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only so long as the building is used as a restaurant in accord with the specifications set out in the site plan submitted along with her rezoning application.
Mr. McCarthy had proposed a conditional rezoning when Mrs. O’Brien’s request came before the Planning Commission. With the stipulation that the property revert to residential if the use changes, the commissioners endorsed the commercial rezoning.
In a repeat of the Planning Commission’s session, Phil Irwin was the sole speaker at the Board of Supervisors’ public hearing, again supporting Mrs. O’Brien’s application for the conditional rezoning as “an appropriate use of an existing structure.”
“How will her proffer be affected in the event the property is sold?” asked Supervisor Nelson Lane.
Mrs. O’Brien’s voluntary restriction on the use of the building as a 75-seat restaurant is “a covenant on the deed, so to speak,” said Mr. McCarthy. According to the Commonwealth’s Attorney, the zoning
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