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June 9, 2015     Cape Gazette
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June 9, 2015
 

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Cape Gazette NEWS TUESDAY, JUNE 9- THURSDAY, JUNE ll, 2015 11 By Ron MacArthur a six-year fight by area residents bad precedent for future county that application, but it was later times. A reversal would have ronm@capegazette.com to halt construction of the tower, land-use decisions. "This should overturned on a technicality required AT&T to go through the Overriding the requests ofsev- come from our government and when it was found the location application process again, while Sussex County Council will eral Bethany Beach homeowners' not the court," he said. of the proposed tower was not the modification allows AT&T not appeal a Superior Court organizations that appeared be- Fellow Councilman Rob Ar-properly posted. During the sec- to begin construction if an ap- ruling that paves the way for fore council over the past two lett, R-Frankford, voted along ond hearing, the board rejected peal is not filed. Brady found the construction of a controversial weeks, Sussex officials in a 3-2 with Cole for the appeal. How- the application. The Delaware board did not show evidence that cellphone tower near Bethany vote took the advice of their at- ever, councilmembers MikeSupreme Court overturned the tower would have an adverse Beach. Superior Court Judge M. torney not to appeal the decision Vincent, R-Seaford, Sam Wilson, the reversal in 2013, allowing affect - including the loss of Jane Brady's ruling modifies a to Delaware Supreme Court. R-Georgetown, and Joan Deaver, AT&T to apply a third time. The property value - on the Sea Pines 2014 Sussex County Board of Ad- While he disagreed with the rul- D-Rehoboth Beach, voted against board rejected the application in community. She also ruled that justment vote rejecting AT&T's ing, Ccunty attorney J. Everett the appeal. "This is a win for the January 2014 setting in motion expert testimony showed that request to build a 100-foot tower Moore said the facts do not sup- attorneys and judges, and a loss AT&T's Superior Court appeal, cellphone service would not be near the Sea Pines condominium port a successful appeal,for the people," Arlett said. Brady said she modified the adequate without construction complex. She said the board was Following a May 19 executive "This would cost the taxpay- decision because state law does of a tower. arbitrary and capricious in rely- session, Councilman George ers thousands and thousands of not allow her to remand the Residents said cell coverage ing too heavily on testimony that Cole, R-Ocean View, motioned dollars for a case we can't win," case, and the issue has been to would still be adequate without cellphone service was adequate, to appeal the case AT&T v. Sus- Wilson said. the board of adjustment three a new tower. The modification allows AT&T sex County Board of Adjustment. AT&T first applied to build to build the tower. Cole said the judge's modifica- the tower in August 2009. The The ruling may put an end to tion of the board's decision sets a board of adjustment granted Rehoboth Continued from page 10 The recommendations include decreasing the maximum lot coverage from 50 percent to 40 percerit, increasing the required natural area from 40 percent to 50 percent, increasing the rear- yard setback from 10 feet to 15 feet and reducing the allowable size of a home if a pool is built. Under the ordinance, new homes with pools would have a floor-to-area ratio of .5, mean- ing total square footage of the house cannot exceed half the total lot area. All new homes without swimming pools would still have the current FAR of .6, or 60 percent of total lot area. He said under the new rules, the worst-case scenario is a five-bed- room house. McGuiness asked Gulbronson whether this meant the end of six-bedroom houses in Rehoboth. Gulbronson said while it was possible, the new rules would make it very difficult to have anything more than five. "I think you'll have seen the end of six-bedroom houses," he said. Gulbronson said the ordinance would also reduce the amount of paved area, particularly for houses with pools, which usually have paving around them. "It's a choice the homeowner has to make, in terms of use of their property," Gulbronson said. Biden Continued from page 4 isn't worth the time of day," he said. As for the one man who spilled coffee on a Westboro member, Schwartzkopf said he would be willing to pay those fines. "These guys went out there peaceably and stood their ground, and muffled out the sounds of hate. And they did it in the name of our state," he said. "People took time off in their busy lives to stand there and say, 'We think what you're doing is so wrong.' We in Delaware show respect. We honor and respect people for what they've done for our state." Read the full text of President Obama's eulogy at Beau Biden's funeral, as offered by Time magazine at http:// time.com/3911699/beau-biden- funeral-barack-obama-eulogy- full-text/?xid=IFT-Section. Obituaries )) Myrtle P. Davis, Sussex homemaker Mrs. Myrtle P. Davis, 101, of Millsboro, passed away peace- fully Wednesday, June 3, 2015. Mrs. Davis was born in Mills- boro, Sept. 5, 1913, to the late Harry and Margaret Prettyman Mosley. In addition to her par- ents, she is also preceded in death by her husband, Hersel Davis in 2005; her son, Maurice Mosley in 2010; as well as seven siblings. She was a homemaker and worked on the family farm. Her life was a simple one, caring for her family and working hard on their poultry and vegetable farm. She was a member of Har- mony United Methodist Church. She loved flowers and watching TV. She was a special person to all who knew her, and will be truly missed. She is survived by her daugh- ter-in-law, Ardith Mosley of Millsboro; three grandchildren, Maureen Dempster and her hus- band Norman; Maurice Mosley and his companion Debbie; and Maury Mosley and his compan- ion Jenny, all of Millsboro; along with four great-grandchildren; and many nieces, nephews, cous- ins and friends. A ffineral and celebration of her life will be held at noon, Tuesday, June 9, at Harmony United Methodist Church, 27270 John J. Williams Hwy, Millsboro, where friends may call after 11 a.m. Burial to follow at Harmony Cemetery. Arrangements by Wat- son Funeral Home, Millsboro. Frank Cooper, no relation to Sam, said he liked the zoning or- dinance because it allows people who just want to build a nice house, but not as a rental, to do SO. The commissioners could still defer part of the ordinance relat- ed to parking requirements until a later date. The latest proposal is to mandate two off-street park- ing spaces for three bathrooms, with one additional space for every bathroom beyond that. The commissioners were undecided on the parking requirements when questions arose about how renovations would be treated. Mayor Cooper said parking re- quirements could be a separate resolution, requiring an addi- tional hearing to pass. AC Service Serving all makes and models. Prepared for rising rates? Let's talk. Edward] Wade Thompson, AAMS Financial Advisor 19323 Lighthouse Plaza BIvd Rehoboth Beach, DE 19971 302-227-2771 www.edwardjones.com MAKING SENSE OF INVESTING Member $1PC TRANE" It~ Hard To Stop A 1tanee. Sussex County (302) 947-9145 New Castle Coun