Small Town News

Dewey toughens town height limit

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Changing 35-foot ceiling now requires referendum

After hearing an hour of ardent testimony from town property owners, Dewey Beach Town Council unanimously passed a measure requiring a two-thirds referendum vote to alter the 35-foot height limit.

Mayor Rick Solloway opened the Saturday, July 10 public hearing by saying he favors the ordinance as written, but he invited debate over two specifics: should the limit require a two-thirds majority instead of a simple majority, he asked, and should town council wish to alter the ordinance, should it need a unanimous vote to do so? Commissioner Marc Appelbaum said the requirement for a unanimous vote protects the height ordinance against changing councils and shifting influences.

"Sometimes, people become commissioners and they become different once they're in office," Appelbaum said. "Five-to-zero gives the town more protection."

Dozens of property owners filled the Dewey Beach Lions Club clubhouse; none spoke in opposition to the ordinance. Property owner Marcia Shieck recalled the 2008 referendum vote in which 86 percent of Dewey voters approved putting a 35-foot height limit in the town's charter, where it could only be changed by the General Assembly.

"This is Dewey's biggest issue ever," she said. "Put it on the table. Stop this train wreck and get it done." Dewey's attempt to pass a charter change stalled in the Legislature in June 2009 after meeting opposition in the Legislature. Lacking lawmaker and town council support, it remains on the Senate floor.

For Commissioner Martin Seitz, the new ordinance offers more protection than the charter change, which was he said was hobbled by a House amendment providing an appeal to the board of adjustment.

"This is a good alternative to the dilution we got in Dover," he said.

Commissioner Diane Hanson agreed.

"A unanimous vote is crucial," she said. "It gives the ordinance the strength of a charter change."

Marilyn Seitz, wife of the commissioner, launched an impassioned attack on Dewey Beach Enterprises (DBE), which has filed four suits against the town over the use of its Ruddertowne property. Another might be on the way, she said.

"They're not going to let us do this so easily," she said. She seemed to address Bill Lower, representative of DBE partner Harvey, Hanna & Associates and a regular at town council meetings. "No more lawsuits," she said. "No more harassment."

As proposed, the ordinance would not take effect until Sept. 10. Former Commissioner Rich Hanewinckel urged commissioners to make it effective immediately.

"Don't wait until September," he said. "Close the lid."

When commissioners discussed the date, however, town attorney Glenn Mandalas cautioned against enacting the ordinance upon passage.

He said delaying the enactment would aid Dewey's lawyers in their defense against the DBE lawsuits.

"That effective date being put further out in some ways helps that," Mandalas said. Skirting around specifics, he said some commissioners are aware of the reasoning but others might not be.

"Do you feel the date is more important because of what's occurring?" asked Commissioner James "Zeke" Przygocki.

"I suspect this ordinance would trigger certain things to happen in litigation," Mandalas replied.

Commissioners unanimously voted to approve the ordinance as is. Following Seitz's vote - "This brings it back to our neighborhood," he said as he voted yea - the audience erupted into applause. Appelbaum said the ordinance wasn't intended to single out a developer - rather, he said, it captures long-standing and widespread public sentiment

"This ordinance is not directed at one project or another," he said. "This is to memorialize the intent of years and years, not just one incident."

DBE attorney Shawn Tucker disagreed. "Yet again, Dewey has adopted an ordinance that singles out one property owner in Dewey Beach," he said. "This has been Dewey's MO since a powerful DC lobbyist helped elect Dewey commissioners."





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