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Beach Walk hearing set for Oct. 21

Planners to determine if development is a subdivision
October 18, 2016

The Rehoboth Beach planning commission is set to resume its hearing on the proposed Beach Walk condominium project at 1 p.m., Friday, Oct. 21, in the Rehoboth fire hall.

The commission is expected to rule on whether the 63-unit development is a subdivision. Before the vote, the commission will review legal briefs both for and against considering the application as a subdivision.

Beach Walk, to be built at the current Rehoboth Beach Plaza shopping center on Route 1, was proposed as a condominium development with 58 single-family units and five multifamily units. Neighbors on nearby Terrace Road, which would serve as the main access road to the development, have objected to the plans on grounds of safety and increased traffic congestion.

The Beach Walk plans have also come under fire from Rehoboth Beach police and fire departments, primarily over plans to close the Route 1 entrance to the development, forcing southbound vehicles entering the development to make a U-turn on Route 1. Representatives of Beach Walk have said the traffic pattern was designed to discourage cars from cutting through the development to get to Terrace Road.

Planning Commission Chairman David Mellen said those who submitted legal briefs, about eight in all including Beach Walk attorney Dennis Schrader and an assortment of concerned neighbors, will be allowed five minutes to speak. Some of the briefs were signed by several people; Mellon said each would be allowed to speak but it is likely one person will represent each group.

As a condominium project and not a subdivision, Beach Walk would be subject to fewer restrictions and requirements.If the project is considered a major subdivision, it must comply with stringent parking, street-width and setback requirements.

If the planning commission rules Beach Walk a subdivision, Mellen said Schrader would have options, including going to court to challenge the commission’s ruling, resubmitting the application or withdrawing the application. If the commission agrees the project is a condominium, Mellen said the commission would view the project through the lens of public health, safety and welfare, meaning while the planners cannot require wider streets or setbacks, they can make recommendations regarding traffic and sidewalks.

Schrader, not tipping his hand, said he was conferring with his client, property owner Keith Monigle, about what course to take.

For his part, when asked how he thinks the Oct. 21 hearing will play out, Mellen said, “I have no idea.”

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