There was one sticking point last Friday, May 16, in what was otherwise a very perfunctory public hearing for zoning legislation in Bethany Beach: How much encouragement should the town be giving owners of older homes to preserve what some consider key elements of the town’s architectural heritage and what others emphasize does not conform to the town’s current code?
Part-time resident Dan Costello, who has been heavily involved in local historical preservation efforts, told council members at the May 16 public hearing on three zoning ordinances that he had grave concerns about the impact of the proposed changes to code regarding non-conforming lots, uses and structures — especially the latter.
“I’m particularly concerned about the effect of this ordinance on future efforts by the Bethany Beach Town Council a preservation program for Bethany Beach,” he said, noting that the proposed ordinance contains language stating, “It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival.”
Costello argued that the town may, in fact, wish to encourage the survival of a number of its historical and non-historical older homes — if not today, then in the future.
“I think you’re going to be very unhappy one day when you wake up and realize all these old homes are gone,” he said.
Costello recommended postponing adoption of the ordinance until after the town has taken a “substantial” look at its possible impacts on older homes.
Council Member Bob Parsons noted during the hearing that he had recommended Costello review the ordinance and meet with the Planning Commission, which developed it, before the council moved to adopt it, out of concerns over its impact on the town’s older homes. He emphasized that preservation of such homes had been a key element of his re-election platform in 2007, which he said he believed had seen overwhelming support via his successful bid. He suggested a deep review of the document to see if it posed any real obstacles to preservation.
“If we don’t find any obstacles, what have we lost?” Parsons argued.
Mayor Carol Olmstead countered that there was time for such consideration, since the ordinance was only just being publicly heard and the council was not going to vote immediately, but Parsons pointed out a 90-day time limit between the hearing and a requirement to vote or to re-hear the issue.
Council Member Steve Wode said he felt that time and money issues were bigger concerns for property owners dealing with an older home in the town than the proposed ordinance. The ability to raze a non-conforming property for greater financial gain versus facing limited possibilities for expanding it would be a major consideration, he said, with agreement from Olmstead and Council Member Tracy Mulligan.
Planning Commissioner Kathleen Mink noted that the ordinance had been two years in the making, from early discussion to the present, and former councilman and Planning Commission Chairman Lew Killmer expressed confusion over why objection to the ordinance was being raised at this late date.
“I don’t know how we can tell you, ‘You can’t take that house down,’” he said. “How do we deal with property rights and still preserve houses meant for summer use only?”
The issue will rest on the minds of the council, and Costello, until the council decides to make a vote on the ordinance at a future date.
Also up for public hearings on May 16 were an ordinance updating the town’s official zoning up and changes to the town’s subdivision ordinance addressing street ends. The former adds the town’s full range of existing zones, including the new R-1 B Sea Villas residential and MORE (Municipal, Open Space, Recreational facilities and Educational) zoning districts. The latter adds other kinds of street ends to those already permitted in the town’s minor and major subdivisions, including a more commonly preferred T-shaped street end that state fire officials have said provides better accessibility for fire apparatus and other large vehicles.
Votes on both of these ordinances are also to be set for future dates yet to be announced. The council has been encouraged to adopt the ordinances as soon as possible to bring the town code in line for near-future development and applications.