One architect described it by saying, “it looks like a prison”
On April 4, 2008, Harvey Hanna and Associates also known as Dewey Beach Enterprises (HHA/DBE) filed a building application amending their previous 35 foot application for a second and third phase of their building at Ruddertowne. Through proper channels CPD obtained a copy of the plans from Town Hall last week, and it was just as we had expected.
The building walls are straight up with no setbacks, balconies or architectural details, and as just ugly as Thom Harvey promised the building would be during a television interview last fall. As he said, he would build “junk” if he didn’t get the town to agree to the height he wanted. (It’s curious that DBE submitted this plan late in the day on April 4 just prior to the Saturday Town Council meeting where Council was set to vote on the Floor Area Ratio ordinance that would have placed further restrictions on commercial building until Planning and Zoning completes the task of rezoning the town. Were they holding this card all along planning to build onto the 35 foot structure in a few years when we might have a Council that is more favorable to developers?) This is why it is so important to make sure we put a referendum item on this fall’s ballot to change the Dewey Charter to limit building height to 35 feet.
Since Dewey Beach currently has a building moratorium in effect, there is some question whether this application has been formally accepted by the town. The building inspector received it, and it is under review by him and the Town Attorney to see if it complies with the town standards, which of course it does not.
DBE continues to misstate the facts to build its legal record against the town.
In the letter accompanying the application, attached to this email, IDBE continues to attempt to establish the Ruddertowne Architectural Committee (RAC) as the ‘official’ working group mandated by the Town’s Comprehensive Plan which carries the “force of law.” The official Working Group of the Comprehensive Plan is clearly specified on page ii of the Comprehensive Plan and is an entirely different group of individuals than those who volunteered on the RAC. We believe the continued strategy of HHA/DBE is to build a record of statements and facts they know are not true in preparation for their threatened lawsuit against the town. The RAC was simply an ad hoc group formed to explore with Highway One options for the Ruddertowne property. It is also most curious that former Commissioner Mike Eisenhauer, former Chair of the RAC, and a supporter of the HHA original 68 foot plan, submitted a final report of the RAC months after the committee disbanded and after he already gave an oral final report at the July 13 Council meeting and he refers to the RAC as the “working group” further confusing or attempting to confuse, the issue. Once and for all: the two groups had completely different memberships, and the only people confused about it are Eisenhauer who favored the 68 foot plan, and HHA, the developer of the 68 foot plan. We can only hope any judge who reviews these materials will see through this attempt by HHA to confuse the issue.
The HHA/DBE legal strategy is to insist that they received town approval from the RAC, as the official town “Working Group”, and they relied on that to their detriment in proceeding to put a deposit down and ultimately purchase the Ruddertowne property. Thus, it appears they plan to argue that the town is denying them their property rights if it does not allow them to build to 72 feet.
We will keep you posted.
Sincerely,
Citizens to Preserve Dewey
If you want to re-affirm your sentiments on this type of development, please write your Town Council and Planning and Zoning.
Mayor and Town Commissioners
Mayor Dell Tush | delltush@townofdeweybeach.com
Commissioner Diane Hanson | dianehanson@townofdeweybeach.com
Commissioner Rich Hanwinckel | rhanewinckel@yahoo.com
Comissioner Claire Walsh | Cwalsh@delawarehospice.org
Comissioner Dale Cooke | dalehcooke@hotmail.com