[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.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
No certificate of appropriateness is required for:
(1)
Interior alterations or repairs not open to view from
a public street, way or place.
(2)
The color of paint used on the exterior of any building
or structure.
(3)
Ordinary maintenance or repair of any exterior architectural
feature which does not involve a change in the appearance or design
thereof.
(4)
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.
(5)
A small name plate identifying the name of the owner
of the premises and the year of a building's construction.
(6)
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.
A.
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.
B.
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.
C.
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.
A.
General guidelines.
(1)
Every reasonable effort should be made to provide
a compatible use for buildings which will require minimum alteration
to the building and its environment.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
B.
Specific guidelines.
(1)
New construction must be consistent with the scale
of surrounding structures and the character of the neighborhood.
(2)
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.
(3)
Foundations should be stone or faced with stone.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
Secondary doors may not be located in such a manner
as to destroy the original composition or symmetry of the facade.
(9)
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.
(10)
Windows should be true divided-light windows at least
six over six. Snap-in grills are not permitted.
(11)
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.
(12)
Porches and steps should be consistent with the original
form and character of the building.
(13)
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.
(14)
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.
(15)
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.
(16)
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.
(17)
Chimneys must be brick or stone. The original height
and form, number and location of the chimney(s) should be retained.
(18)
Outbuildings should be consistent with the design
and character of the major structure and its site. Garages must be
detached.
(19)
Aboveground pools must not be located in such a manner
as to be visible from the street.
(20)
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.
