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Dewey Beach town commissioners have enacted a building moratorium ordinance, the fifth moratorium in about two years. It expands an existing moratorium by eliminating all but one exemption and it extends the term of the moratorium by two months.
Commissioner Diane Hanson proposed the ordinance in May after Dewey Beach Enterprises on April 4 filed amendments to the Ruddertowne redevelopment plan. Hanson originally said she would require enactment of an expanded moratorium or enactment of a townwide floor-area to property-area ratio (FAR). The FAR was enacted during the May 9 meeting, making some people question why Hanson had not withdrawn the proposed ordinance.
“With all due respect, I voted for something I didn’t like because you said if FAR passed you wouldn’t need this,” Commissioner Dale Cooke told Hanson regarding his vote in support of the FAR ordinance.
“Moratoriums are bad for business,” said Commissioner Claire Walsh. “I believe, indeed, this will do damage,” she said, adding she is dismayed by the townwide FAR.
Hanson said she decided to move forward with the expanded moratorium despite her prior statements because the town needs to reduce the burden on the planning and zoning commission as it prepares to review the draft zoning ordinance and needs to stop restaurant applications because of parking problems.
“This is another moratorium directed at the elephant in the living room,” Walsh said, obviously referring to the Ruddertowne redevelopment project,
“We need to move ahead to safeguard the town,” Hanson responded.
But town solicitor John Brady said Hanson’s intention to prevent further amendments to the Ruddertowne redevelopment plans through an expanded moratorium will probably fail. “Anything that was filed before today would not be affected by this,” Brady said during the Friday, June 13 meeting.
The FAR ordinance also only has effect from its date of enactment forward, Brady said.
“An amendment to an existing application that is pending would not be covered,” Brady said. “An application for a new conditional use would be affected.”
But Hanson disagreed. She said Glenn Mandalas informed her the moratorium would prevent amendments and changes to existing plans and applications.
Brady, who submitted a letter of resignation to Dewey Beach Friday, June 13, and recommended Mandalas for the position of town solicitor, smiled in response to Hanson’s statement.
Mayor Dell Tush said she doesn’t believe the town can go back and tell people they can’t amend plans they’ve already filed, but added that it didn’t matter because she understood that the Ruddertowne redevelopment site plan was going to the Dewey Beach Board of Adjustment for review.
Despite his concerns, Cooke voted in favor of the ordinance. He said it could help with parking issues by preventing additional restaurant applications and would not affect anybody who had already put in an application.
“As far as I can tell, John Brady has consistently said it doesn’t affect anything already in the pipeline,” Cooke said, identifying the Ruddertowne redevelopment project as the only pending major application he is aware of.
Hanson, Tush and Hanewinckel joined Cooke. Walsh abstained.
Mandalas could not be reached for comment.
Hanson vehemently denied claims that she is anti-business. “So don’t say I’m anti-business. I’m not. I’m pro-Dewey Beach,” she said.
“Get the comprehensive plan done, do it quickly and then the moratorium lifts,” Hanson said.
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