What began as a request to rent tuxedos at a home business on Route 302 turned into a fiery debate over commercial growth and zoning at a meeting of the Windham Town Council earlier this week.
On Tuesday night, town councilors voted unanimously to deny rezoning five lots in North Windham from residential to commercial use. The request came from David Johnston who owns The Craft Shop on Route 302 where he sells custom-made crafts and supplies.
Last summer, Johnston approached the code enforcement office for approval to rent tuxedos out of The Craft Shop where he lives with his wife Donna and two children. He was then advised to ask the Zoning Board of Appeals for permission. But the board denied his request on the grounds that renting tuxedos was not deemed a “home business.”
And so, the request came before the council in a different form: a request to rezone his residential property as “Commercial 1” which would allow tuxedo rentals as a declared business.
In the request, Johnston’s property and four other adjacent lots, bordering an existing commercial zone in North Windham, were proposed to be rezoned to avoid “spot zoning.”
While homeowners abutting Johnston’s property supported his request, nearby residents of Brookhaven and other neighborhoods spoke out against the rezoning at Tuesday’s council meeting.
These residents complained of increased traffic, car headlights glaring through neighbors’ windows at night, and an overall concern that, if rezoned, the five new commercial lots could later be purchased and become one large commercial development.
Several residents submitted letters to the council voicing their disapproval and Rachael Fisher of nearby Peavey Avenue presented a petition signed by 50 residents in opposition to the request.
“Any zoning change would affect the over-100 houses in the neighborhood” where children routinely play, she told the council. “We chose to live here in a comfortable and suitable neighborhood.”
Nathan Rand, also of Peavey Avenue, told the council he didn’t want “a gas station or a supermarket” in his backyard.
Tim Chute of Pinecrest Avenue said he didn’t “begrudge Mr. Johnston for trying to make a living,” but asked where does commercial development stop in Windham?
Other residents spoke in Johnston’s defense. Bruce LeClaire of Brookhaven Drive noted that many of the neighbors’ concerns related to “pre-existing” issues with the Route 302 corridor. In his opinion, the rental of tuxedos at Johnston’s craft shop would not cause a dramatic impact on the area.
“I just don’t see this as flashing lights and neon saying, ‘get your tuxedo now,'” LeClaire said.
Johnston told the dissenting neighbors and the council that he was following the town’s advice by presenting the rezoning request and that he was only trying to add one item to his store.
“My dream and intent has always been to build this country-store, nostalgic of life back in the old days,” Johnston said prior to the meeting.
In the early 1990s, Johnston owned a similar craft store from next to Dave Gutter’s Meat Market in the North Windham commercial district. For economic reasons, he moved the shop to its current location eight years ago. Rent at that time was $2,300 a month plus maintenance expenses in the commercial district, he said.
Before voting on the issue, councilors made it clear that the issue of zoning, not renting “tuxedos,” was in question.
Councilor Michael Shaugnessy argued that big businesses, such as the Windham Mall, were allowed in all three commercial zones. A zoning request is not about one specific business, he said, but rather the whole strip.
Councilor Elizabeth Wisecup advised that all zoning in Windham should to be looked at carefully, not just one small portion.
“It would be prudent to methodically look at zoning down Route 302 and not do it piecemeal,” Wisecup said. “Windham is moving like a freight-train and there’s an awful lot to do.”
Councilor John MacKinnon said he had “no doubt” that the lots in question would be rezoned commercial someday, but “the question is when.”
In the end, all seven councilors voted against the rezoning.
Donna Johnston, David’s wife, remains disappointed by the council’s decision especially since the town’s comprehensive plan designates that part of Windham as a “growth” area.
“It’s really a shame that they make these decisions when they’re not even following their own Comprehensive Plan,” she said.
Johnston said he is thinking about whether to ask the town to amend their home business ordinance to include tuxedo rentals. Currently, occupations such as dressmaking, hair styling, and crafting are considered home businesses.
“They say ‘don’t make it a personal issue’ but this is my business,” Johnston said.
Developer Ralph Vance has recently submitted a similar commercial rezoning request for six lots near The Craft Shop. The town will consider this request at a later date.
The town of Windham denied David Johnston’s request to rezone his craft shop, seen here, from residential to commericial use. Johnston had hoped to rent tuxedos from the store.Send questions/comments to the editors.
