In 1998, the Zoning Commission of the Borough of Newtown began a project to establish a Village District in accordance with the authority provided by § 8-2j of the General Statutes and to incorporate in the district a set of design guidelines that would protect the distinctive character, landscape and historic values set forth in the Plan of Development. The members of the committee considered State, regional and municipal policies and past decisions and studied similar documents from regulatory commissions of village districts in other jurisdictions, as well as the federal standards for rehabilitation of properties.

Village District development is controlled by zoning regulations that are to be interpreted with the help of such Village District Design Guidelines as may be adopted by the Commission from time to time. Guidelines have a role that is different in nature from the zoning regulations. Guidelines do not always dictate specific limits, nor does strict adherence to them necessarily assure approval. Evaluation of buildings requires judgment in studying plans submitted. The Commission has to consider each design on its own merit, as well as its effect on the neighborhood and the Borough as a whole. By themselves, guidelines do not guarantee excellent or even mediocre architecture. The important point is that by following these guidelines, the property owner is doing his part to help the Commission protect the fragile, irreplaceable environment of the Borough.

The guidelines are not designed to promote any particular architectural styles. Their role is to protect existing properties against incorrect alterations and, as new buildings are built and additions made to existing structures, to preserve the continuity and architectural unity of the district. Within that overall unity today are a variety of styles and settings, and, as a result, different new buildings could be compatible. Some buildings, however, may not be. For that reason, the intent of the guidelines is to be selective-and sometimes restrictive-in order to exclude designs that would erode the historic, cultural and economic resource built up over generations.

The historic value of the commercial center of the Borough is found in the design of its individual buildings, the street scene, and the overall relationship of buildings, streets and topography as well as vehicular and pedestrian traffic and densities of uses. The architecture and the street scene are a reflection of a society, economy, and technology somewhat different from today's. The Borough's commercial center evolved in a simpler society and before the widespread availability of electricity, large machinery, easy transportation, low cost steel and glass, and elevators. The general appearance of street vistas and the present character of separate buildings represent an accumulation of many periods. The overall pattern of streets, lots, buildings, and landmarks was established in the 18th century and followed in the 19th and 20th centuries. Today, caution and vigilance remain essential to the continued preservation of the Borough through regulation of the commercial center.

Anything as subtle as charm is difficult to define, and the quaint and distinctive character of the center defies exact definition as well. Its history and that of the Town as a whole inform it. The component parts of the Borough interrelate in a subtle and distinctive way: the repetition and similarity of house after house with similar or special architectural details and seldom of greater height than three stories; a mix of small and grand houses on small lots facing adjacent streets; a variety of small business and professional offices. These elements have produced the ambience of the Borough for leisurely living and have given it quaint and distinctive New England small town charm that is found with decreasing frequency.

Courts have not attempted to define these special qualities but rather have looked more toward a total concept or overall unity, as the definitive statement. The wording of the "Village District" statute, general rather than categorical, seems to take into account that, within the overall entity of a Village District, there is a spread of historic styles, cultural influence, land use and density. However general this phraseology, its thrust and intention are unmistakable.

While the quality of a building's design may not improve with age, every generation must evaluate the significance of architectural styles and examples, being guided by the wisdom of the past and wary of its folly. Some buildings that are interesting and intriguing now, for instance, were previously considered to have very little value.

A.

While a statement in the Introduction suggests that defining the "quaint and distinctive character" of the Borough and its commercial center is difficult, the major physical components of its distinctiveness are not mysterious or elusive. The Commission, in attempting to fulfill its legal responsibility to preserve its rural New England village character, recognizes that size, scale and design of buildings, along with workable pedestrian and vehicular traffic patterns are essential physical components of the distinctiveness and uses them in evaluating the appropriateness of physical changes proposed within the District.

B.

Scale of the district. Vertical as well as horizontal distance is measured in human footsteps. Human size and untaxed physical capability, along with available technology and material, established the scale of the district. This human scale, reflected in the size of buildings, contributes more to the distinctiveness of the commercial district than any other single component.

C.

Texture of typical street scene (pattern created by scale, setback, landscaping, density, traffic generation, signs, etc.).

The typical street scene facilitates pedestrian traffic AND unfettered access to commercial uses.

The predominant ratio of solid wall area to area of openings, proportions and directional emphasis of wall openings and roof, parapet and floor shall be respected and maintained wherever possible.

D.

Typical building materials (walls: brick, wood; roofs: slate, wood and tile shingles). Design unity within the District is greatly enhanced by the use of relatively few materials and their repetition. Materials for exterior walls, doors, windows, roofs, paving, etc. shall be compatible in quality, color and texture with existing prevalent materials in the neighborhood.

E.

Typical commercial building site plan. The pattern within the Borough and the District is of relatively small residential and commercial buildings, punctuated by larger public buildings. Commercial buildings, however, should not substantially exceed other commercial buildings in the vicinity in mass, nor should they dominate them.

F.

Liaison with Town.

1.

Visual contact: Because of the distinctive views of the Borough offered from Castle Hill Road and other sites in the Town, care should be taken to prevent the introduction of elements that would disrupt those distinctive views.

2.

Physical access: Free-flowing, convenient traffic patterns, both vehicular and pedestrian, are the lifeblood of commerce and social intercourse. It is essential to public safety and to maintaining property values. Accordingly, it is one of the essential elements to be preserved, both for the short term and long term health of the community. Church Hill Road and Queen Street are burdened with a number of existing uses that contribute to the traffic problems currently existing in the District, including three schools and a significant shopping center. Church Hill Road, moreover, previously provided the primary access for trucks between Route 184 and Route 25. With the upgrade to the railroad underpass, it will undoubtedly again provide that access. The Borough, however, has little discretion with respect to controlling traffic facilities on those two roadways—roadways that are at the crossroad of the District.

3.

Size and proportion:

The specific size of individual building elements makes a very significant difference in their appearance. Small differences in size may be readily apparent, particularly when they constitute a large proportional difference.

Certain elements are limited in their size because of historical building conventions and 19th century construction technology. In some instances, changes in building technology have resulted in corresponding changes in the prevalent sizes of particular elements. And while technological improvements through time have allowed increases in scale, such advances should not dictate changes in the community. The possible should not control the desirable. Thus, improperly sized buildings or uses would be detrimental to the overall well being of the District, especially given limited traffic facilities.

In general, it can be said that buildings of various styles derive much of their effect and importance from the fact that their various parts adhere to systems of scale and proportion that are unique to the respective styles. So, too, with community styles. To tamper with these relationships can be detrimental to the sense of the building and the community alike. Although the rules of scale and proportion are too numerous to set down here, decisions are based upon the Commission's knowledge of the norms.

4.

Density: Density of use and mass of structure shall be vigorously held to the legally permitted level, as per the Zoning Ordinance of the Borough of Newtown.

5.

Streetscapes:

Proposed additions to existing structures and new buildings shall not be higher than the predominant building height on the blockface between the two intersecting streets.

Applicants for volumetric additions affecting the street facade must prepare a blockface drawing of the structure or structures proposed showing the area thereof as seen from the street, along with similar blockface drawings of other buildings and structures in the immediate neighborhood, all rendered in the same scale, so as to show the proportional relationship of the proposal to other buildings and structures in the area.

A.

The distinctiveness of an area is created by its predominant characteristics, not the exceptions or deviations. While the Village District has variety in building designs, this variety is within discernable limits. Uncontrolled variation or designs out of context will not preserve the District's distinctiveness.

Though change is inevitable, even in an historic district, accommodating the District to the requirements of contemporary life should not be achieved at the cost of the integrity of the district's unique environment.

B.

All structures should be recognizable products of their time of construction. Contemporary design for additions to existing buildings and new structures is encouraged, but contemporary designs must be compatible with the distinctive character of the district and related to neighboring historic buildings in size, scale, materials, and site plan.

The size of buildings must be limited as heretofore indicated to preserve the scale of the District. Large-scale buildings are alien to the distinctiveness of the Village District and the Borough. Any good faith effort to comply with the legal requirement to preserve its distinctive character does not permit approval of large-scale commercial buildings.

With this background in mind, the following District Regulations are adopted: