|
Dueling attorneys took the floor before the Dewey Beach Town Council as two of the town’s commercial leaders squared off.
Alex Pires, an attorney for 30 years and a partner in Highway One LP, complained that major changes in the operation of the Lighthouse Restaurant and Crabbers Cove, which his company once owned, are violating the grandfathering ordinance passed by the town in 1992.
In response, during the Friday, June 13 meeting, Shawn Tucker, attorney for Dewey Beach Enterprises, which now owns Crabbers Cove, the Lighthouse Restaurant and Ruddertowne, denied any violations and challenged the decision to raise the matter in the town meeting.
Commissioner Diane Hanson had requested an agenda item, for discussion and possible vote, on possible violations of floor- plan changes and other zoning-code violations that may have occurred at Crabbers Cove/Lighthouse Restaurant.
“I am troubled this kind of thing is on the agenda,” said Tucker. “Jurisdiction over alleged zoning violations are to be heard by the town’s building official,” he said. “Discussions should be with the building official, not here in this political forum.”
Commissioner Claire Walsh agreed. “It seems to me we’ve gone out of our normal process and that this is targeting a business already hindered.”
Pires said his questions involved the town council and were properly presented. “If we’re not going to enforce grandfathering, I need to know that. I need to compete,” Pires told the commissioners.
Town solicitor John Brady advised the commissioners that it would be improper to discuss alleged violations because no one had been notified that a complaint against the restaurants would be considered. “You cannot find anyone in violation without notice,” Brady said. “The only possible vote you can take is for the building official to investigate.”
“We could get in a boatload of trouble discussing something we don’t have authority over. Just let it go,” said Walsh.
The commissioners agreed, without a vote, and turned the matter over to town officials for further investigation.
Town Manager Gordon Elliott said Wednesday, June 18, an investigation of Pires’ complaint is just beginning.
Elliott said the basis of the complaint is that in 1992, an ordinance passed that grandfathered all existing buildings and restaurants, but they were required to keep the same seating and table arrangements. “Any changes would require a conditional-use application and approval,” he added.
Highway One owns Dewey Beach businesses including the Rusty Rudder and Venus on the Half Shell. It owned Crabbers Cove and the Lighthouse Restaurant for nine years before current owners, Dewey Beach Enterprises, acquired them last year.
|
