West Newbury considers zoning change to protect historic hall | Local News | newburyportnews.com

2022-08-08 08:37:57 By : Ms. Joshua Hong

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WEST NEWBURY — Local planners want to bring a zoning amendment before voters this fall that would allow a private owner to purchase Soldiers and Sailors Memorial Hall, a historic landmark on Main Street, and turn it into small office space.

The ultimate goal, as voted at the spring Town Meeting, is to sell the hall to a private buyer with a preservation restriction to maintain the look and style of its historic exterior. But for that to happen, the Residential C zoning in the area where the property is located must be tweaked.

Built as a Civil War memorial in 1900, the building is considered a distinctive local example of Gothic Revival architecture. It served as a meeting place for the local American Legion post for decades and housed the local public library for 12 years. In 2016, it was named to the National Register of Historic Places.

Town officials are aware of at least one potential buyer who has expressed interest in the space for his architectural business. The board agreed the bylaw change would need to be general rather than specific to provide flexibility.

Rather than trying to define exactly what constitutes a “small office,” the bylaw should simply allow for use as “an office,” suggested Chair Ann Bardeen. The onus to explain to what that means would be on the applicant

A working group composed of Planning Board member Ray Cook and Wendy Reed of the Select Board – with input from Town Planner Leah Zambernardi and Town Manager Angus Jennings – felt the best option is to forgo a zoning change that would permit mixed use residential/commercial properties.

Instead, any proposed use should be subjected to the special permit process – giving the board authority to reject uses that would adversely affect the structure or that weren’t in keeping with the established vibe of the neighborhood.

“If you add a little bit to the commercial district – any business could go there in the future without neighbors having a say,” Cook said during a recent group meeting.

Keeping the area in the RC zone and implementing a special permit process for a particular use is also a smart political choice, he said, adding that other property owners in the area could also apply for a special permit if they chose.

“I like your approach, Ray,” said colleague Brian Murphey, “Let the applicant come forward with a reasonable proposal.”

Bardeen worried a special permit approach might leave things open to interpretation. It will require a clear understanding of the property’s history on the part of future planning boards, she said.

Planning Board member Tim Cronin agreed. “There’s going to have to be some serious resolve,” he said.

Under the special permitting process, the board determines if the proposed use is appropriate for the site and will not adversely affect the neighborhood. The “health, safety, and general welfare” of the community are also factors. A special permit can be approved with conditions, modifications and restrictions – both of time and use of the property.

In January, Building Inspector and Zoning Enforcement Officer Sam Joslin presented a comprehensive analysis of possible uses for the iconic landmark that does not require a change in the zoning bylaw; as well as all uses exempt by state statute; and allowable uses via special permit.

Uses now allowed only with a special permit include three- or four-family dwellings; commercial greenhouse; riding stable; kennel, animal hospital or veterinary; restaurant or inn; telephone or radio utility; funeral home; cemetery; nursing home; hospital or sanitarium; elderly housing; nonprofit school or club; public alert system; large solar array; wireless facility; wind or meteorological tower; or saw or cider mill.

Meanwhile, an ad hoc committee spearheaded by veteran Bob Janes is working to find a solution that would allow the town to retain the property at 363 Main St. The newly formed panel discussed tackling the exterior first; then pursuing the interior with a phased approach, tapping volunteers when deemed appropriate.

Possible uses cited for the building would be as a climate-regulated space to display Civil War and other military and town memorabilia; as a tourist attraction; a nonprofit coffee shop where local art is sold, a community center; a place for the elderly or children to gather; live music venue; technical studio; spot for wedding receptions, municipal training sessions, or school field trips, or to house a town cemetery commission.

“To sell the building – or to tear it down – would disgrace the memory of people who gave their lives for this country– that doesn’t say much for us,” Janes said.

This spring, Town Meeting voted to rescind $1.25 million of a $1.5 million appropriation from 2019 for repairs to the building. Voters then approved selling or leasing the building with an historic restriction attached to it.

But an article – approving $115,000 to raze the building and install a veterans memorial park in its place – failed.

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