Feb 4, 2011 | Cape Gazette
Crime family analogy totally inappropriate
The Jan. 18 edition of the Cape Gazette included an article by Bob Love that argued for Dewey Beach property owners to cease opposition to the proposed settlement between the town and Dewey Beach Enterprises (DBE). While he is entitled to his opinion, and his poorly informed assessment of legal matters in Dewey Beach, the crime family analogy he used to make his argument is wholly inappropriate. So why is there continued opposition?
The town appears ready to accept a compromise and allow a commercial structure in Dewey that exceeds the height and scale of any other structure in the town. The property owners in Dewey Beach have long expressed their support for a height limit of 35 feet by referendum and by electing town commissioners who expressed staunch support for that limit during their election campaigns. Now suddenly, the town manager and those same commissioners bring forward a “take it or leave it” proposed compromise, constructed behind closed doors and without public input, that ignores the long-standing commitment to apply the 35-foot limit to all properties in Dewey. How could one not expect opposition?
The town explains this proposed agreement by adopting long-standing DBE arguments and then supporting them with revisionist history that is best described as simply “making stuff up.” Consider the requirement in the proposed agreement for the commissioners to consider, modify as necessary, and ultimately approve the recommendations by the Ruddertowne Architectural Committee. This is a long-defunct group, without official status, that by a 7-2 vote referred DBE’s initial proposal for the Ruddertowne property to the town council for further consideration. Why is this reference to the committee included in the proposed agreement?
The town’s explanation is included in the recent questions and answers on the town website. They argue that the comprehensive development plan adopted in 2007 contemplates that town council would consider a recommendation from the working group that, for purposes of the proposed agreement, is presumed to be the Ruddertowne Architectural Committee, and that the town council is following the prescribed course of action set forth in the comprehensive development plan, a document that has the force of law.
In fact, there is no language in the development plan that calls for the formation of a working group regarding the Ruddertowne tract, nor is there any reference to the architectural committee. Discussion of the DBE proposal continued after the adoption of the development plan, but the proposal referred to the town council by the architectural committee was later rejected by vote of the council. Moreover, the development plan on the town’s website is dated June 21, 2007, well after the architectural committee was formed. If the intent in the development plan was as now described by the town, the plan would have specific language that establishes those requirements. Again, no such language exists.
This is just one example of the town’s selective citation and interpretation of the development plan, without regard to context, and “creative” recounting of events that serve to abandon and undermine the positions that prior to the proposed mutual agreement the town has followed in opposing the DBE Ruddertowne proposals. The Dewey Beach commissioners should at least defer further consideration of the mutual agreement until an appropriate assessment of public opinion can be gained. Property owners have strongly supported the 35-foot limit, as well as the ordinance adopted last year that strengthened the commitment to that limit.
If there is to be an exception to that limit, it is appropriate and necessary for the town to make a decision that reflects the desires of the property owners. Expressing concerns about the character of the town now and in the future is “an admirable and civic-minded stand,” as Love notes. It’s difficult to imagine any of the activities of Love’s chosen analogs, the fictional Corleones, Tattaglias and Barzinis, being described in a similar manner.
Gary Persinger
Dewey Beach
Feb 4, 2011 | Cape Gazette
Dewey property owner responds to Wright
Former mayor of the Town of Dewey Beach Pat Wright’s idea that “it’s time Dewey sits down and works together” is excellent. As a show of good faith, Dewey Beach Enterprises should unilaterally drop its six lawsuits and enter into negotiations without any manipulation or posturing, which has been the pattern the last three-and-a-half years. This would demonstrate its goodwill and sincerity. Under those circumstances, everyone could relax and an equitable give-and-take process could take place. The community supports the concept of a town center and has every incentive to make this problem go away.
In her recent letter to the editor of the Cape Gazette, Ms. Wright expressed concern about my “definition of the character of the town.” Let me try to address that concern.
Over the years I would describe Dewey Beach to my friends as a unique, understated piece of paradise. I often compared Dewey’s low-key personality to Half Moon Bay in the late 1960s, located on the California coast, just south of San Francisco. Back then Half Moon Bay was a beautiful beach town. My California friends understood that description. Regrettably, Half Moon Bay today has been forever changed through overdevelopment by greedy developers building mega-hotels and assorted monstrosities. Once the development process starts, there is no turning back, and it would be a shame to see Dewey Beach meet that same fate.
Ms. Wright had a few other personal questions. “Does Mr. Murray travel from Florida to Dewey to check on his rental property?” “Does he ever stay in his rental property to frequent the use of the beach and restaurants?” “Is he just responding to eblasts and newspaper articles? He appears to be an absentee landlord who writes a lot of letters.” To answer your questions, Ms. Wright, I live in Dewey Beach during the summer months and enjoy the beach immensely. I do not rent my property nor do I frequent any restaurant, bar or establishment that has supported Harvey Hanna Associates, Dewey Beach Enterprises or the Bar PACT members, though I have fond memories of the years when I used to stroll to local bars and restaurants.
Again, I like the idea of peace and tranquility in Dewey Beach, but Dewey Beach Enterprises has to act more like a good neighbor, than a plaintiff in six lawsuits.
Tony Murray
Dewey Beach
Sarasota, Fla.
Feb 4, 2011 | Cape Gazette
Dewey officials reminded to represent people
The following letter was sent to Dewey Beach Mayor Diane Hanson and commissioners Marty Seitz, Rick Solloway, Jim Laird and Zeke Przygocki, with a copy submitted to the Cape Gazette for publication.
I am disheartened by the process unfolding regarding the Dewey Beach Enterprises proposed settlement.
The discussions being held are occurring in the dead of winter, when so many of us nonresident property owners are unlikely to be able to visit Dewey to make our voices heard on the record. Were it not for the mayor, there would have been no public input at the workshops until the final hearing Saturday, Feb. 26. How can you vote on such a key issue while denying the whole electorate a chance to express their views? To do this right, we need a referendum on this to be held this spring or fall. If you feel that this is enforcing Dewey’s current zoning policy by referendum, well, it is. But the reality is that the 35-foot height limit has been the one galvanizing issue that you and your electorate have overwhelmingly supported for several years. If you claim that Dewey Beach Enterprises (DBE) can’t wait, then why are they asking for five years to complete construction? In these lousy capital markets for real estate and hotel developers, a few months won’t hurt.
My second issue is trust. All of you ran on an election platform that supported the 35-foot height limit. At voter forums, you looked me in the eye, and said with conviction that this was your position. Then you voted unanimously in September in support of an ordinance that reinforced the importance of maintaining the height limit. Were you all lying to me? The cynics among you would say I am being naïve, that I should never trust a politician. So then I shouldn’t trust you? Everything you do from now on to support this settlement according to the proposed timetable will betray what the voters overwhelmingly supported when they elected you – unless you allow for a more open process.
Look, this settlement may be a good option for Dewey. You may believe you are acting in the best interests of the voters. If that is the case, then you should have no fear about openly stating your views, explaining why they have changed, and justifying any pro-settlement votes you want to cast. Then, given the importance of the height limit as an issue, you should get the voters’ views through a referendum. What are you afraid of?
Please don’t forget your sworn duties to represent the people.
Brooks Browne
co-owner of 21 Dickinson Ave.
Dewey Beach
Silver Spring, Md.
“No one I have spoken with in Dewey wishes to see the building hight limit changed for Dewey Beach. I agree with all of them. What does it take to make Harvey Hannah understand that. I recommend that they accept the decision of the residents of Dewey Beach (many of them long term residents) and use their time, energy and money to go to another area where they would be welcomed.”
M J McAuliffe
Redefer Court
Rebuttal by the Citizens to Preserve Dewey to Developer Harvey Hanna’s Proposed Zoning Ordinances Before the Planning and Zoning Commission, a letter written and submitted by Joan Claybrook.
To: Honorable Harry Wilson, Chair
Planning and Zoning Commission
Town of Dewey Beach
“I am writing on behalf of ‘Citizens to Preserve Dewey’ to submit this letter for consideration by your Commission concerning your forthcoming vote on the ordinance written by Harvey, Hanna and Associates (HHA)…”
Joan Claybrook
McKinley Street
read entire letter »
“Just say no to HHA! The town has been abundantly clear that the majority of residents and non-residents do not want a hotel, nor do they want anything over 35 feet in height. HHA said that if they weren’t welcome, they would leave. Send them packing!
Gene SirLouis
New Orleans St.
read entire letter »
“Other neighboring town governments and Sussex County have seen the light, placing and enforcing height restriction on structures, it’s time for Dewey Beach to do the same. Just say no to Harvey Hanna and Associates.…”!
Lisa Nardone and Jim Million
Cullen St.
read entire letter »
“The character of the town as a shore residential community with a vibrant Route 1 night life is the way the town has been for many years. We, as well as many property owners and residents prefer it that way, and purchased our homes, rental properties, etc, with the perception of the town the way it is. We have continued to own and maintain these properties because of the character of Dewey the way it is.”
Edwin and Rita Zucker
McKinley Street, Surfside Plaza
read entire letter »