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October 10, 1997     Cape Gazette
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October 10, 1997

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16- CAPE GAZETTE, Friday, October 10 - October 16, 1997 DeBraak Continued from page 1 Because of that, details of that appeal were unavailable for re- view because of court rules. The Anthony, Ayers, Lewes Homeowners appeal outlines a number of areas where it takes ex- ception to the Board of Adjust- ment having approved variances from the proposed motel. In a vote taken on July 29, Board of Adjustment members Harvey Cupp, Joe Stewart and Bill Stevenson voted unanimously to allow the proposed motel to ex- ceed the allowable height limit of 40 feet for a 46 foot building, to allow the building to exceed the permitted number of stories by one story, and to allow a setback variance. In the written decision, the members outlined their rea- sons for the variances, focusing on the process involved in the design of the building and the unique cir- cumstances surrounding the par- cel. Appeal seeks reverse The appeal, written by Antho- ny, sums up its concerns with the following: "The cumulative im- pact which the decisons represent, in addition to abandoning the structure and order promoted by the zoning code through the al- lowance of overly permissive variances and defying the adopted Long Range Comprehensive Plan, will be burdensome to existing in- frastructure, will compromise the public safety of current and future residents of Lewes, and will ulti- mately serve to lessen the existing quality of life which is a major factor in the foundation of Lewes's community structure." The suit asks that the court re- view the decisions and reverse them. Barbara Vaughan, vice presi- dent of Lewes Homeowners Asso- ciation, said Anthony asked the group if it wanted to join the ap- peal. "The board of directors, without Nina Cannata or VAUGHAN Michael Krausz who have been involved officially with the motel review process, met prior to the LHA an- nual meeting and before the ap- peal deadline and decided to join the appeal," said Vaughan. "We would have fiked to poll our mem- bership but there wasn't time. The board members - including myself, Gary Grunter, John Grey and Judy Rea - felt that this was the kind of thing that the Lewes Homeowners Association was de- signed to address. We announced our decision at the Friday, Sept. 26, meeting and I hope to send out a letter to the membership at the beginning of next week giving more details of the decision," said Vaughan. No lawyer involved Vaughan said the appeal does not include a lawyer and associat- ed costs. "We're doing this in ac- cordance with the Citizens' Bill of Rights, which allows citizens to challenge zoning decisions with- out fear of reprisal. In other words, we can't be countersued because of our suit, so we're com- fortable about proceeding without an attorney. We're concerned about the proposed height, the ex- tra story, the fact that the beach is vulnerable and there's already a lot of traffic going that way, and the impact the project will have on the town's infrastructure. We think the aggregate of all that means that the Board of Adjust- ment decisions aren't in the best interest of Lewes." It's expected that the appeal process, to be heard by the Superi- or CourL will take a minimum of six months. HKM Partnership proceeded with its application for a building permit for the project from the city building inspector. George Metz, of HKM, said all permits for the project have been received with the exception of an entrance approval from Delaware's Department of Trans- portation (DelDOT). "We'd like to get our building permit, al- though we certainly won't pro- ceed until the court addresses the Pfiesteria Continued from page 9 "I don't think the users of Re- hoboth Beach and Millsboro should have to pay the full cost of eliminatingthose discharges," Stickels said. He noted that some sewer facili- ties in Maryland will get federal money, even though they have not met environmental standards. He objected to that, saying it rewards people for not following the stan- dards. Delaware's DNREC is putting together options to remove three of those point sources from the in- land bays. The three are the Re- hoboth Beach plant, the Millsboro plant and the Delaware Seashore State Park's sewer plant. DNREC. Director of Water Re- sources Gerard Esposito said on Thursday that those options will be finished and presented to Rep. John Schroeder (D-Lewes) by Halloween. Schroeder is expected to call a meeting with state, coun- ty and local officials to discuss the options. He held a similar meeting on Aug. 28 to pursue the issue of removing the point source dis- charges. appe ds," said Metz. Lewes Building Inspector Bill Mas., ey said he won't begin a fi- nal rview of all the HKM materi- als fgr the project until he has re- ceivSd all permits, including a let- / Lewes board says house rq)of must be lowered By Dennis Forney K mneth Hellings, a Pennsylva- nia :ontractor, will have to take 4.8 riches off the roof of his re- cently constructed Cape Shores hone as a result of a recent deci- sio by Lewes's Board of Adjust- melt. Bard of Adjustment members ter from DelDOT. 'q'he review of all the plans and materials is a lengthy process and I don't want to begin until I have all the paper- work," said Massey. "I'm still waiting to hear from DelDOT." voted unanimously to deny Hellings's request for a zoning variance which would have al- lowed the homeowner to retain the height that exceeds the allow- able building height in the Cape Shores area by the 4.8 inches. Bill Stevenson, who voted Continued on page 18 Bank-issued, FDIC-insured to $100,000 APY* Minimulll tlepni186,000 Percentage Yield (APY) - Interest cannot remain on deposit, periodic payout of is requited. Effective 10/8/97 Call or stop by today for more information. Member SlPC Anthony Egeln New Devon Inn 142 Second St., Lewes 645-7710 Edward Jones Serving Individual Investors Since z87z CAPTAIWS Prices In Celebration of Besche Furniture's ..... Purchase Any Category Furniture, And Automatical b, One Entry Towards The Grand Anniversary Drawing Prize. Wlnner's choice of prize: A ful b, custom room, OR a new ao.uatic craft. (Independent drawlng to be held October 3 !, 1997.) Stop in for some Sussex. Counly Hospitality at Rt. 9 & Rt 30, Gravel Hill And Pick out a get acquainted gift just for visiting. Hours: Monday-Saturday 10a.m.-6 p.m. Sunday 12-5 p.m. (302) 856-6365 (800) 893-0307 IN THE OMFOR00 ZON