Welcome to Gaia! :: View User's Journal | Gaia Journals

By Chris Flood | Sep 29, 2014

Dewey Beach -- After listening to more than two hours of conflicting testimony, the Dewey Beach Board of Adjustment now has to decide whether the denial of a building permit to raise the height of a fence surrounding a pool in the front yard of a house on Chesapeake Street was proper.

During their Sept. 10 meeting, the board listened to Rich Hanewinckel, the owner of the property in question at 114 Chesapeake St., and his business partner Marcia Schieck testify that Bill Mears, town building official, unjustly denied a building permit to raise the height of a fence from four and a half feet to six feet.

Surrounding a recently installed pool, the fence runs parallel to the street in a setback, which is 18 feet from the street, along the north side of the property and along the east side of the property.

Hanewinckel said he wanted to raise the height of the fence for safety reasons after the current fence was jumped at least twice this summer.

Mears testified that town code says fences built in a setbacks are not allowed to be taller than three and a half feet tall; but because this particular fence surrounds a pool, county code calls for at least a four and a half foot fence.

Hanewinckel said the pool's original design was approved with the fence on the boarder of the setback, but because the pool ordered was not available a change was needed. He said the only option was a larger pool that pushed the fence into the setback.

Schieck testified that Mears was aware of a change in the plans, gave approval of the changes, visited the site numerous times during the construction of the pool and never mentioned concerns regarding setbacks.

Mears testified that he http://panoramicincide69.yolasite.com/fascinatingviews rarely visited the site and was never made aware of changes to the size of the pool that would affect how it was situated in relation to property setbacks.

Fred Townsend, town attorney, argued that the Hanewinckel brought the issue of fence height onto himself and now the pool was affectively an "attractive nuisance."

Jane Patchell, the attorney representing Hanewinckel, argued that ambiguity in the code means the property owner gets the benefit of the doubt.

Less than 24 hours after the meeting, Schieck said in an email that she has a sworn affidavit from her contractor that contradicts Mears testimony about how often he visited the site and that he was made aware of the new pool size.

"Mr. Mears was not being honest," she said.

While initially offering to produce the affidavit, Schieck later declined, saying Hanewinckel's attorney does not want it released because it may be needed for future litigation.

Following the closing of testimony, the board scheduled the continuation of the discussion, and a possible decision, for 6 p.m., Tuesday, Sept. Whether it's a DUI attorney or Car Wreck Lawyer. Dallas has what you need. 30 in the Dewey Beach Life Saving Station, 1 Dagsworthy Ave.

Bruhl hearing postponed

As a result of the first hearing's length, a second hearing regarding the appeal of an issuance of a building permit for a bayside property at 125 Red Ave. was postponed.

This is the Bruhl property that was already taken to court for being allowed by the board to raise the house eight feet after sustained damage by Hurricane Sandy.

The same neighbors who challenged the building height maintain that Mears improperly issued the building permit on July 8. The property is zoned resort residential.

No date for a new hearing was set because of conflicting schedules of attorney's representing the Bruhl's and the neighbors.



A Dewey Beach Board of Adjustment hearing regarding the town's issuance of a building permit for this property at 125 Read Avenue was postponed. The date has yet to be determined. (Photo by: Chris Flood)

http://www.youtube.com/watch?v=WMyOSBwBsz0