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Lewes, Delaware
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April 18, 1997     Cape Gazette
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April 18, 1997
 

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18 - CAPE GAZETTE, Friday, April 18- April 24, 1997 River Milton restrictions await zoning hearing By Rosanne Pack The wheels of change are rolling in Milton, but cautious res- idents are attempting to create enough speed bumps to keep things at a manageable rate. Resi- dents and town council members listened to still another presenta- tion by representatives of River Milton at an April 16 special council meeting, and neither side indicated total acceptance of the other's position. Developers of the proposed 6S- unit community, the deAntonio Group, will continue with their re- quest for a zoning change, and a public hearing is scheduled for 7 p.m., Monday, May 5, before the regular monthly meeting. The pur- pose of changing the regular workshop meeting to a special meeting was to allow council to vote on pertinent issues, such as setting the public hearing. Speaking for the developers, Brian Dolan, attorney, said the group is willing to place restric- tive covenants on the property as soon as the zoning is approved. The proposed covenants would in- clude limiting the number of units that could be constructed on the 16-acre parcel, and ensuring the preservation of green open spaces. Some residents of neighboring properties of the laud under dis- cussion expressed the desire that the restrictions be imposed before the zoning bearing. They are con- cerned that the R-3 zoning legally allows up to twice the number of proposed houses, and, without pre-imposed restrictions, the pre-.. sent owners could sell to a new owner who would not honor the density and landscaping pledge made by deAntonio Group. Dolan said that the developers can't legally enter into a contract with the Town of Milton, guaran- teeing restrictions in exchange for zoning approval. He said such a contractual arrangement is uncon- stitutional. "By waiting for the zoning ap- proval before imposing the re- slrictions, my clients want to min- imize appealable issues. We don't want to jeopardize anything by entering into anillegal agree- ment," the attorney said. "The case is, the developer wants low density for River Milton, the town wants low density for River Mil- ton. So it's a trust issue. We are asking the town to trust us to fol- low through on our word that we will impose the restrictions as soon as we get R-3 zoning." Once restrictive covenants are placed in a deed, they remnin in effect even if the property is sold. Dolan pointed out that the town still has another check mechanism after zoning is approved. The de- velopers must submit site plans for approval, and the developers cannot build anything without site plan approval. "The cost of having a site plan created is substantial, and it would prohibit the developer from going through the process any more than necessary," Dolan said. The River Milton developers choose to continue with their re- quest for R-3, multiple family res- idential, even though the Milton Planning and Zoning Commission plans to propose a new zoning designation, R-2. The proposal is in the initial draft stages, and would generally apply to zoning for cluster housing, though not necessarily multiple family dwellings such as duplexes. James Fuqua, Milton's attorney, said that the town should follow through with River Milton's cur- rent request for R-3, even though R-2 might be applicable if it is voted into law. "I have drafted an R-2 ordi- nance for planning and zoning to review," Fuqua said, "but now, Milton has an application pending for R-3. Council can schedule the public hearing and vote on it, one way or the other, or table it until the R-2 ordinance is complete." Fuqua pointed out that should the request for R-3 be defeated, the developers could re-apply as soon as the R-2 designation was law. If a zoning request is turned down, applicants must wait six weeks before reapplying, only if they are applying for the same zoning. Milton streets not just a surface issue By Rosanne Pack The special meeting also includ- ed discussion of planned resurfac- ing of several town streets. It was recently announced that Munici- pal Street Aid Fund money grant- ed to Milton for the 1996-97 fiscal year will .be used to resurface streets including sections of Box- wood, Willow, Tobin Drive and Berringer Avenue. Pat Cannon, a property owner on Tobin Street had questions and comments regarding the process used to determine what streets would be repaired and the nature of the resurfacing. Cannon's list of questions and recommenda- tions was accepted for submission to the Streets and Sidewalks Com- mittee. Council member Leab Betts en- tered the motion to submit the rec- ommendations after she expressed some concerns of her own regard- ing the choice of streets and sur- facing scheduled to be worked on this spring. In her motion, she said, "The recommendations of Pat Cannon should go to the Streets Commit- tee and be considered and used as guidelines." That committee is chaired by Dale Magee and the other council members who serve are Jeffrey Stephens and Robert Blayney. Continued on page 20 *00Move Forward to our Future. Present a Positive Message. ! EXPIRES MAY 7th SPEC00 OF THE MONTH The first 12 customers to b/any furniture for a sunroom, garden room, porch or patio Get 4 Shoreb/rds Ikk- ets at the time of pur- chase. SPRING TRAINING SPECIAL Brtngyour sunroom, garden- room, porch or patio Into springtime this season at lksche Furniture. Now through May 7th this once-a-year special spotlights the best known brand names (LA-Z-BOY, CRAFTMASTER. England/ cosP0. 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