The powers and duties of the Enforcement Officer shall be as prescribed by law in addition to those delegated by the Commission. If any provision of these regulations has been violated, the Commission and/or its duly authorized agent may, in addition to any other remedies, institute an action in the Superior Court (as provided by the General Statutes), which said court shall have jurisdiction to restrain such violation and to issue orders directing that the violation be corrected or removed. Any penalties imposed by the courts will be in accordance with Section 7-147h(b) of the General Statutes.
These regulations may be amended or repealed in a manner provided by the General Statutes on the initiation of the Commission. All proposed amendments shall be considered at a public hearing. Notice of the time and place of such hearing shall be published in the form of a legal advertisement appearing in a newspaper having a substantial circulation in such municipality at least twice at intervals of not less than two days, the first not more than 15 days nor less than 10 days, and the last not less than two days before such hearing, and a copy of the proposed amendments shall be filed in the office of the Town Clerk for public inspection at least 10 days before such hearing. The proposed amendment shall be established only after a majority vote of the Commission and become effective at the time prescribed by the Commission, providing a copy of the adopted amendments is filed in the office of the Town Clerk and a notice of the Commission's decision shall have been published in a newspaper having a substantial circulation in the municipality prior to the effective date.