Henlopen Acres, RAL must embrace proposed solution

We are a group of property owners in Henlopen Acres. We are disturbed with the tone and inaccuracy of many recent comments about the relationship between the Town of Henlopen Acres, its residents and the Rehoboth Art League.

This letter seeks to accurately portray our history, correct some serious misstatements, and suggest a path forward which will hopefully be considered by all the parties involved.Henlopen Acres was acquired and established in the 1920s by Col. Wilbur S. Corkran.

The earliest map of the current Henlopen Acres is displayed on the wall of the Town Hall in Henlopen Acres and is dated 1931. The first sales brochure prepared by Col. Corkran contains instructive language. The front cover describes Henlopen Acres as “A Seashore Residential Park at Rehoboth Beach, Delaware.” The 156 acres in this new community are defined as “plots averaging six-tenths of an acre laid out to give houses maximum view, trees and breeze.”

Later in this same sales brochure, a paragraph states: “Restrictions: Every essential restriction permanently protects your investment in Henlopen Acres.”

From its earliest days until 1970, Henlopen Acres was an unincorporated community subject to the government of Sussex County. Covenants defined lot size, building requirements, and other very specific standards which were considered visionary for the time. These covenants and future regulations were overseen by an early form of a homeowners’ association.

In 1970, Henlopen Acres became an incorporated town and established its present form of elected commission government. Committees were formed to assist the commissioners in the operation of the town and to preserve its unique residential character. The commissioners and all of the committee members are volunteers and property owners in Henlopen Acres.

In 1937, the Rehoboth Art League (RAL) began as a social venture for Col. Corkran’s wife to entertain her friends. The land it occupies was provided by the Corkrans to reflect Mrs. Corkran’s interest in painting. There is absolutely no record, correspondence or deed which communicates their interest in defining the community as an art colony.

The RAL’s original membership was 50. Over the years, it has grown to 1,200. When Henlopen Acres became an incorporated town, the art league was classified as a non-conforming use to the residential community in which it is located. The art league accepted this classification and has continued to grow.

We provide this brief history to highlight an issue which has been ignored in the Rehoboth Art League’s recent advocacy efforts. Henlopen Acres has always been, is currently, and will always be a residential community. There are no documents, historical papers, or communications which identify the Acres as an art colony. From its earliest days in the 1930s to the present, there have been rules and regulations to protect the community’s natural beauty and regulate the volume and size of activity in the town. Every piece of property has been subject to those regulations. In fact, such standards as no fencing on the front of the properties and all utilities running behind the properties have added to the attractiveness of the Acres for everyone.

During most of the RAL’s presence in Henlopen Acres, good relations existed with the town government and the homeowners. That changed a little over 10 years ago, when RAL unveiled plans for a 12,000-square-foot commercial facility with no advance notice to the town or surrounding residents. The Henlopen Acres Board of Adjustment did not approve a waiver of its zoning requirements for the construction, concluding it was inconsistent with RAL’s non-conforming use classification. The RAL appealed the ruling, but was unsuccessful in persuading a trial court and the Delaware Supreme Court that the ruling was incorrect.

The RAL’s most recent conflict with the town arose when it scheduled three performances of a play without seeking a permit from the town. In a letter dated April 17, 2012, Town Manager Tom Roth informed the RAL that the performances were inconsistent with its classification, and offered to provide an application to obtain a special exception for the planned events. It did not prohibit the performances. It respectfully asked the RAL to conform with the town’s regulations just as every other commercial vendor is required to do. The RAL chose to ignore the request. A copy of the letter is available at Town Hall.

The reaction of RAL to the town’s communication was as misguided as its decision to appeal the board of adjustment ruling a number of years ago.

Rather than responding to the town manager’s invitation to consult with him, the RAL launched a media barrage that is uninformed, misleading, and counterproductive. Misrepresentations about the history of the community and its primary purpose were communicated to the media, public officials and the general public. The RAL showed no understanding that its location in a residential community should be acknowledged and there were legitimate issues about which the residents are concerned. Its confrontational approach only polarizes the community. The RAL cannot continue to ignore the rules and regulations of the Town of Henlopen Acres.

What the leadership of the RAL refuses to acknowledge is that residents of the Acres like and support the RAL as it has existed. However, a substantial majority have expressed their opposition to a dramatic expansion of the league in its present location. The infrastructure of the town cannot absorb a significant increase in traffic. Repeated requests by the town government to secure a parking plan from the RAL have not been answered. Programming plans, such as the play performances of this summer, have not been communicated ahead of time.

There is a path out of this and we urge the interested parties to embrace it. First, the town needs to publicize its requirements more directly to the RAL on a systematic basis. The town manager should consider a monthly meeting with the RAL’s executive director to review plans and schedules so that plans can be made to provide the necessary permits and application to the RAL. The town also needs to convert its enforcement code to civil violations from the current criminal statutes. (We are informed this is already under way.)

For the RAL, there are also some steps to be taken. The first is to acknowledge it is located in a residential community and has been since it was created nearly a decade after Henlopen Acres was established. It should also plan its building construction in accordance with the existing structures’ footprints and the requirements of the Town of Henlopen Acres. It has upgraded the Chambers building by that standard. It should do so with other improvements.

Finally, as suggested by a Henlopen Acres resident and supporter of the RAL a few weeks ago, other sites outside of Henlopen Acres should be considered for some activities. The RAL would benefit by using different forums appropriate for certain activities and all the residents of the Acres would give them a standing ovation.

Concerned Homeowners of Henlopen Acres:

Dick Thompson

Jean Thompson

Betty Allen

David Lyons

Kate Lyons

Gina Anselmo Wade

Helen Anselmo Justice

Inez Anselmo McCormick

Terry Billingsley

Beverly Billingsley

Bill Biordi

Nancy Brooks

Vasco Bramao

Jodi Burton

Roldah Cameron

Paul Capodanno

Laurel Capodanno

Robert Cronin

Emily Cronin

Ralph Cusick

Jacqueline Cusick

Bill D’Alonzo

Sarah D’Alonzo

Brud Davis

Wanda Davis

Larry Davis

Kim Davis

Richard Derrickson

Norma Lee Derrickson

Tiffany Derrickson

Johan Poulsen

Tom Donnelly

Joan Donnelly

Frank Farmer

Sally Farmer

Ralph Ferrell

Nancy Ferrell

Deborah Fischer

Margaret Flood

Pat Forbes

David Hill

Nita Hill

Molly Houston

Frank Jamison

Leigh Jamison

Gordon Kaiser

Cindy Kaiser

Winnie Kee

Angel Prinos

Peter Kenney

Gerry Kenney

Charlie Koones

Jane Koones

Roger Kramer

Charlene Kramer

Wendy Linn Jacobs

Sallie Jones

Mary Jane Lyons

Jim Maloney

Shirley Maloney

Salie McGrath

Steve McGuiness

John Morris

Ray Murphy

Laura Murphy

Lynda Moses

Jan O’Malley

Mimi Peters

Meg Rapp

Joni Reich

Jennifer Lamson

Paddy Richards

Dorothy Duggan

Tom Rinker

Sue Rinker

Timothy Rodgers

Stuart Rodgers

Ursula Schiefelbein

Barbara Shortley

John Staffier

Bonnie Staffier

Nancy Stevens

Sally Stevenson

S.E. Sunderland

John Talbott

Ellen Talbott

K. Kane Trees

Chandler Watkins

Angie Watkins

Gene Wilson

Genevieve Wilson

Marvel Wilson Jr.

Sally Wilson