What People Think

The following are letters received by us during the week from Friday, August 13 to the 20th, 2010.

I completely support your efforts to preserve Dewey. One thing I have not seen in the many discussions is the impact such an establishment would have on the Bay. To provide the underground parking plus the amount of sewage a multi-residential/commercial building would require seems to go against all the environmental issues we have been hearing about the Bay. Are there not state and federal requirements that bear on this issue?

Also, what I don’t understand is why such a large complex is needed, when every week there are notices that various condo buildings are up for auction, including some in Dewey. What is the true ultimate purpose of this establishment–a casino?

To the Commissioners of Dewey Beach:

As homeowners in Dewey Beach, we implore you not to give in to the bullying of Dewey Beach Enterprises. Our property owners have made it clear that they do not want buildings above 35 feet. To allow this developer to breach our height limit would be a smack in the face to our residents and to all the business and property owners who abide by our building codes and the decisions of our board of adjustment.

Allowing a developer to rewrite our building codes is just plain wrong. Our zoning codes and comprehensive plan are our primary protection against inappropriate and excessive development in our small coastal town. Limits to building size (height and density) are not only desirable, but necessary. Unbridled development will result in over-crowded beaches, increased traffic on our already heavily-travelled roadways (and the pollution that goes with it), sanitation issues (particularly for a town that has no sewage treatment facilities), and additional stress on our sensitive inland bays.

We cannot allow a deep-pocketed developer to determine the future of Dewey Beach, nor can we establish a precedent of being “sued into submission.” If we give into the demands of one developer, others will follow.

Allen & Linda Winton
Swedes Street

As a Dewey Beach homeowner, I am against negotiating any settlement with DBE. All that DBE is doing is intimidating the town. They know that the chances of them succeeding is not good, and by trying to settle, they will insure themselves the new height. If the town needs money in order to fight them, then I would not be opposed to a special assessment to cover this.

- Anonymous

Mayor Solloway and Fellow Commissioners –

The citizens of Dewey Beach have worked too hard in passing a 35-foot height limit referendum (by 86%) and electing Commissioners to protect their interests by unanimously passing the subsequent height limit ordinance to give it away in a settlement with DBE / Harvey Hanna.

DBE / Harvey Hanna realize that their only hope to trump the citizens’ overwhelming desire to protect their town landscape from a towering development (sadly, South Bethany’s landscape has been marred by Sea Colony) is to file as many lawsuits against the Town as possible to threaten the Town’s budget. While they surprisingly were victorious in the Delaware Supreme Court, they are too quick to claim victory in federal court. As a former law clerk to a federal judge and ultimately a federal prosecutor in Maryland, let me remind you that it is exceedingly difficult to succeed with a motion to dismiss in federal court. The fact that Dewey Beach’s motion to dismiss failed does not provide DBE / Harvey Hanna with any reason to claim superiority as they have, and the Town’s citizens need to be informed regarding their false claim of victory. I still believe that the Town will prevail in federal court, as do the Town’s insurers in their decision to stand up for the Commissioners. The very fact that the Town’s insurers support the Town’s positions amidst these several lawsuits demonstrates that the Town and its citizens are acting properly and have the right to protect their Town’s landscape.

Although I do not know the entire procedural history of DBE / Harvey Hanna’s several lawsuits, I do have two suggestions. The Town’s attorneys should examine whether the Town should move to consolidate DBE / Harvey Hanna’s claims into one lawsuit. Public policy dictates that a plaintiff cannot file a steady stream of lawsuits that rise from the same series of transactions to intimidate or overburden the defendant. The Town’s attorneys should also consider filing a malicious prosecution counterclaim or lawsuit to place DBE / Harvey Hanna on the defensive or, at a minimum, force the developer to account for its unending pattern of lawsuits. The Town should play hard ball in court with DBE / Harvey Hanna, which itself does not have unending funds to prosecute all of its lawsuits, especially after shelling out $13 million to buy this property.

Whatever course you take as our elected Commissioners, after consulting the Town’s attorneys, you respectfully must protect our Town’s overwhelming mandate to limit construction height to 35 feet. Thank you for your major efforts to stand firm and fight DBE / Harvey Hanna, which views expensive and intimidating lawsuits as their last gasp to trump the citizens and elected officials of Dewey Beach (not to mention the Town’s insurers, who speak volumes by continuing to support the Town in its battle against this aggressive developer).

Thanks again.

– John A. Gephart

These guys have to be kidding. No one wants them there.

However, if they want to buy the complex and build a structure, that is OK, even though I think it takes character out of the town. But my husband and I agree-we absolutely will not cave on the 35 foot limit. We bought in Dewey 15 years ago because we like the sweet beach town it is- we don’t want to live in an Ocean City.

-Beth Wade
-Clayton Street
-Dewey Beach

Dear Commissioners;

We are advised that you plan to meet again today to reconsider the Dewey Beach building height limits beyond 35 feet. Dewey property owners, whom you represent, have made it clear that they want no part of taller buildings in Dewey.

Yet DBE continues to bully Dewey with lawsuits intended to beat you commissioners into submission in order to gratify their contrary corporate self interest.

All the reasons to oppose a higher height limit are well documented…traffic congestion, obliterating the character and charm of Dewey… and for what?? So some deep pockets developers can stuff their pockets still further?

I can only imagine the agravation and personal inconvenience that opposing this financial juggernaut has cost you.

For that, we are grateful. And we implore you to continue the good fight, even it takes a special assessment to underwrite the legal defense costs.

We are sorry that we can not be there this afternon to support you.

But your mission is clear…to carry out the will of the electorate and MAINTAIN THAT 35 FOOT BUILDING HEIGHT LIMIT!!!

With best regards;

Norm and Lyn Cartier
Newark, DE and Dewey Beach

Dear Mayor and Town Commissioners:

I am writing you today to express my frustration with Dewey Beach Enterprises (DBE) and its continued legal campaign to force the town to accept development in the Ruddertowne area that the town and it’s property owners clearly do not want. I am referring to the article in Thursday’s Cape Gazette, DBE Takes Dewey Back to Court.

My family and I own a townhouse at 11 Collins Avenue – I am also president of our condominium association. My wife and I visited Dewey for years before buying our townhouse. What we now enjoy about Dewey is its small town, and underdeveloped, charm. Our young children, ages four and two, love it too. I worry that giving in to the demands of the bullying DBE will also surrender much of that charm. It will bring unwanted, oversized development, more raucous weekend traffic and more parking and noise problems. We bought here precisely because Dewey is not what a lot of other beach towns are: over-developed, congested tourist meccas.

We strongly support the town’s decision regarding the 35 foot height limit and the zoning ordinance the Council recently passed. I can totally sympathize with the burden of fighting these frivolous suits and the costs they impose on the town in this unpredictable economy. That said, I think the town needs to stand up against this egregious intimidation though the use of abusive lawsuits.

Please do not yield to the demands of DBE and its litigators.

–Michael Behm

To the Dewey Beach mayor and council members:

Please negotiate and end this nonsense. Litigation is not the answer. It seems to me, DBE has the law on it’s side. I personally think the structure originally proposed by DBE could bring revenue to Dewey Beach in the off-season…and be an asset to our town. I am an adult property owner and I believe all this childish fighting and bickering is forever tarnishing the image of Dewey Beach!!!!!! Instead of trying stubornly to be RIGHT, it’s time to do what is BEST for our town.

Thanks for listening.
Sherry Greth

I am a property owner and want to continue to fight for the 35 foot height limit.

If we give in to this developer then we have to give in to all developers going forward.

Is there actually a scenario where we would want to give in???? An indoor rink sounds pretty cool. But you can have a rink without going past 35 feet.
If we give in what is the new height limit and how do we control development in our town?

Are all plans reviewed by a town planning committee before they can be developed?

I only want what’s best for my town.

Homeowner:
Roaine Steblai

I ask you to continue to defend our town against the onslaught of lawsuits intended to attain the ability to build a structure higher than 35 feet. Our old and new (current) town code both clearly state that no building should be built higher than 35 feet. To settle lawsuits with any developers who would pressure our town for something that was known to not fall within our town building code from the very time that they purchased land, would be an insult to the town and its people. It would make a mockery of all towns’ rights to develop appropriate building codes.

Respectfully,
Betsy Damos

I say “NO DEAL’! I strongly support the 35 ft height limit. I bought in Dewey beacuse I love it as it was, and currently is. If I wanted higher buildings and more density, I could have bought in Ocean City.
Rose Mahoney

PLEASE DO NOT give into greedy developers who’s only interest is to line their own pockets. They have no interest in improving our town, just changing it to make more money. The partners of DBE already have the town by the throat as their bars throw off tax revenue. Pretty sad that we have to cave greedy bar owners that just make our town more disgusting every year. When is enough enough when it comes to the number of bars in town, or how far they can push the town representatives?

Please stand strong and don’t let the town deteriorate any further.

M. Michel
Bellevue St. Dewey Beach

More like greedy developers. Isn’t this the same crew that can’t stop opening bars in town? The only thing they care about is making money. If it’s selling alcohol or over-developing to the point of changing the gestalt of the town, they have their own agenda and I can’t see that there’s anything altruistic about it.

Mary Michel
Bellevue St.

Ladies and Gentlemen:
I was very surprised by the recent judicial ruling. However, Commissioner Applebaum’s comment is on target. The artist’s rendering in the COAST PRESS raises the following questions. As a mixed use parcel, how many on-site parking spaces are required? Where will the developer find them? Is Van Dyke Street to be abandoned to create parking as suggested in the rendering? Will the town agree to this? Even with diagonal parking I do not believe there is enough street right-of-way to accommodate the parking scheme depicted. What is the right-of-way width? 100 feet? I feel at least 106 feet is necessary.
Keeping in mind the statement that the Cove, Lighthouse and Que Pasa will remain, where will those customers park? Offsite with shuttlebuses? I think not.

Keep up the good work.
Best regards,
James Tyler

The Town should not allow DBE or anyone else, to build anything over 35 feet. The Town should continue to fight them.

Michael Craig
Dewey Beach Property Owner

Dear Commissioners Applebaum, Hanson, Przygocki, and Sietz,

We have not previously written to you, preferring instead to express our opinions at the polls. However, we have come to believe that it is finally time to clearly articulate our opinions regarding the ongoing conflicts and lawsuits initiated by DBE’s team of lawyers. We’d like to add that although we don’t speak for any specific group of individuals or organizations, we know that our opinions are shared by a number of our friends and neighbors in our summer town.

After all of the aggravation that our town has been subjected to, the anxieties that some have endured as a result of DBE’s attempts to intimidate individuals and citizens through the specific fear of personal liabilities, or the general concerns that opposition to their proposals will bankrupt the town’s limited resources, we believe that it would be an egregious mistake to “throw in the towel” at this point, and submit to the corporate interests that are contrary to the expressed desires of the majority of voters and citizens of Dewey! A tactic commonly used by wealthy corporations, is to employ their “team” of attorneys to intimidate and “wear down” the resolve and resources of a small town like Dewey. In our opinion, this is a perfect example of corporate “bullying” and demonstrates an arrogance that is unparalleled by any other corporate enterprise in our town. Other corporate development projects have been approved in Dewey, and successfully completed without multiple lawsuits or “veiled threats” to bankrupt the town’s coffers. We are not opposed to development, just the development driven solely by a profit motive, unrestrained by regulation, and most importantly, indifferent to the will of the people. We also believe that there is an additional concern that has received very little or no attention. While much has been reported about specifications associated with “density” issues of development proposals, we believe that there needs to be an environmental impact study that would clearly show that theecosystem of our fragile barrier island would not be adversely affected by DBE’s proposed projects. Given this accumulation of disingenuous, unanswered questions and ongoing conflicts with the town, it should be clear that at this point, despite the costs, it is crucial to continue our efforts to assert the will of the people in opposition to DBE’s, interests and actions.

Michael and Ann Durkos
Sunspot Condominiums
McKinley St.
Dewey Beach

I think it was General [McAuliffe] (I hope for his good namesake I have it right) who in WWII when the German Army had surrounded his position and demanded his surrender, replied with the world famous one word response “NUTS”. That should be our response to DBE as well. How can good neighbors treat the rest of the Town the way DBE has, i.e. sue to bankrupt the Town into submission. While some accommodation regarding the restructuring or development of Ruddertown (if done in good taste and not prisonlike) may be appropriate, under NO CIRCUMSTANCES should the Town buckle under to the demands to exceed the 35 foot height restrictions. In regard to demands to exceed the 35 foot height, I say we give a resounding NUTS to DBE. Mary and Woody Gilleland

Deal with each litigation and live with the result. There should be no deals with height to make them go away. DBE may become a good neighbor, but I suspect that it will not happen in my lifetime. When corporate profit motives clash with the towns expressed and codified intentions, it is incumbent on all of us to defend the town and the people that we elect to represent us.

Fred

What do I think?

Pat and I have been property owners since 1986, and have been coming to Dewey since the 70s. So, Dewey is our second home.

We like Dewey very much but there are some things we could do without but we tolerate it because we know everyone has their own life to live and it doesn’t necessarily match with what we like.

That being said, the 35 foot height limit matches with what we prefer. And we would work to keep it that way. But we’re only two among the many other property owners. We believe the will of a majority of the property owners should prevail. But as we know that doesn’t always happen such as what the judge did in California, to overturn the peoples will.

But I believe we should continue to fight for what we want and hope that our desires prevail.

Rich and Pat Miller
Surfside 7

Dear CPD:
My husband and I, who own 18 Carolina St., appreciate all you have done to protect the character of our great little town. We do not wish to see a compromise on height — if we open that door, there’s not stopping who will march through it or how high they’ll demand to build. Of course we think DBE should be a “good neighbor” and stop pursuing these lawsuits. We doubt they will see it that way.

Keep up the good work,
Elissa Feldman and Joseph Tarantolo, MD

The following are letters received by us over a six to seven week period beginning Aug. 13th and running through Sept. 30, 2009.

Dear CPD,

Thanks for all you do for us as property owners. About a year ago CEO of RB/DB Chamber of Commerce, Carol Everhart stated a DB town meeting that DEWEY BEACH DID NOT HAVE PROBLEMS WITH ROWDY BEHAVIOR AS THERE HAD NOT BEEN ANY COMPLAINTS TO THE CHAMBER. Please CPD members let Carol and the CHAMBER know your thoughts on that statement. I did send a letter and found that my complaint was investigated. All complaints have to be responded to. Have any of you thought to complain to the C of C? Probably not, but if you have had problems with noise and alcohol infused bad behavior please let Carol know as she seems to be clueless as to our beloved town of Dewey Beach’s problems. Are we a commercial town or a mix of commercial and residential??????? I am sorry to not have CPD in my email contact, but I am now on board to be contact via email.

“Thanks for all the hard work.”

We just received your mailing today and per your request, wish to add our email addresses to your database to help conserve funds and to continue receiving timely updates on issues affecting our “home away from home”. My husband, sister and I own a townhouse in the Cove (#602) in Dewey Beach and have followed the tremendous work your group has done and continues to do. WE do vote in all town elections and appreciate being kept in the loop with truthful information.

The mailing] was well done and quite informative. Thanks for continuing the fight.

Congratulations and Keep Up the Good Work!!!! Please add my wife and m to your e-mail mailing list. I have been in communication with Diane Hanson and glad she is running for re-election along with Rich. We need a strong and unwavering group of commissioners who will stand be the electorate’s (86%) stance on maintaining the 35 foot height limit. I have also urged all I know to vote on September 19th either in person or via absentee ballot. This fight is critical and we must win or we will see Ocean City, MD in our back yards.

Please add me to your email list. We appreciate your efforts to preserve Dewey Beach.

Joy, I thought that the mailing was very informative. We have owned property in Dewey for 7 years, and have been coming down for 25 years.

In that time, we have seen many administrations come and go, as well as citizen’s groups with specific agendas.

It is very difficult to cut through rhetoric to identify exactly what issue(s) each group is championing.

The unfortunate unintended consequence of this is that minor issues that affect us all are often ignored.

To wit: State law states that vehicles must stop for pedestrians in cross walks. Very few motorists obey this law. Signs that alert motorists to this law should be erected at EVERY cross walk in Dewey.

Another issue is the cost to police the bars, such as the Cork, & The Starboard. These businesses use a disproportionate amount of Town resources, when and ordinance should be enacted to levy a per incident monetary fee on theses businesses that create the need for police action.

Another issue is noise pollution. The town has decibel limits on noise, but I have never seen DB Police ticket a motorcycle with straight pipes (which there are many).

I believe that any Citizen organization needs to address a broad range of issues, to appeal to a broad range of property owners. In the past, focusing on a single issue has been the major mistake by such groups.

There are many other issues that should be addressed, and I am hopeful that the current Commissioners will discover that there is much more to be done in DB than enforcing the 35’ height requirement.

[The mailing] is great. Keep up the good work. We are owners for 20 years on McKinley Avenue; however, my wife spends the entire summer there (being a teacher in Wilmington) and I just on weekends. We both spent our teen years also at Dewey.

Hi, I enjoyed your latest newsletter and wanted to sign up for email version.

CPD

Thanks for all you’re doing. Please add [our emails] to your list.

Thanks.

Loved [the mailing]! We thought with the passing of the height restriction, the issue was resolved. Your newsletter informed us there could still be problems holding on to it. Thanks!

Joy and Joe,

We were really glad to get [the mailing]. We have heard a lot of the rumblings about further development of Ruddertowne, but having just bought our house in Jan, have not heard the details. We have been coming to Dewey off and on for probably 15 years, and what we like about it is the small town feel. Developing a project of this magnitude they are talking about would totally change the dynamic. While people should be allowed to develop their property, the rules were in place when they bought, so they should live within those rules. I don’t see how anyone else in the community benefits besides those developers. It will overcrowd the beach, depress rental and property values by flooding the market, and make bad traffic worse. We are glad to be on your email list as it looks like you all will give us important information as to when we need to speak up – we too are absentee owners living in Northern VA and I’m sure they will try to ramrod things through wile they hop no one is looking, so thanks for looking!!

Thanks for adding my email address to your distribution list.

After renting in Dewey for the past 20+ years, I finally decided to become a homeowner and purchased [a property on] Cajun Cove earlier this year. While I am not a full time resident, I spend most all of my weekends there, at least in the Summer.

I appreciate the letter, found it helpful, and would like to learn more about the Town’s long term plans for defending itself from lawsuits while taking care of the day-to-day needs of the residents.

I plan on attending your candidate forum and will be voting in person in September.

I would like to be added to your distribution list. We own a townhome on Collins Avenue and so we are very interested in the commercial development in and around Dewey. Thanks.

Dear Committee –

Thank you for the detailed newsletter about the recent success you had with the 35ft height restriction. I an in full support of your efforts and would like to be part of your email announcements. Being part of the heritage of Dewey Beach for many years and most recently a home owner, I will help support you to the best of my time. Thank you for all of your efforts.

Hello!

Thank you for the recent letter you sent to us. Please continue to keep us informed. Thank you for working to preserve our wonderful beach town.

Hello – I am a home owner in Dewey Beach and have received your most recent letter regarding DBE.

Please add me to your mailing list so I can stay informed and get involved.

Thank you,

My husband and I applaud and support your efforts and would very much appreciate being kept in the loop.

We are owners in Dewey Beach and would like to also, preserve Dewey Beach.

Thank you for sending the letter describing your groups’ efforts to support the Dewey Beach way of life. My wife and I have owned our home in Dewey for 12 years and look forward to raising our sons in the same small beach-town environment that first attracted us to Dewey.

Please add us to your e-mail distribution list. We applaud the effort of CPD and would like to stay help in any way we can.

“Great job!”

Thank you for the newsletter. WE CARE ABOUT DEWEY!

Thank you for all the work you are doing. We need to do something to bring more business to Dewey Beach rather than sending the crowd to Rehoboth or Ocean City. One of the reasons we have problems renting our place in Dewey Beach, renters complain that there is nothing to do for families?????

Dear Steering Committee,

We have received your recent mailing and would like to be placed on your contact list for emails. We are new property owners in Dewey and have enjoyed our first summer. The idea of additional congestion resulting from overdevelopment is a concern for us.

Please keep us posted on pending actions related to this issue. We know that there is an upcoming election in the area, but we are not sure whether or not we are eligible to vote as second home residents and which candidates best support the control of development in the area.

Hello,   I received your email regarding placing signs of officials you endorse on citizen’s front lawns. Feel free to add me to the list of people supporting them, as well. I’d be proud to help elect anyone that you endorse, as it seems we have the same goals and future in mind for our little town.  Thank you for continuing to provide me with information regarding DB’s issues. I look forward to attending as many of the events you’ve mentioned, as possible.  Keep up the great work!

My husband and I would be happy to have a yard sign supporting these two excellent Commissioners… Thanks, and we look forward to hearing your views on a third candidate. Thanks for all that you do to preserve the Dewey Beach we love.

You are more than welcome to post candidate signs on our beach properties. Thanks for all your hard work and dedication.

You folks did a super great job on explaining the issues and candidates, especially the issues of the Mayor and her conundrums which no one could prove. Your research is superb! It is almost like you know how to unscramble an egg and just lay out the facts. I am so happy you are only supporting 2 candidates that is absolutely the way to go. Diane and Rich all the way…………………….  Proud of you all,

I think you are the BEST! And we are very fortunately to have your help in preserving Dewey Beach.

I am somewhat concerned about the anti-cpd publicity in the papers. However, your response has always been measured, respectful and professional, another reason for my continued support…

Good luck this coming Saturday – VICTORY is around the corner.

We are in total support of your mission. Please let us know how we can help moving forward. Good call to side step the drunks, crime and noise issues at this time. The bars control the town, the police, etc. and that is not going to change in the near future I am afraid. Stay on DBE and 35 ft as I think you always have.

We are solidly behind you in your fight to maintain the 35 foot maximum height restriction and urge you to push ahead with the State legislators to secure such a limitation by incorporating it in our Town’s Charter. Only then will we be assured that the voters in Dewey Beach will determine the future of our Town, not special interests, or a majority of Commissioners who promise one thing to get elected and then appease the special interests, all in the name of attaining harmony. We have been property owners in Dewey Beach for over 19 years, but live in Pittsburgh which has been our home for some 70 plus years. It is insulting and demeaning to be referred to as a “carpetbagger” just because we are not Delaware citizens and do not permanently reside in Dewey Beach. Despite the fact that we pay taxes to Sussex County and Beach Taxes to Dewey as well as support local businesses with food, clothing and entertainment dollars, we are told that since we do not pay State Income Taxes to Delaware, our voices should not be listened to. Please continue the fight, for you are the voice of the majority and without you and your coordinated and powerful voice, we would not be heard and eventually trampled under the large and well financed foot of the developers who have only their self interests and money at stake, not the well being of our Town. Thanks for your efforts in the past and for being a voice of reason, not one of mud-slinging.

Dear CPD:

  Stay concentrated on the 35′ issue. That is your main goal now. Try to weed out of your mailing list those who are against you. Delete them.   I wish you could help me with the noise problem. Perhaps you could teach me how to get started. Then, down the road, when the 35′ issue is finalize, you could take on other issues like noise or whatever dilemma arises then.  Thinking of having selected property owners over to conjure up some interest in working for a quieter Dewey. I might start my own group. I am not sure how I can be effective. I sure don’t need a lawsuit.   Many of us are proud of you all,

Thanks for your efforts on behalf of homeowners. I am a newbie but I (we) support your cause and appreciate all you do. I am disappointed that both candidates you recommended did not get elected.

Dear Group,

I for one, appreciate all the hard work your committee has done and hope it will continue in the future.

Hi Everyone,

[We] totally support the tone and positions that CPD has taken over the last couple of years. Stay the course and don’t change a thing. We will continue to support you. Personally, we made a decision that if the town changes the 35 ft height limit that we are going to sell our home and move on. Philosophically, we can only shake our head and say nothing lasts forever. We hope it doesn’t happen. We have made one other personal decision and that is to boycott the long list of bars and restaurants that support the bar PAC. For them it is all about consolidating control and putting money in their pockets. We want to make sure we don’t add one dime to their profits and cash flow.

Don’t be discouraged.

“You can count on my continued support.  Regards, “

Keep on the job–you have kept us alert—hope u keep at it!

“Keep up your hard work and don’t cave in on the 35 foot height issue.”

The following are letters written to Delaware State Representatives over a three day period April 27, 28 and 29th, 2009. These letters were in response to a request by the CPD that Dewey Beach citizens voice their concerns to our elected officials about ratifying HB 50.

Dear Representative,

Please ratify HB 50 as submitted by the property owners and voters of Dewey Beach. Please respect the wishes of 80% of the town’s voters, more than 800 voters, who voted to keep the height limit of our town at 35 feet and to put a mandate into our Town Charter. We urge you to uphold the wishes of the voters of Dewey Beach and respect the accepted practice of allowing municipalities to protect their town as they see fit within the confines of the laws of the State of Delaware. We are fighting a developer who has filed two law suits against our town, who has stated that they will drag us into court time after time until our insurance and town coffers are drained from the legal expenses of defending our town.

Please respect the accepted practice of allowing Municipalities to govern themselves as they see fit within the confines of the laws of the State of Delaware.

Thank you for your consideration of this local initiative to maintain the quality of life in a small community.

P & L
Dewey Beach, DL
April 29, 2009

Ladies and Gentlemen:

The Delaware Constitution specifically allows for the General Assembly to enact laws allowing municipalities to adopt zoning ordinances, laws or rules limiting and regulating therein buildings and structures for the purpose of promoting health, safety and morals or the general welfare of the community, the legislative body of cities and incorporated towns may regulate and restrict HEIGHT, NUMBER OF STORIES and size of buildings and structures.

This Charter Amendment, HB 50, is what the last two elections were all about, saving the Town of Dewey Beach from high rises.

Please respect the accepted practice of allowing Municipalities to govern themselves as they see fit within the confines of the laws of the State of Delaware.

DK
Dewey Beach,
April 29, 2009

Dear Representative,

I am a property owner in Dewey Beach. I voted against the 35 ft Ht restriction because a large portion of the properties already exceed that limit, mine does not. So, to impose that restriction on me is unfair. I think the Ht limit shld not exceed the tallest existing bldg in that zoning category. That wld be fair to all, not just those who have built their McMansions previously and now don’t want others to have the same opportunity to do so. Thks for listening.

RCS
Dewey Beach. DL
April 29, 2009

To all Delaware State representatives:

Regarding the Developers continued efforts to thwart the town of Dewey Beach’s 35 ft height restriction:

We did not expect that the developer would go away quietly after the town hardened the 35 ft. height restriction in the town charter by an overwhelming vote of the property owners in Dewey Beach, but we also did not expect local representatives to join forces with the developer.

Concerned about the lack of an appeal process is a red herring. It is akin to saying that the majority vote that put Obama in office is of concern because there is no appeal process. The argument is facetious and without merit. It is a process without the right of appeal. The voters spoke. Listen to what they said.

And further, to say that the voters did not know what they were voting about when they overwhelmingly approved the height restriction is a gross assumption without factual substantiation. I assure you I knew. I wanted it hardened in the town charter because I did not want another group of non paid town commissioners to decide something other than that height restriction.

This developer is concerned about making money. The property owners here in Dewey are concerned about the character of a town they love and are a part of. If you are an elected representative in the state of Delaware, the smart play is to cast your lot with the people in this town of Dewey Beach.

FH.
Rehoboth Beach, DE
April 29, 2009

Dear Ladies and Gentlemen:

We are writing as new owners of a second home in Dewey Beach, Delaware. We live in Northern Virginia and could have chosen to purchase a second home anywhere along the Eastern Shore. We chose Dewey Beach because of it’s small town feel. The 35ft. maximum building height is a big reason why we love Dewey. It’s unique.

Thank you for your time.

R&B D
Dewey Beach, DL
April 29,0299

Dear Legislators:

I understand that the referendum regarding the 35 ft height limit for buildings in Dewey Beach has been sent to your forum for evaluation after being approved by 80% of the property owners (and taxpayers) of Dewey Beach. There has been some concern about the constitutionality of this referendum restricting the rights of some.
I believe the constitution protects the rights of all to the point where these rights do not restrict the rights of others. Eventually, to some degree, the rights of everyone are compromised to provide equality and responsible co-existence in society. In this case, the majority opinion takes precedence.
This referendum is superficially about height, but really represents the conflict between population density and its associated problems vs. the pursuit of more profit. Increased building height, to any degree, would increase the density, traffic and congestion of what is already a busy town during the summer season. Increased density would result in the following problems…

Increased traffic – Route 1 is already slow with Dewey Beach traffic and through traffic – there is no room fro expansion.

Increased litter – the residents clean this up, not the businesses.

Need for increased police presence – All one needs to review is the Tru-TV series on Dewey Beach to figure out that more police will be needed. Again, this bill will be mostly covered by the residents, not the businesses.

Crowded beaches – Already there are rules restricting ball-playing, frisbee throwing due to beach crowding. The relatively narrow beach is usually already packed during the summer.

Most businesses in Dewey Beach seem to be doing very well – with ONE STORY of height. Check on the Starboard or the Bottle and Cork for example. However, the temptation of more people and subsequently more money is a very strong motivator for building higher structures.

Consider the people who actually may have a house next to a much higher structure. Are their views obstructed? Is there access to sunlight reduced? Do they have a right to this?

In summary, this height referendum is a simple, straightforward, easy to understand rule, which, to a significant degree, will restrict further development and the myriad of problems associated with that development in a confined space. Because of its simplicity, legal challenges will be difficult. Making exceptions and compromises would weaken the referendum to the point of uselessness. It must be clear and concise. The vast majority of Dewey Beach owners have requested this restriction knowingly. Please consider approving this referendum and help make Dewey Beach something special.

SH
Dewey Beach, DL
April 28, 2009

Dear Representative,

An overwhelming majority of Dewey Beach voters voted to limit the height of buildings in town to 35 feet. We all know exactly what we were voting for – the survival of a beach town that we all love. Now it is your turn to ratify what we voted for. It is urgent that you ratify this ASAP. The deep pockets of the developer who wants to build a mammoth hotel is going to bankrupt the town from legal fees. Send a message that the town so overwhelmingly voted for will be respected.

GSL
Dewey Beach, DL
April, 28, 2009

Messrs. and Mmes:

Please ratify HB 50 as submitted by the property owners and voters of Dewey Beach. Please respect the wishes of 80% of the town’s voters, more than 800, who voted to keep the height limit of our town at 35 feet and to put a mandate into the Town Charter. We urge you to uphold the wishes of the voters of Dewey Beach and respect the accepted practice of allowing municipalities to protect their town as they see fit WITHIN THE CONFINES OF THE LAWS OF THE STATE OF DELAWARE.

We are struggling to prevent some mendacious carpetbaggers from turning our lovely little beach town into another high-rise Ocean City. Please protect your constituents who are asking for your help.

Respectfully submitted,
E&H C
Dewey Beach, DL
April 28, 2009

Dear Delaware State Representative,

Please pass Charter Amendment HB50 to keep the 35 foot height limit in Dewey Beach as it was overwhelmingly voted by referendum and submitted to you.

To have a Board of Adjustment review an appeal to build above this height would leave the future character of Dewey in the hands of 5 Board of Adjustment members at best; and with a quorum of 3, in the hands of only 2 people. This would put our town in jeopardy and vulnerable to crippling litigation in the future.

Instead, the referendum vote was a splendid example of government by the people. Eighty-five percent of the voters have asked that you approve this change as originally written. I implore you to not let us down. This is not an anti-development issue; appropriate development in the town would be welcomed. The people of Dewey Beach only want to preserve the character of this small town which they love, and have spoken loudly and clearly.

Thank you,

BD & DK
Dewey Beach, DL
April 28, 2009

Dear Representatives,

We, The People, of the Town Of Dewey Beach voted (80%) to enact the Charter Amendment to limit the height of buildings in Dewey to 35 Foot.
Please HONOR our election process by ratifying HB 50 submitted by the Property Owners (I am a full-time resident) and voters.

On WEDNESDAY, at Rep Schwartzkopf’s Committee Meeting, please honor what the citizens of the town have tried to obtain for the past several years and Pass the Charter Amendment HB 50.

Thank you,
RH
Dewey Beach, DL
April 28, 2009

Dear Representatives,

Please ratify HB 50 as submitted by the property owners and voters of Dewey Beach. Please respect the wishes of 80% of the town’s voters, more than 800 voters, who voted to keep the height limit of our town at 35 feet and to put a mandate into our Town Charter. We urge you to uphold the wishes of the voters of Dewey Beach and respect the accepted practice of allowing municipalities to protect their town as they see fit within the confines of the laws of the State of Delaware. We are fighting a developer who has filed two law suits against our town , who wants to drag us into court time after time until our insurance and town coffers are drained from the legal expenses of defending our town. Thank you for your consideration and support of this democratic principal.

W&M G,
Dewey Beach, DE
April 28, 2009

Please ratify HB 50 as submitted by the property owners and voters of Dewey Beach. Please respect the wishes of 80% of the towns voters, more than 800 voters, who voted to keep the height limit of our town at 35ft and to put a mandate into our town charter. We urge you to uphold the wishes of the voters of Dewey Beach and respect the accepted practice of allowing municipalities to protect their town as they see fit within the confines of the laws of the State of Delaware. We are fighting a developer who has filed two law suits against our town, who wants to drag us into court time after time until our insurance and town coffers are drained from the legal expenses of defending our town.

Respectfully,
DF
Property Owner for 36 years
Dewey Beach, DE
April 27, 2009

Please introduce and pass HB50 in its current, unaltered form.

Dewey Beach has asked for 35 ft. to placed into its Charter, so please assist us in getting this done right away.

Sincerely,
DD
Dewey Beach, DE
April 27, 2009

We the township of Dewey beach have voted and made our feeling clear. We wish to preserve our 35’ height building limit.

Respect our wishes. Do not cave in to developer pressure. That is what you have been elected to do. If you have lost touch with your constituents, maybe its time to rethink your role in government…..REPRESENT!

It’s this type of back door deal making that makes us sick of our representatives and distrustful of your decisions.

Lets us be, we have voted. Move on to other matters that require your attention. This one is done.

IG
Dewey Beach, DE
April 27, 2009

Members of the General Assembly
Ladies and Gentlemen

Please enact House Bill 50 now pending in Representative Schwartzkopf’s Committee, and send it to our Governor to be signed into Delaware Law.

We, the property owners of Dewey Beach requested that this Bill be properly drafted, submitted, heard, and enacted by you. Over 800 of our Dewey Beach property owners (and your voters) supported our Charter Amendment, and now a wealthy Dover builder seeks to kill HB 50 at the last minute, to advance his plan to build a huge structure in the heart of our little town of Dewey Beach. We don’t want this to happen. This is wrong and you know it.

You must support this Bill which we worked so hard to send to you. It took a lot of time and effort on our part to put this effort together.

Thank you for your understanding and help, and we hope that you will support our position.

G&N G
Dewey Beach, DE
April 27, 2009

Dear Delaware Representative,

As a home owner in Dewey Beach for the past 6 years, please let our votes be heard and pass the charter for the 35 foot height restriction. Isn’t that what votes are for? Isn’t that the American way? Isn’t that what 800 plus OWNERS ( Not lawyers, business owners or politicians ) VOTED FOR?
Right now, we are being held hostage by Harvey and Hanna, who have deep pockets and intend on continuing this legal nightmare.
I live in Hockessin and apparently they did the same thing in Hockessin with a zoning issue.
Please respect the voting process and uphold our ( the property owners ), wishes and rights.
Also please remember that we will be voting in an election for your continued support in the near future.

Thank you for your valuable time and consideration,
JK
April 27, 2009

Dear Delaware State Representative,

Although Dewey Beach is not our primary residence we have owned our home on New Orleans Street since 1971. Our three now-married sons grew up at the beach and worked there summers during high school and college and consider Dewey Beach their second home, coming back every year with their families. We were at the beach this past weekend and what a marvelous place it is. Please respect our Town’s votes on HB 50 and pass this bill as is. Dewey Beach property owners and we have voted twice to limit the height of buildings to 35 feet and understand exactly what we voted for both times.

JS
Dewey Beach, DL
April 27, 2009

Dear Representative,

We are property owners in Dewey Beach and voted strongly to keep the 35′ building code. Please honor our majority vote. We have been part of Dewey Beach for 46 years. Thank you in advance for your help. Again please protect our vote today and our vote for you tomorow.

P&K C
Dewey Beach, DL
April 27, 2009

These are just a few of the many letters concerned residents made the time and effort to write to their elected representatives.

Dewey is looking a bully right in the eye

Take note: HHA/DBE is trying to pressure the town commissioners to negotiate on 35 feet now, threatening to sue if they do not give in. To give in would mean that our town commissioners would be participating in an end run around our own hard-working planning and zoning commission, which has been working for almost a year to come up with new zoning standards as is required by the state for our new comprehensive development plan. HHA/DBE has been trying to circumvent this process for a year by writing a completely new ordinance allowing 68 feet instead of 35 feet as the legal height limit, by coming up with a 35-foot plan that is ugly and violates density limits but would serve as a footprint for higher development at a future time, by getting the town attorney and building official to accept it, and now by threatening to sue based on the actions of those officials. Our new town attorney Glenn Mandalas believes we have a good case, and the town commissioners are standing firm.

Yes, after enjoying budget surpluses during the real estate boom, like many towns across the U.S., Dewey Beach has a budget deficit, due to decreases in transfer taxes and no property tax to offset it. Town commissioners believe that increased parking fees will help offset it, and are putting a new 3 percent renters’ occupancy tax on the ballot in September for consideration by the voters. At this point the budget deficit is down to $190,000 and on the way to further reduction each month as the parking fees kick in. More about all this later.

Regarding increased legal fees, these are due in very large part to a lawsuit involving Dewey police that was filed a few years ago, and has nothing to do with the HHA/DBE threat. The town does have insurance to help offset these costs.

Finally, we have a very able candidate who has filed for commissioner this week, Marc Appelbaum, and we urge more of you to step forward. Dewey Beach needs experienced people who have run businesses, dealt with litigation, understand budgets and can look a bully in the eye. Let us hear from you!

Bob Benedetti
Dewey Beach
The preceding letter was reprinted from the Cape Gazette Letters to the Editor page of 8/15/2008

Dewey article misrepresents the facts

I hardly think the absence of the “obscenity issue” on Mayor Tush’s agenda merited the front-page headline for the Aug. 5 Cape Gazette.

The fact that a law already exists, and the mayor is simply asking for it to be enforced, is no big deal. That is why she was elected. Dewey Beach promotes itself as a ‘family friendly’ town. We want decency standards in Dewey Beach and are glad someone is trying to help Dewey overcome a reputation for being a bar town. Dewey has more families, as is evidenced by what you see on the beach, in our restaurants and on the street. The town is promoting more family activities with weekly movies and bonfires. Families should not have to worry about what their children will see and hear while vacationing here. I support a positive, family friendly image.
Dewey has far more important newsworthy issues. And your photo did not coincide with the story. I doubt any reader had an issue with your photo, when in reality, it was the back of the outfit that was the problem. Misrepresentation of the facts.

I can only speculate the motives behind this story.

Marilyn Rubin
Dewey Beach
The preceding letter was reprinted from the Cape Gazette Letters to the Editor page of 8/15/2008

Thank You… Thank You… Thank You…

As residents of Dewey Beach we want to take this opportunity to thank you all for re-establishing the doctrine of democracy in municipal government by voting overwhelmingly to approve HB 423. Also our thanks to Governor Minner for signing into law HB 423. Against well organized lobbyists and scads of money, the 800 citizens of Dewey Beach proved that united in a cause can overcome any obstacle. If only our politically divided National elected officials could proceed the same way, we can only imagine what accomplishments could be achieved on critical issues like Social Security, energy, the economy, the war on terrorism and much more. Thanks again for putting politics aside and proving that democracy still is the optimum way to govern.

Woody Gilleland
7/9/08

The following letter’s were sent to and from Delaware State Senator’s over a three day period, June 15th thru 17th and are reprinted here with the permission of all participants involved.

Senators:

Thank you so much for your support of the citizens of Dewey Beach today. We are under quite a bit of pressure from a deep pocketed developer, and these charter changes will help us shape the development of our town in a way that is consistent with our small town character and yet vibrant and business friendly. Over 800 of us voted to enact these changes, more people than have voted in some elections. We know you have a busy agenda at this point in the session and we are grateful you put Dewey Beach’s concerns at the top of your list today.

And a special thank you to Sen. George Bunting who was absolutely terrific. We appreciate your leadership, Sen. Bunting.

Sincerely,
Joy Howell, Marcia Schieck
Co-Founders
Citizens to Preserve Dewey
info@preservedeweybeach.com

Dear Senator,

My mother built our one bedroom cottage at 21 Rodney Street in 1947. She was a war widow, and she and I used Dewey to heal. The cottage has been our heart and soul since. In 1975, Mom extended and enclosed the front porch. The original cottage is still there. It has been an anchor in my life, my brother’s life and all of our children’s lives. Dewey is not just another place to us.

I retired in 2002 to Florida and still come back to Dewey every summer. My brother retired from the army in 1992 and moved to Lewes so that he could be near the cottage. My son owns a condo on Rodney and brings his children to the cottage almost every weekend. We come to Dewey for one reason. It is our roots. We love it.

The arrogance of Harvey Hanna Associates continues to amaze me. They have heard us loud and clear. If you want to build in Dewey, stop at 35′. That is not news to them. Dewey is a tiny jewel, and we will protect it.

Please pass HB 423 without amendments and give us the same protections that other beach towns in Delaware enjoy. Thank you.

Jim Dunmyer
Dewey Beach, DE

Dear Senator,

I have owned property in Dewey Beach for 8 years. Last year, the property owners voted overwhelmingly for the Right to Petition for a Referendum. This is a basic requirement for all property owners and is especially needed in the town of Dewey Beach. This kind of protection is available to many in the Charters of other Coastal Towns in Delaware. The protection of petition offers in reality, the last stand for property owners to express their needs, wants and concerns for the greater good.

Since our vote, the town has been continually threatened by a developer who is determined to change our legal building limit of 35 feet, with plans for a building of 68 feet. The House of Representatives unanimously voted for the people, (40-0), and sent the bill on to the Senate.

I am appealing to you to help us have some influence over the destiny of our town for current and future generations.

Failure to pass HB 423 would deny the will of hundreds of people and would serve the financial interests of a few rather than the public interest of the many who have invested in this little beach town.

We appreciate your consideration of this situation, and your continued efforts to support the rights of property owners in the communities in Delaware.

Thank you,
Marilyn Rubin
108 Carolina St.
Dewey Beach, DE 19971

Dear Senators,

Please vote yes on House Bill 423′s charter changes for Dewey Beach. Two separate town councils now have approved these changes and more than 800 Dewey Beach voters asked for them last September. The requested right to petition for referendum already exists in nine other Delaware towns in charter changes approved by the Delaware House and Senate, therefore giving us that protection would set no precedent.

This right is especially important to us now as we defend our small-town way of life from a developer who would make us another Ocean City. With sincere best wishes and thanks for supporting our charter changes,

Michael and Anne Duffin
123 Carolina St.
Dewey Beach, DE 19971

A letter sent from Senator Bunting’s office on June 16th

Good Afternoon,

Unfortunately, due to the huge amount of mail received on HB 423, we are unable to respond to each individually.

Please accept our thanks for your interest in the Bill. Senator Bunting is a co-sponsor on HB 423, thus you can be assured that he will be voting in favor of the Bill.

Again, thank you and have a great summer.

Bonnie L. Wood, Legislative Assistant to
Senator George H. Bunting, Jr. and
Senator Robert L. Venables, Sr.
Legislative Hall
Dover, DE 19901
302-744-4248 Dover Office
302-856-5108 Georgetown Office
302-739-6890 Dover Fax
302-856-5814 Georgetown Fax
Bonnie.Wood@state.de.us

What People Think

“Thanks for all the hard work.”

The mailing] was well done and quite informative. Thanks for continuing the fight.

Please add me to your email list. We appreciate your efforts to preserve Dewey Beach.

Hi, I enjoyed your latest newsletter and wanted to sign up for email version.

We are owners in Dewey Beach and would like to also, preserve Dewey Beach.

“Great job!”

Thank you for the newsletter. WE CARE ABOUT DEWEY!

“You can count on my continued support.  Regards, “

Keep on the job–you have kept us alert—hope u keep at it!

“Keep up your hard work and don’t cave in on the 35 foot height issue.”

Dewey is looking a bully right in the eye

Dewey article misrepresents the facts

Thank You… Thank You… Thank You…

The following letter’s were sent to and from Delaware State Senator’s over a three day period, June 15th thru 17th and are reprinted here with the permission of all participants involved.

A letter sent from Senator Bunting’s office on June 16th

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Donations

LEGAL BRIEFS AND INFO REGARDING THE MAR AND CITIZENS’ LAWSUIT

Dewey Defense Fund Letter

Answering Brief in Opposition to Motion to Dismiss and Transaction Receipt

Dewey Beach’s Response to DBE Motion to Dismiss Amended Complaint

DBE attempting to reinstate lawsuits against town

Complaint filed in Chancery Court against Town and DBE

Freedom of Information Act Request June 7, 2011

Responses to Dewey Beach Town Manager’s Most Recent Decision (June 18 2011)

Citizens File Second Ruddertowne Appeal (May 27 2011)

15 Citizens Appeal Ruddertowne Deal to BOA (March 25th 2011)

Revised Mutual Agreement on Ruddertowne (as of Feb. 20)

IN THE PRESS

Archives

What People Think

“Thanks for all the hard work.”

The mailing] was well done and quite informative. Thanks for continuing the fight.

Please add me to your email list. We appreciate your efforts to preserve Dewey Beach.

Hi, I enjoyed your latest newsletter and wanted to sign up for email version.

We are owners in Dewey Beach and would like to also, preserve Dewey Beach.

“Great job!”

Thank you for the newsletter. WE CARE ABOUT DEWEY!

“You can count on my continued support. Regards, “

Keep on the job–you have kept us alert—hope u keep at it!

“Keep up your hard work and don’t cave in on the 35 foot height issue.”

Dewey is looking a bully right in the eye

Dewey article misrepresents the facts

Thank You… Thank You… Thank You…

The following letter’s were sent to and from Delaware State Senator’s over a three day period, June 15th thru 17th and are reprinted here with the permission of all participants involved.

A letter sent from Senator Bunting’s office on June 16th

Post a Comment Cancel reply

Search within this site:

Donations

LEGAL BRIEFS AND INFO REGARDING THE MAR AND CITIZENS’ LAWSUIT

Dewey Defense Fund Letter

Answering Brief in Opposition to Motion to Dismiss and Transaction Receipt

Dewey Beach’s Response to DBE Motion to Dismiss Amended Complaint

DBE attempting to reinstate lawsuits against town

Complaint filed in Chancery Court against Town and DBE

Freedom of Information Act Request June 7, 2011

Responses to Dewey Beach Town Manager’s Most Recent Decision (June 18 2011)

Citizens File Second Ruddertowne Appeal (May 27 2011)

15 Citizens Appeal Ruddertowne Deal to BOA (March 25th 2011)

Revised Mutual Agreement on Ruddertowne (as of Feb. 20)

IN THE PRESS

Archives

“You can count on my continued support.  Regards, “