Plans for Playa Bowls in Dewey on hold

Plans for Playa Bowls restaurant in Dewey are on hold after commissioners determined a vote to approve a conditional-use application for the eatery would go against town code.

Keith Mushinski submitted the application discussed at council’s April 19 public hearing to convert a T-shirt shop adjacent to the Bottle & Cork into a 159-square-foot, takeout-only kitchen that would serve smoothies, juices and acai bowls. 

Construction would be minimal and take about two weeks to add plumbing, electrical outlets and refrigeration, he said. Employees would be able to access a bathroom via a door outside the eatery that leads to an office area and not the patron area of the Cork, Mushinski said.

During public comment, former Commissioner David Moskowitz said that ordinance 724 requires eateries to provide a unisex, handicapped public bathroom. Commissioner Gary Persinger said it would be perfectly reasonable to change the code, but that the application would have to go through the proper process. 

Commissioner Paul Bauer said the town needs a different ordinance for eateries that are takeout only and don’t have a patron area. Many takeout-only eateries in Rehoboth don’t have public restrooms, he said. Commissioner Bill Stevens said Playa Bowls would be more of a commissary, where customers purchase food and leave without eating on premises.

Mayor Dale Cooke said commissioners can refer to have the code changed so that carry-out food facilities don’t need to provide a public bathroom. 

“We cannot vote to proceed because then we would be going against our own law, our own regulation,” Cooke said. 

Town Counsel Fred Townsend said typically, commissioners hold a public hearing on an ordinance to approve a conditional-use application and refer the application to the planning and zoning commission. Planners then hold a public hearing and provide recommendations to commissioners, who would then convene another public hearing before voting.

The rare but possible exception to the rule, he said, is that commissioners can approve a change in zoning if they unanimously decide that the proposed change is not significant and doesn’t require a recommendation from the planning commission.

Council can decide to amend code, but it’s a separate process, Townsend said; code must be amended before the conditional-use application can be approved.

Commissioner David Jasinski’s motion passed unanimously to refer the application to the planning and zoning commission and ask planners to draft a change to the ordinance that reexamines the definition of eateries that don’t provide public seating.

A public hearing on a draft ordinance to amend code and allow for carry out-only eateries to not be required to have a public restroom is set for 4:30 p.m., Tuesday, May 18. A link to the meeting is available at townofdeweybeach.com.