|
In Milton, if a home is located in the historic district – it’s not getting torn down. Period. That’s the position of the town’s historic preservation board.
But a homeless shelter is seeking to add two bedrooms to help shelter the growing number of homeless people in the Milton area.
In August, Casa San Francisco asked for a demolition permit in order to build a more efficient building. That denial is headed to court.
In the meantime, town officials say any building located in the town’s historic district – no matter what type of business – stays put.
The Wilmington Diocese owns Casa San Francisco, which also operates a food pantry at 127 Broad St. Casa officials want to replace the old farmhouse with a new structure in a style that is compatible with other homes in the town’s historic district.
Despite testimony of a nationally known university preservationist and others who have said that certain sections of the home are historically insignificant, town officials argue the home is located in the town’s historic district and should not be demolished.
Mark Dunkle, an attorney with Dover-based Parkowski, Guerke & Swayze, representing Casa San Francisco, filed an appeal Sept. 10 in Sussex County Superior Court.
The suit says Casa presented evidence that the structural condition of the house would make rehabilitation or repair unreasonable, given the charitable purpose and use of the property. Renovating the building while the agency continues to provide services would also have a detrimental effect on the homeless shelter, according to the suit. “The board received no contrary evidence and made no contrary finding,” the suit says.
“The relief being requested is the granting of the demolition permit. If it’s not granted, they will make do with what they have. They’re not leaving the town,” Dunkle said. Part of the appeal involves moving the existing building across the street onto diocese-owned property, Dunkle said.
Demolition denied over summer
In August, four historic preservation board members voted against demolition and two members abstained.
But, owners of the 127 Broad St. property say the board’s decision was arbitrary and capricious.
Casa officials say they presented evidence that the new construction would be compatible with scale, size and construction of other buildings near the Broad Street farmhouse.
Dunkle said the applicant first proposed to build a historically compatible building where the parking lot now stands. The new building would provide two additional bedrooms and would be more efficient than the existing structure.
He also noted that almshouses, or poor houses, run by religious charities are an integral part of Milton and the state’s history. “The use of this property as an alms house is really a continuation of the history of Delaware,” Dunkle said.
No matter, says Milton Mayor Don Post.
“I believe that it’s very important for the town of Milton to maintain all the homes in the district. The district composes the life of the town, the progression of the town,” Post said. “What constitutes a historic property? Does it mean that George Washington visited there? No.”
Post also said the federal government found it worthy enough to have the home listed in the National Register of Historic Places
He pointed to a compromise that was reached with owners of a historic Union Street home two weeks ago. Jeff and Kim Hamer own 207 Union St. and agreed to demolish older, less significant sections of their home, while keeping in place the main house facing the street. He suggested Casa officials do the same.
Mary R. Schrider-Fox represents Milton with the Bethany Beach-based firm Steen Waehler & Schrider-Fox. A schedule to hear the appeal has not been set by the court. In the meantime, attorneys are filing legal briefs with the Prothonotary Office.
|
