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Lewes, Delaware
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December 3, 1999     Cape Gazette
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December 3, 1999
 

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NOTICE Continued from page 100 Estate of JOSEPH L. BATEMAN deceased. Notice is hereby given that Letters of Testamentary upon the estate of Joseph L. Bateman, who departed this life on the 27th day of October, A.D. 1999, late of Rehoboth Beach, DE, were duly granted unto Bernard F. Bateman, John W Bateman, Tjark A. Bateman, on the 9th day I of November, A.D. 1999, and all persons indebted to the said I deceased are required to make I payments to the said Executors w thout de ay, and al persons having demands against the deceased are required to exhibit and present the same duly pro- bated to the said Executors on or before the 27th. day of June, A.D. 2000, or abide by the law in this behalf. Executors Bernard F. Bateman PO Box 74 Rehoboth Beach, DE 19971 John W. Bateman 19 Mallard Point Lewes, DE 19958 Tjsrk A. Bateman 5 Lake Avenue Rshoboth Beach, DE 19971 Howard Clendaniel Register of Wills NOTICE NOTICE Estate of MICHAEL A. HILL deceased. Notice is hereby given that Letters of Testamentary upon the estate of Michael A. Hill, who departed this life on the 7th day of October, A.D. 1999, late of Lewes, DE, were duly granted unto Elizabeth M Hill, on the t0th day of November, A.D. 1999, and all persons indebted to the said deceased are required to make paYments to the said Executrix without delay, and all persons having demands against the deceased are required to exhibit and present the same duly probated to the said Executrix on or before the 7th day of June, A.D. 2000, or abide by the law in this behalf. Executrix Elizabeth M. Hill 2 Hornekill Avenue Lewes, DE i 19958 Attorney: Wilson, Halbrook & Bayard Eugene H. Bayard, Esq. PO Box 690 Georgetown, DE 19947 Howard Clendaniel Register of Wills Estate of MARY STUART KETCHUM deceased. Notice is hereby given that Letters of Testamentary upon the estate of Mary Sturat Ketchum, who departed this life on the 15th day of October, A.D. 1999, late of Lewes, DE, were duly granted unto William H. Kaupe, on the 5th day of November, A.D. 1999, and all persons indebted to the said deceased are required to make payments to the said Executor, without delay, and all persons having demands against the deceased are required to exhibit and present the same duly probated to the said Executor on or before the 15th day of June, A.D. 2000, or abide by the law in this behalf. Executor William H. Kaupe 521 S. Cayuga Street Ithaca, NY 14850 Howard Clendaniel Register of Wills SHERIFF'S SALE By virtue of a writ of Levari Facias, to me directed, will be exposed to Public Sale on: TUESDAY, DECEMBER 7, 1999 AT 9:30 AM & THEREAFTER At the Sussex County Shedff's Office, West Complex, #9 South DuPont Highway, Georgetown, Georgetown Hundred, Sussex County, State of Delaware, the following described real to wit: ALL THAT CERTAIN tracl piece, and parcel of land, situate lying and being in Lewes and Rehoboth Hundred, Sussex County, Delaware, lying on the north west side of the public road leading from Five Points to Millsboro, adjoining lands now or formerly of Fannie Maull, Manlon Graves and Annie M. Johnson, more particularly described as follows, to wit: BEGINNING at a point of the north west side of the said Millsboro Road, a division line between this lot of land and lands now or formerly of the said Fannie Maull; thence by and with lands now or formerly of Fannie Maull in a north westady direc- tion a distance of about 178 feet to line of lands now or formerly of the said Mahlon Graves; thence turning and running in a souther- ly direction along and with said division line of this lot and the lot of land of the said Mahlon Graves to a corner for this lot of land and other lands now or for- merly of the said Annie M. Johnson; thence turning and running in a south easterly direc- tion along and with the division line of this lot of land and the lot now or formerly of the said Annie M. Johnson, a distance of 17 feet to the aforesaid Millsboro thence turning and running with the Millsboro Road in a north easterly direction, home to the place of beginning, be the con- tents what they may. I Crossword Answer From Page 82 Puzzle edito Stanley Newman welcomes your crossword questions and com- menta. You may write to him at P.O. Box 69, Massapequa Park, NY 11762. BEING the same lands and premises which were conveyed unto Constance B. Scott and Lawrence J. Scott by Deed of Ruth E. Wilkins, dated September 13, 1973 and record- ed in the Office of the Recorder of Deeds, in and for Sussex County, on September 13, 1973, A.D. in Deed Book 717, page 757. TAX PARCEL NO: 3-34-5.00-184.00 TERMS: 20 percent of the pur- chase money will be demanded on the day of sale, Cash, Certified Check or Cashier's Check, the balance to be paid on or before January 3, 2000. Sale subject to confirmation by the Superior Court on January 7, 2000, and also subject to a 1 112 Delaware Realty Transfer Tax; 3/4 percent to be paid by the Seller and 3/4 per- cent to be paid by the Purcheser. Also subject to a 1 112 percent Sussex County Realty Tax; 3/4 be paid by the Seller and 3/4 percent to be paid by the Buyer. Any further Transfer Tax is the responsibility of the Pumheser. The Purchaser will be required to pay the cost of the deed. If the purchaser fails to comply with these terms the per- centum paid on the day of sale will be forfeited. Please make Certified Check or Cashier's Check payable to Sheriff, Sussex County. Seized and taken in execution as the property of, Constance B. Scott and will be sold by Robert L. Reed, Sheriff Sheriff's Department Georgetown, DE. IN THE COURT OF COMMON PLEAS OF THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY IN RE: CHANGE OF NAME OF: Meredith Kaye Yindra, Petitioner TO: Mina Anneliese Yindra NOTICE IS HEREBY GIVEN THAT Meredith Kaye Yinda, intends to present a Petition to the Court of Common Pleas for the State of Delaware in and for Sussex County, to change her name to Mina Anneliese Yindra. Meredith Kaye Yindra Petitioner Dated: November 30,1999 The Board of Adjustment of the City of Rehoboth Beach will hold a public hearing on the 17th day of December, 1999 at 7 PM, at its Board Room, City Hall, Rehoboth Avenue, Rehoboth Beach, Delaware, upon the matter of: AN APPEAL of the decision of the Building Inspector by William E. Gordon, owner of 54 Delaware Avenue, to remove and/or reduce the heights of a newly installed fence and/or requesting a VARIANCE from Section 19-56 titles =Fences Screens and Walls'. All persons are hereby notified to be present and to attend the determination of such variance by said Board. CAPE GAZETTE, Friday, December 3 - December 9, 1999 - 101 Such hearing may be adjourned cial accommodations, please call [ to the rules heretofore adopted from time to time by said Board (302) 227-6181 (TDD by the Board of Adjustment of Accessible) ten (10) days prior to the City of Rehoboth Beach. w thout further notice. the meeting. Issued this 23rd Board of Adjustment NOTICE Rehoboth Beach By: Thomas A. Evans, Chairman For additional information or spa- day of November, 1999 pursuant of the CRy of THE CITY OF LEWES A RESOLUTION PROPOSING THAT A PUBLIC HEARING BE HELD TO RECEIVE COMMENT FROM THE PUBLIC REGARDING THE PROPOSED FLOOD MITIGATION PLAN FOR THE CITY OF LEWES AND TO CONSIDER AMENDMENTS TO THE ZONING CODE OF THE CITY OF LEWES TO CLARIFY THE LOCATION OF THE FLOOD PLAIN DISTRICT ZONES; TO ADO MINI- MUM REQUIREMENTS FOR A FOUNOATION OR PILINGS; TO ADD LAND DEVELOPMENT AND OTHER MODIFICATIONS TO APPLICABILITY; TO EXPAND THE REGULATIONS FROM ELEC- TRICAL CIRCUITS TO ALL UTILITIES; TO ADD REQUIREMENTS FOR THE FLOOR OF AREAS ENCLOSED WITH BREAKAWAY WALLS; TO ADD REQUIREMENTS FOR THE USE OF FLOOD AND CORROSION-RESISTANT MATERIALS; TO MODIFY THE DEFINITIONS OF "SUBSTAN- TIAL DAMAGE" AND TO MODIFY THE DEFINITION OF "SUBSTANTIAL IMPROVEMENT." Whereas, the Mayor and City Council have reviewed the pro- posed Rood Mitigation Plan (the "Plan') for the City of Lewes as developed by Greenhome & O'Mara, INc, as part of the City's participation in Project Impact sponsored by the Federal Emergency Management Agency ('FEMA"); Whereas, the Plan was devel- oped after an extensive plan- ning process including opportu- nities for public comment and participation; and Whereas, the Mayor and City Council deem it important and necessary to regulate the flood plains within the jurisdiction of the City of Lewes in accor- dance with criteria established by the Nation Flood Insurance Program ('NFIP'); and Whereas, the Zoning Code of the City establishes regulations for the Flood Plain Areas of the City in Article XI, Sections 197- 45 through 197-58; and Whereas, adoption of the plan and modifying the existing zon- ing regulations applicable to Article Xl, Flood Plain District Regulations, will provide more specific regulations and clarify criteria for compliance with NFIP requirements; and Whereas, in the review of Article Xl, it appears that cer- tain other technical references require modification related to prior amendments of the Zoning Code and other ordi- nances of the City; and WHEREAS, 22 Delaware Code. Section 304 provides that any amendment to any Zoning Ordinance shall be after a public hearing following fif- teen (15) day's notice by publi- cation in an official paper or a paper of general circulation within a municipality. NOW THEREFORE, BE IT RESOLVED that a public hear- ing shall be held on Thuday, the 9th day of December, A.D. 1999, at 7:00 o'clock PM, at City Hag, East Third Street, to (a) adopt the Flood Mitigation PLan on file at the City Hall. and (b) amend the Zoning Code of the City of Lewes as follows: 1. 197-47. Zoning District Ntablbhed., be and is hereby amended by striking the period at the and of the last sentenoe and adding the phrase =and as shown on the FEMA Flood Zone Map of the City of Lewes as amended from time to time." 2. 197-48. Determination of District boundariea.,be and is hereby amended by striking the fourth sentence thereof and substituting in lieu thereof the following: =Zone VE is designat- ed as Coastal High Hazard Areas ('CHHA") and zone AE is designated as Coastal Flood Plan ('CFP') for the purpose of this chapter." 3. 197-50. Coastal High Hazard Area., by adding a new subsection (9) to Subsection E to read as follows: (9) Foundation pilings for structures in the Coastal High Hazard Area should be at or below -10.0 feet NGVD 29. In no instance will the bottoms of founda- tion pilings be permitted above -10.0 feet NGVD 29. 4. 197-52. Requirements for residential planned commu- nity district and subdivi- sions., be amended by striking .said titte and.substituting in lieu thereof "Requirements for Old Town Development District and Open Space Community Development District, subdivisions and land development." 5. 197-52. Requirements for residential planned commu- nity district and subdivi- sions., by striking the first phrase to the "colon" and sub- stituting in lieu thereof the fdi- lowing =within the Flood Plain District, no proposed Old Town Development District, Open space . Community Development District, Subdivision or Land Development District, shall be allowed unless:." 6. 197-53. Flood proofing requirements., Subsection G., by adding to the end of the title thereof the following: "and other utilities." 7. 197-53. Flood proofing requirements., Subsection G., by adding a new Subsection (3) to read as follows: (3) Plumbing, ductwork and other utility components shall not be attached to breakaway walls. All utility connections servicing the elevated building will be attached to the landward side of foundation Iles. 8. 197-53. Flood proofing requirements., Subsection G;, by adding a new Subsection (4) to read as follows: (4) Public and/or private utility facilities including but not limited to the following shall be located and con- structed above the flood protection elevation of the building: heating ventila- tion, plumbing, air condi- tioning equipment and other service facilities. 9. 197-53. Flood proofing requirements., by adding a new Subsection J to read as follows: J. Floor of areas enclosed with breakaway walls, The floor of an area enclosed with breakaway wails shall be either composed of soil, crushed shell, gravel, driveway stone or other materials as approved by the City. Wooden floors, floor joists and floor beams are prohibited. Breakaway walls shall include open- ings that allow the automat- ic entry and exist of flood- watex - 10. 197-53. Flood proofing requirements., by adding a new Subsection K to read as follows: K. Flood and corrosion- resistant materials. All materials used in new con- struction and substantial improvements, and exposed to floodwaters during design flood condi- tions shall be flood-resist. ant. All nails, bolts, screws and other fasteners exposed to salt air shall be hot-dip galvanized meet ASTM a 153/A 153M.82. Sheet metal connectors such as wind anchors, joist hangers and trust plates shall comply with the fol- lowing table [Attached hereto and incorporated herein by reference.]. 11. 197-57. Definitions., by striking the definition "SUB- STANTIAL DAMAGE" in its entirety and substituting in lieu thereof the following: SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure over a 10-year period whereby the cumulative costs of restoring the structure to its before-damaged condition over the 10-year period would equal or exceed 50 percent of the market value of the struc- ture before the damage occurred. 12. 197-57. Definitions., by striking the definition =SUB- STANTIAL IMPROVEMENT' in its entirety and substituting in lieu thereof the following: SUBSTANTIAL IMPROVE- MENT - Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which, over a 10-year period equals or exceeds a cumulative total of 50 percent of the market value of the struc- ture before the start of con- struction of the improvement. This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for the improve- ment of a structure to correct existing violations of state and local health, sanitary or safety code specifications which have been identified by the local code enforcemant ofrial and which are the minimum neces- sary to assure safe living condi- tions; or (2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designa- tion as an historic structure. AND BE IT FURTHER RESOLVED, that the City Manage be and is hereby directed to cause a notice which shall consist of a true copy of this resolution, in full or by title only, to be published in the Delaware State News. (;ave Gazette and Coast Press, newspapers of general circulation in the City of Lewes, at least fifteen (15) days prior to the date set forth in this resolu- tion for the public hearing. I, James C. Ippolito, Secretary of the City Council of the City of Lewes, do hereby certify that the foregoing is a true and cor- rect copy of the resolution passed by the Mayor and City Council at its regular meeting on November 8, 1999, at which a quorum was present and vot- incj throughout and the same is still in full force and effect. Dated: 11-8-99 James C. Ippolito Secretary