Change Of Zone Approved For South Main Street Properties

By Andrew Gorosko

The Planning and Zoning Commission (P&Z) has approved a change of zone for three residentially zoned properties on South Main Street, shifting their zoning designation from R-2 (Residential) to B-1 (Business).

P&Z members approved the change of zone in a 4-to-1 vote at a June 2 session, with member Sten Wilson dissenting.

The affected properties are at 176, 180, and 182 South Main Street. The properties are on the west side of South Main Street, just south of its intersection with Orchard Hill Road and Huntingtown Road.

The owners of the three residentially zoned properties had endorsed such a change of zone to expand the business development potential of their holdings.

The applicants for the change of zone are Thomas and Carrie Swan, the owners of The Black Swan Stove Shop and The Black Swan Hearth & Gift Shop at 182 South Main Street, which is the southernmost of the three affected properties. The Black Swan sells stoves, fireplaces, grills, accessories, and spare parts, plus decorative items.

The Swans sought the change of zone as a way to allow them to expand their business at 182 South Main Street. The Swans are expected to now seek P&Z approvals for a business expansion project.

Mr Swan has said he wants to construct a larger, attractive new building on his property to replace existing facilities. He said he would construct a new building at the rear of property and then demolish the existing structure, which stands near South Main Street.

The property at 176 South Main Street, which is owned by Denise Douglas, holds a house. The property at 180 South Main Street, which is owned by Vincent Condon, holds a business known as A Sign Depot. Overall, the three properties comprise 3.6 acres.

The businesses that now exist on two of the three affected lots are nonconforming land uses, which precede the enactment of local zoning, and thus are allowed by the “grandfather clause” of the zoning regulations. Receiving a change of zone is a preliminary requirement for a business expansion.

The Swans request for a change of zone was the subject of a May 19 P&Z public hearing.

At that session, attorney Camille DeGalan, representing the Swans, told P&Z members that the Swans’ growing business needs to create warehouse space on the site.

Mr Swan has told P&Z members that The Black Swan has grown to be a successful business, which needs to expand to better serve its customers. Success has resulted in crowded facilities, he said. “We have found a great [business] niche on the Internet … I simply need more space.”

The Swans’ requested change of zone had been the subject of a February public hearing, but because that initial zone change application incorrectly stated the three properties’ zoning designation was R-1 and not R-2, that application was withdrawn and a revised application was submitted.

In June 1999, the P&Z expanded the town’s Aquifer Protection District (APD), and included those three properties in the district. Consequently, when the P&Z approved an “upzoning” project in September 2001 to increase zoning requirements for land in the APD as an environmental protection measure, it changed the zoning designation for that area from R-1 to R-2.

R-1 zoning is designated for single-family houses on lots of at least one acre. R-2 zoning allows single-family houses on lots of at least two acres.