Dewey commissioners refer pool, tree issues to planners

Dewey Beach commissioners voted unanimously Sept. 10 to refer issues regarding swimming pool placement and tree removal to the planning and zoning commission for review.

Then-Mayor Dale Cooke said town officials recently realized that although the town never intended to allow pools in front yards, town code wasn’t written clearly enough.

Existing code establishes limitations on pool location with respect to side- and rear-yard setbacks, Town Counsel Fred Townsend said, but the code does not mention front-yard setbacks. As a zoning code restriction, the matter needs to be referred to planners, Townsend said.

In his last full meeting as mayor, Cooke said he has wanted to bring up the problem of unlawful tree removal for quite some time.

Town code states that trees taller than 25 feet and greater than 20 inches in circumference can’t be removed without written approval from the town code enforcement official. For trees greater than 40 inches in circumference, a signed statement from a licensed arborist or town code enforcement official stating the reason for removal is required.

The fine for failing to get proper permission to remove a tree is $500, and people are cutting trees down right and left, Cooke said. The violation is considered a civil offense, and offenders are also required to replace each tree unlawfully removed with a tree of comparable size and species, town code states.

“They’re selling their houses for a million, and if they want that tree removed before they sell their house in order to sell, they just cut it down,” Cooke said. 

Cooke requested planners review town code chapter 173 involving trees and recommend changes to save trees for the future.

“I’m not a tree hugger, but I believe once they’re gone, they're gone, and also, unfortunately, we’re not making them enforce that part of the regulation that says they should replace the tree if they did it improperly,” Cooke said.

Commissioner Gary Persinger noted the request to planners should include the specific recommendation to change the fine for unlawful tree removal from $500 to $1,000 per occurrence.

The next Planning and Zoning Commission meeting is set for 5 p.m., Friday, Oct. 22; a pool and tree discussion was not listed on the agenda by the Cape Gazette press deadline.