Página 1
CITY OF DOVER, DELAWARE
HISTORIC DISTRICT COMMISSION MEETING
Thursday, February 15, 2024 at 3:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
IN-PERSON and VIRTUAL MEETING NOTICE
The Historic District Commission, Meeting for February 15, 2024 will be held in the City Hall Conference
Room. The public is welcome to attend in person. The Meeting will also be provided as a Virtual Meeting
using WebEx audio/video conferencing system as an electronic means of communication. See the
participation information below to join by phone or computer.
PUBLIC PARTICIPATION INFORMATION
City of Dover Historic District Commission Meeting of February 15, 2024
Join by Phone Dial: 1-650-479-3208
Access code: 253 620 15877 (Password: 36837432)
Join Online: https://bit.ly/HDCMeeting2152024
Webinar Number: 2536 201 5877
Webinar Password: DoverHDC
If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting
starts. For problems accessing the meeting, please call the Planning Office at (302) 736-7196.
WELCOME
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF MINUTES
1. Adoption of Minutes of November 16, 2023
2. Adoption of Minutes of January 18, 2024 (Minutes under preparation)
COMMUNICATIONS & REPORTS
Summary of Activity
1
Página 2
HISTORIC DISTRICT COMMISSION MEETING - February 15, 2024 PAGE 2
3. Summary of Applications 2023 and 2024
4. Summary of Architectural Review Certificates for 2024
Department of Planning & Inspections Updates
5. Update on C-2 Code Amendments Project for Potential Revisions to Zoning Ordinance for
C-2 (Central Commercial Zone): Proposed Ordinance #2024-01 CCOW-LFA Amendment #1
NEW APPLICATIONS
NEW BUSINESS
Review of Permits Referred to Commission
6. HI-24-01 Referral of Fence Permit #23-1868 at 146 S. State Street - Continued Review of
Architectural Review Certification as Referred by the City Planner to the Historic District
Commission for a Fence Permit #23-1868. The project involves a 6-foot vinyl fence to the
rear of the property spanning from the fence at the northern adjacent property along the
parking lot to the south side adjacent property fence with 2 pedestrian gates. Additionally,
there is a 6-foot vinyl fence segment between the northern adjacent property fence and the
building with a pedestrian gate. Property is zoned C-2 (Central Commercial Zone) and subject
to the H (Historic District Zone). The owner of record is State Street 146 Properties, LLC.
Address: 146 S. State Street. Tax Parcel: ED05-077.09-02-58.00-000. Council District 4.
OLD BUSINESS
Certified Local Government (CLG) Program
7. Information on FFY2023 CLG Grant Application - Update on Status
Implementation of 2019 Comprehensive Plan
ADJOURN
POSTED: February 8, 2024
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
2
Página 3
Item 1.
CITY OF DOVER
HISTORIC DISTRICT COMMISSION
NOVEMBER 16, 2023
The Meeting of the City of Dover Historic District Commission was held on Thursday, November
16, 2023, at 3:30 PM as an In-Person meeting in the City Hall Conference Room (anchor location)
and virtually using the videoconferencing system WebEx. With Chairman Czerwinski presiding,
the other members present were Mrs. Mason, Ms. Horsey, and Mrs. Ellen H. Richardson. Mr.
Street was absent.
Planning Office Staff members present were Mrs. Melson-Williams, Mrs. Kristen Mullaney and
Ms. Katherine Oehmke as well as Assistant City Manager Sharon Duca (assisting with
management of the Department of Planning and Inspections).
APPROVAL OF AGENDA
Ms. Horsey moved for approval of the agenda as presented, seconded by Mrs. Richardson, and
the roll call vote was unanimously carried 4-0. Mr. Street was absent.
ADOPTION OF MINUTES OF THE REGULAR HISTORIC DISTRICT COMMISSION
MEETING OF OCTOBER 19, 2023
Ms. Mason moved for approval of the Meeting Minutes of October 19, 2023, seconded by Ms.
Horsey and the roll call vote was unanimously carried 4-0. Mr. Street was absent.
COMMUNICATIONS & REPORTS
Summary of Applications for 2022 and 2023
Mrs. Melson-Williams mentioned that included in your packet first is the Summary of
Applications for 2022 and 2023. Most notable is the Kent County Family Courthouse and
parking lots project. The Building Permits were issued for both the Courthouse Building and the
Parking Garage in late October just after your previous meeting. That project is getting
underway. They are starting with some of the sitework activities related to a couple of smaller
parking lot projects to kick that off. Additionally, for other projects from 2022, the Delaware
Public Archives whom you met with about a roof project, the roof project is underway. It will
look different than the blue tarp covering that you may be seeing at the present moment. That is
not the final color. Also from 2022, the accessory structure at the John Bell House is also under
construction. For 2023, we'll be looking at your fifth application of the year today with a Permit
Referral. For other 2023 activities, we have a number of them that have already been completed
with a couple of fence projects. The parking lot improvements at 34 The Green is also now under
Permit and that is one of the parking lot projects associated with the Kent County Family
Courthouse project.
Mrs. Melson-Williams asked if there were any questions on the applications of recent years and
their status; there were none.
3
Página 4
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
Summary of Architectural Review Certifications for 2023
Mrs. Melson-Williams stated that there has been a total of 42 Permits in the Historic District
area. The Historic District Commission was involved with 6 of them and Staff were able to
review the other remaining 36. Some of those include Building Interior Permits for which there
is no requirement for the review for Architectural Review Certification. We have seen a good
number of Sign Permits and Roof Permits is kind of leading the pack of the types of applications.
As I previously noted, probably the most notable are the two Building Permits issued in the last
month for the Kent County Family Courthouse and Parking Garage Building.
Mrs. Melson-Williams asked if there were any questions on any particular Permit
activity item. There was none.
Department of Planning & Inspections Updates
Mrs. Melson-Williams mentioned that we have a new Code Enforcement Officer that has started
in the last few weeks and his name is David. We continue to have two openings; one for a
Planner II position and the Planning Director position for the office is also posted. We are
coming into the holiday season and there are a number of City sponsored and Downtown
activities, most notably the city's tree lighting event is on November 30, 2023. There are other
events including a parade scheduled in December. Thank you to Sharon Duca who continues to
assist in the management and operations of our office in general in this time of some staffing
challenges.
Mrs. Melson-Williams asked if there were any questions about those items. There were none.
Projects & Studies Activities
Update on C-2 Code Amendments Project for Potential Revisions to Zoning Ordinance for C-2
(Central Commercial Zone)
Mrs. Melson-Williams mentioned that we had listed here an update on C-2 Code Amendments
Project for Potential Revisions to the Zoning Ordinance focused on the C-2 zone which is the
Central Commercial Zone. That is the zoning classification we find predominantly here in
Downtown along the Loockerman Street corridor and some of the adjacent streets. We have been
to a Council Committee of the Whole (meeting) and they looked at the concepts for these
potential revisions. Included in your packet was the Table that we presented with the current
Code and some of the recommended concepts for revision. These focus on uses in the C-2,
looking at building height and related topics, parking requirements in the Downtown area, and
then some miscellaneous related development type activities associated with development and
those requirements. At this point City Council has directed Staff to begin preparation of the
formal Text Amendment meaning the writing of Ordinance that would then go through the
formal review process for its hearings and adoption. With the cancellation of City Council
meetings for the last week in November, Staff is on target for presenting that Text Amendment
language to Council at their first meeting in December. If it is recommended to move into the
review process, then a First Reading will be scheduled in January and will end up in review and
hearing with the Planning Commission in February and back to Council in the March timeframe.
Originally, we were predicting a kind of a slightly earlier timeframe for that scenario but with the
cancellation of Council meetings it has been pushed back slightly in order to meet all of the
notice requirements that it will need once it moves into the formal review process.
2
4
Página 5
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
As previously mentioned, these are concepts. The actual text is a work-in-progress that the
Planning Staff are working on. We'll certainly be able to share that in a future meeting when it's
getting ready to move forward through the review process. It is not required to come before this
body, but since your Historic District contains areas that are in the C-2 as a zoning district I
wanted to keep you up to date as to the status of that project.
Chairman Czerwinski asked if the feedback on this would be outside the previous meeting to
discuss the elements to this. I have some problems with how some of the changes are being
made. How would I present those views? Mrs. Melson-Williams replied ultimately, it will begin
a formal review process with the Planning Commission in February with a hearing.
Chairman Czerwinski asked if it would be public hearing? Mrs. Melson-Williams replied it will
be a public hearing. The presentation of the actual proposed Text Amendment to the Ordinance
is scheduled for a Council Committee meeting on December 12th. (Note: The presentation was
rescheduled to January 9, 2024). Certainly, if you have questions or concerns Planning Staff is
happy to hear those. We did do a series of stakeholder meetings to gather some input about what
potential changes may be needed in the C-2 and conducted a Public Walk-in Workshop. Those
activities happened in early October as we were kind of putting together the actual concepts for
this.
Chairman Czerwinski mentioned that he finds some of these things problematic. Basically, with
the #8 concept for the apartments and they are allowing the first floor to be a lobby for the
apartments above. I think that will be a problem in the retail district where you are turning retail
into office space for apartments, or it gives the building owners leeway to say well because I
don't have retailers in there I am going to use it for office space. It kind of allows them a bypass
of City Ordinances as far as the six month ruling out the vacancy rule. I think that people are
going to use it as a crutch to say well yeah, it's not being used but I am going to use it for my
office for the apartment upstairs. So, I have a real problem with #8 of the Recommended
Concepts for Revision.
Chairman Czerwinski mentioned #17 was the other issue. No parking requirements for existing
buildings in C-2 Zone and No minimum parking requirements for new construction in C-2 Zone.
Mrs. Richardson mentioned concerns of #16 the ten-story building in Downtown. (Maximum
building height 10 stories and 125 feet). Chairman Czerwinski mentioned that it was part of their
vertical rising programs.
Chairman Czerwinski mentioned that #17 he thinks it was an issue with no minimum parking
requirements and #18 “No minimum parking requirements based on use in the Downtown
Redevelopment Target Area.” So obviously, they just use a separate set of criteria for parking.
Here it's got the minimum parking requirements for different uses such as medical offices,
apartments, restaurants, and hotels. There are no minimum parking requirements.
Mrs. Melson-Williams mentioned that (in the Table) the first column is what our Code contains
today. The second column is concepts for changes to the Code. Right now, the Code very
specifically says that if you're going into an existing building in the C-2 zone, there are new
3
5
Página 6
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
parking requirements. If you're building a new building in C-2, the zoning district does not have
a parking requirement but certain uses trigger a parking requirement. That's what's in #18 and
that is through any district in the City. If you're one of these uses, there are specific parking rates
based on that use that are called out. The concept is to look at having the Code reflect that there's
no minimum parking requirement, meaning a use would not trigger a parking requirement if
you're in the Downtown Redevelopment Target Area, which is basically an area that expands
from a little bit north of Wesley to down to the Hospital, to the river and to just about the railroad
tracks. It is that within that area that there would be a different consideration for how parking is
approached.
Chairman Czerwinski asked how that would be done? You just don’t know yet? Mrs. Melson-
Williams replied that this concept would not set a minimum. What we've heard from developers,
even in other instances in the City is that they are not going to build something that doesn't
satisfy what they appear their parking needs are. So, they are not going to build an apartment
building and expect their tenants to just find parking. They're going to build some level of
parking attached to that development activity.
Chairman Czerwinski asked that the Bayard Hotel specifically did not meet the parking
requirements? Mrs. Melson-Williams replied that the Bayard when that was redeveloped it was a
new build. The parking requirements are slightly different. It did receive a partial waiver of the
parking requirements and that is already in our code. It’s something that the Planning
Commission can consider. So, in that case there is some parking that is on site at the rear and
under that building. As part of their proposal to satisfy parking, some of the accessory parking is
located within a certain distance of the building. Our Code allows for that today.
Chairman Czerwinski mentioned so now we are going to have possible issues in the future with
these structures like the one that is supposed to be at Kunkel’s. That’s a big complex. So, there's
no requirement for that building to have minimum parking requirements? So, they can just put a
building there and say go park on the street.
Mrs. Melson-Williams replied that our Code does not say that today. From what we've heard
from developers is that they don't build that way. If they want to keep tenants, they're going to
manage parking for their tenants. This is some of the concepts here are coming out of the
Transforming Downtown Dover Master Plan. That Strategic Plan was done by the Downtown
Partnership and is looking at how do we think about redevelopment and the future of Downtown
from a number of perspectives. That's why we have a series of proposed concepts here that we’ll
be flushing out in the text amendment for formal review and adoption.
Chairman Czerwinski mentioned that they were also talking about underground parking. Are
they still considering that? Mrs. Melson-Williams replied that I can't speak to details of a
particular project. There's not been an application.
Chairman Czerwinski mentioned that when he talked to them, they were talking about
underground parking which really is not feasible in this area. I think it's a concern when we look
at the back of the building that they don't blow off the parking every time they build a structure.
There are issues that get worse as the Downtown gets developed. It’s going to affect Loockerman
4
6
Página 7
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
Street and all the streets around that area. Bayard was case one, where they built a building that
was not adequately supported in his opinion. Someone has to go a half a block across the street
to park. I am hoping that this doesn't continue to happen when you build a building and take
away parking. When you do the parking requirement, they are going to look at the least cost and
so it ends up being parking. They will say we will do underground parking; and you ask do you
realize how high the water table is there?
Mrs. Melson-Williams asked if there were any other questions, thoughts or concerns. There were
none.
NEW BUSINESS
Review of Permits Referred to Commission:
HI-23-05 Referral of Demolition Permit #23-1521 at 153 South Bradford Street – Referral by the
City Planner to the Historic District Commission for Review of Architectural Review
Certification for a Demolition Permit Application #23-1521. The project proposes partial
demolition of the existing two-story masonry building by removal of the second floor and
construction of a new roof system. The property is zoned C-2 (Central Commercial Zone) and
subject to the H (Historic District Zone). The property is located on the east side of S. Bradford
Street between W. Loockerman Street and Reed Street. The owner of record is JD Land
Corporation. Address: 153 S. Bradford Street. Tax Parcel: ED-05-077.09-02-35.00-000. Council
District 4. Subject of Code Enforcement Case #23-3847 for condemnation.
Mrs. Melson-Williams stated that this was a Referral of a Demolition and Renovations Permit
#23-152 located in the Historic District area specifically at 153 S Bradford Street. Because the
project is in the Historic District, it is subject to the Architectural Review Certification process.
In certain instances, Staff can review that with the Building Permit and in other instances that
very clearly has to come to the Historic District Commission. In the case of this one since it is a
partial demolition, the City Planner has referred it to the Commission for consultation on that
Permit. The Permit specifically is to do a partial demolition of the existing two-story masonry
building. It is to basically remove the second floor of that building and then construct a new roof
system. It will leave it as basically a one-story building. The roof system would be a flat roof
system. This building is the subject of a Code Enforcement case that was opened in early August
related to building conditions that resulted in condemnation. This Permit has been put forth by
the property owner as a process to remedy the situation related to that Code Enforcement case.
Our Staff Report includes some property information and the history of the property. From our
quick research, it appears that the buildings as we see them today were likely constructed in the
late 1940s or early 1950s. It is in an area that's part of a National Register Historic District
known as the Victorian Dover District. It's a building that's 20th century construction and clearly,
it's masonry. With this review, we are looking at the Design Standards and Guidelines for the
City of Dover Historic District Zone. On page 3 of the Staff Report, we do look at the criteria
that the Design Standards and Guidelines list for Demolition of buildings. In this case, we've got
a partial Demolition of a building so those criteria should be looked at. Quickly on the Staff
Findings and building location, there will still be a building footprint there that will remain the
same from the massing and design of the building. It remains masonry with a flat roof; however,
it would be going from a two-story to one-story. The material of the building is a yellow brick
5
7
Página 8
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
with a new roof being a membrane roofing material when they reconstruct the roof system for it.
We do note that in removal of this, the front facade is what is yellow brick. We suggest retaining
some of that yellow brick. It may be helpful in final capping of the wall. As you make the
transition from going to a two-story to one story building, demolition basically happens right
below the windows that are on the existing second floor where the front facade faces west. From
a Demolition Permit standpoint, we do note that the Demolition may be warranted depending on
the building’s structural conditions and soundness. There is severe cracking in certain areas. This
is an option for rehab of the building. It does leave us with a portion of the building intact. With
this information from both the Permit and modern-day photographs, we can make updates to the
Cultural Resource Survey information that is on file at the State Historic Preservation Office for
the building. Attached to the Report is a series of photographs and historic maps. There is a copy
of the Permit, the Letter of Referral, and a plan sheet of details, in addition to the Design
Standards and Guidelines excerpt.
Representatives: Elio Battista Jr., Parkowski, Guerke & Swayze
Mr. Battista mentioned that he was not sure how much background the Commissioners have on
what has occurred, but it may be helpful just to see how we got here. With the owners these are
two buildings. There is a liquor store being operated by a tenant in the subject building. In
August, I believe they were subject to Code Enforcement. It is an old building, either by intent,
neglect, or just the passage of time. It needed to be fixed, bottom line. No one is denying that.
The owners engaged with a structural Engineering Firm to do a preliminary assessment of the
building. That was submitted; there were some questions that came back with respect to the
structural report meaning you want to see some more. The Engineering Firm was not able to
attend the meeting today, but they were asked to go backout on site and give an update. There
were questions from the Planning Office about specific areas they wanted to be addressed. In
addition, they are also engaging in a structural survey. The reason that we want the second floor
demolished is to fix whatever problem needs to be updated.
The issue that we came across was the subject area with the bowing (of the wall) may or may not
occur is up there. I've been informed by the builder and the engineer that it's easier to demo than
to fix that and remove the problem if there's one there. Also, the issue of the replacement of
bricks that are up there and finding that particular type of brick. So, removing the second floor
will definitely ensure the structural integrity of the building and it will have a completely new
roof system. The brick that is there we could then use to cap as Staff recommended to fill in
where it needs to be on the first floor.
I don't know if you see the pictures now and I'm sorry I don't have more but I did ask the
architect if there could be a more detailed architectural drawing. I can pass this picture around.
We are trying to keep the same style and color of the building and again it's very rudimentary. It
helped me and hopefully you also as to what it would look like. With respect to reading the
Design Standards and Guidelines criteria, the first element of determining the financial
implications of maintaining the property versus demolition. We want to maintain it. We want old
things, but there is a Code now to fix it. We can maintain the integrity and enhance the structural
integrity with this plan. It's not a question of will it cost too much but can we do it and can we do
it right. Its economic issues again to the Historic District and my client to make it look nice with
6
8
Página 9
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
respect to how it fits in with city planning and the goals of maintaining of how we are going to
do it and whatever plans they have in the future. This has to be done. He asked if there were any
questions.
Mrs. Richardson stated that the first floor is just as old as the second floor. Mr. Battista stated I
want to demolish the whole thing. We are renovating all of it right, by removing the second
floor. Then if there is a problem with the building settling over time and again that's a lawyer
speaking not the engineer, there's going to be a report as to this eliminates that problem.
The ability then to renovate the first floor is enhanced because there's issues if you have to do
patchwork on the second floor. If you have the adjoining building and there's issues, then I was
told you don't want to do patchwork up the top because you will affect the adjoining building. I
want to keep it nice and make it look nice. We can retain the same brick if there is anything that
needs to be done in the future, then we are not searching around to find it.
Mrs. Richardson asked if the renovation on the first floor would be exterior only? Are you just
talking about the façade? Mr. Battista replied he was referring to the structure and the outside.
Right now, it is a liquor store but who knows what it might be in the future. Whatever it is being
used for in the future, you have to make sure that the building is structurally sound, it's safe, and
meets with your historic requirements.
Mrs. Mason asked if the people who own it are the same people who owned it before when it
came to the point of having to be demolished? Are these going to be the same owners at the
liquor store?
Mr. Battista stated that you have the building owner and there's a tenant that runs the liquor store.
They are the same owners, but they are not shirking any responsibilities.
Mrs. Mason mentioned that they were difficult to get in touch with. Mr. Battista replied that it
would not be a problem in the future.
Ms. Horsey mentioned that she had a question regarding the structural integrity of the building
next to it and whether the demo of the second floor is going to affect the structure.
Mr. Battista replied that they were told it won't but if they were going to do the other work
getting on the roof, lay person terms, then there could be some impact to the adjoining building
with one side leaning on the others. Whatever needs to be done has to be done properly,
correctly, and soundly. We have engaged an engineering firm. When we hire an engineer, they
don’t want to lose that stamp. Any risk to the integrity of the firm is hard to get and the next
conversation is “I'm committed to a presentation”. The goal is parallel, that is why they wanted
to engage me.
Chairman Czerwinski stated that he did not have any problem with the execution of demolishing
the second floor. What he is concerned about is that you have an engineer doing a review right
now that should have been completed before you came to us so that we can evaluate the amount
of work it takes either directly versus demolishing it. It makes the Historic District Commission
action tough. If the second floor is unsalvageable, I can fully understand taking it off, but if
7
9
Página 10
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
you're doing this the simplify you know just take a simplification or you didn't talk to
engineering enough to evaluate whether to do repairs to the structure. The rest of the structure is
not brick it is cinder block, a concrete structure. The cinder block is deteriorated of course
because the water gets behind the cracks. There was a comprehensive original report that the
structural engineer provided. There were comments back from the City Planning Office saying
we want you to address these specific issues.
Mr. Battista stated that this is the original engineering report that was submitted and then this
was marked up and there was a letter from the City.
Chairman Czerwinski stated for me cost wise taking the second floor off is cheaper than doing
the repair to the existing structure unless that structure is so compromised that it is not repairable,
it's not economically feasible to do so. I'm not being told that and I'm not saying that. There's
absolutely no way we can salvage this structure because it's just economically not feasible. I
don't see any information regarding the second-floor structure. I see damage but we've also seen
another company on State Street completely restabilize the whole corner of the building. Now
you have identified a catch 22.
Mr. Battista stated that we can fix it. It's not structurally compromised. The City comes back that
“we don’t like that thought”. If you don’t like that, then the only other choice we have is to get
rid of the whole second floor because you don’t like it. We will do whatever satisfies the Code.
Chairman Czerwinski stated that we would like to see the paperwork so that the committee can
understand what's going on. Because if it is something that you know that it's just not possible to
save the second floor then we would like to know that.
Mr. Battista mentioned that the City has to say that they agree with the engineer that keeping the
second floor and that doing XYZ will satisfy them.
Chairman Czerwinski stated that you are not giving us all the information we need because your
engineers are just supplementing.
Mr. Battista mentioned that there is a Letter that has been sent out from the Planning Office
stating that that they got the report and gave us this supplementing the report that you are about
to see. You may look at it and say that we have answered everything. And the City may look at
it and say you have not answered everything. The letter is dated August 28, 2023.
Mrs. Melson-Williams mentioned that there is a separate Code Enforcement case and there was
an original submission of an engineering report there. Upon the review by City staff, there were
some questions that we had in that report. I believe that's what Mr. Battista is referring to. Mr.
Battista replied correct.
Mrs. Melson-Williams mentioned that the Letter is not in your packet. What was specifically
brought forward to the Historic District Commission was the Demolition/Renovation Permit that
was filed. As an option remedy, it was something that Staff could not approve because of the
type of work and it was in the Historic District which is why it's before you today.
8
10
Página 11
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
Mr. Battista mentioned that's why I wanted to fill in on the whole story and that's why the
applicant went forward with the partial demolition because then it removes all doubt.
Ms. Horsey mentioned that the Historic District Commission has always wanted to see a building
saved as it is. Mr. Battista stated that he understands. Ms. Horsey mentioned that is our highest
and best use. It would be mighty nice to have a report from somebody saying how much it would
cost to make it structurally sound. Sure, it's more money, but we all have a higher standard in the
Historic District.
Mr. Battista stated I am getting the engineer to supplement this report because as we stand now
the City said no. If they're saying no its unsound and this is the only way to make it sound, then
we come back. The City then has to say okay you've got this supplement and it’s structurally
sound; it's not condemned, now renovate it. But if they don't come back and say that then this is
the only option that we have.
Chairman Czerwinski stated okay then we don't have the final answer.
Mrs. Richardson stated that we need to have their answer first.
Chairman Czerwinski stated that I can't imagine that renovation would cost you more than
actually lopping off the whole floor.
Mr. Battista stated we have to get the City to agree to that.
Mrs. Melson-Williams stated that the letter that Mr. Battista is referring to is part of the Code
Enforcement case. It is not part of what was brought to you was the Permit that was filed.
Chairman Czerwinski stated that he hated to push this off.
Mr. Battista stated but the good thing is if Code Enforcement says it’s okay, we agree with what
you just submitted then the business opens, and we move forward. But if they say no then okay.
Chairman Czerwinski stated that makes our decision, but right now I'm not given all of the
information to say whether or not we could approve the plan as presented.
Mr. Battista stated again because there's a parallel Code Enforcement final, you can’t like
crossover. We have to deal with them, but in dealing with them we present our plan. I'm just here
to reiterate the commitment of the owner to make this right. Somebody tells us yes or no. If it's
no, then we're here again and have to do this. If it is sound and we can open up for business and
renovate (repair plan).
Mr. Battista stated it really wasn't a question about cost, it was about safety.
Chairman Czerwinski stated until I can get that amendment and them to finally say “oh yeah
well, I took a look and we’ve got crumbling in the cinder block further down and there's no way
we can salvage the structure or because from what I see here it looks like this could actually just
9
11
Página 12
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
replace a few pieces of cinder block where it's cracked.” I need them to come back, or I need the
City and/or your engineer to come in and actually have a final decision on the Code issue. Mr.
Battista asked Code issue? Chairman Czerwinski replied yes, because as it stands now it is the
partial demolition and then renovation. It would make our decision a lot easier because we are
here to save the buildings. It’s not a very attractive building but it is a building that's distinct to
the 1950s. We gotta save the building if we can and we don't want to push to the extent that it is
so expensive. Just because the building is condemned doesn't mean that the building has to come
down. There are a lot of buildings that are condemned and are not safe. As mentioned, they can
do a repair plan and state what has to be done to make the building safe and habitable. They said
you need to repair the corners and make sure everything is sealed and that the building structure
is as approved by an engineering firm. So, if the engineering firm’s supplemental (report) comes
in and says all we need to do is those repairs, then yeah. I'm not saying you're not going to be
able to go back in right away because you probably won’t because it is unsafe. There's a big
difference between taking off the whole floor and doing the repairs to the sections that are
actually cracked and having them demolished on the second floor. If there are just spots that
need to be addressed that could save you money. I would not say patch it but repair it at a
fraction of the cost because you would have a whole new roof that needs to be put in. I would
definitely have them finish up that report and resubmit it to the City and see what the City says
about it. If the City is putting their foot down then come back here and we will discuss their plan.
Mrs. Melson-Williams stated that she would suggest that the Historic District Commission do
some type of motion at this point that you’re holding off on action regarding this Permit Referral
pending submission of additional information and what path that may lead to. I think there needs
to be something. I think collectively you have kind of reached that conclusion, but it would be
better suited to have a specific motion. Then as the path continues, we'll know eventually which
piece is coming back to you and will be able to schedule that for a future meeting.
Chairman Czerwinski asked if it was a motion to deny the request? Mrs. Melson-Williams
replied I don't know that it's a motion to deny. I think it could be a motion to defer. That deferral
action on this Permit which presents one option for the building because you've heard
information about potential alternative options for the building. I think is where we're kind of at;
if that makes sense.
Mrs. Richardson moved the deferment of Application HI-23-05 and Demolition/Renovations
Permit #23-1521 on the issue until we have additional information from the City Code
Enforcement Office and the Applicant. The motion was seconded by Ms. Mason and unanimously
carried 5-0.
Mr. Battista asked when he gets the report, do you want me to just respond to this letter that's one
that says we got it, but we want more stuff?
Mrs. Melson-Williams mentioned that it is coming out of the Code Enforcement side. I would
say yes, just submit it to them and copy me. We will do some type of written notice of the action
to defer just so that it starts to tie up this part of the process and let Code Enforcement know
what happened regarding it today. So that we're holding one option as you continue to explore
hopefully in an expeditious manner other options.
10
12
Página 13
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
Annual Meeting of Historic District Commission
Election of Chair and Vice-Chair
Mrs. Melson-Williams stated that per your Bylaws, November is the Annual Meeting of the
Historic District Commission where you elect the positions of Chair and Vice Chair for the next
calendar year. Included in your packet was a copy of the Bylaws. Currently your Chair is
Mr. Czerwinski and your Vice Chair is Ms. Horsey. The Bylaws do note that the Chair and Vice
Chair can serve two appointed terms which is basically a total of six years.
Ms. Horsey made the nomination that Mr. Czerwinski remain the Chair for the next calendar
year. Mr. Czerwinski accepted the nomination. Ms. Mason made the nomination that Mrs.
Richardson be the Vice Chair. Mrs. Richardson accepted the nomination.
Ms. Horsey moved to approve by acclamation that these two candidates be accepted as the Chair
and Vice Chair. All were in favor by acclamation to accept Mr. Czerwinski as the Chair and
Mrs. Richardson as the Vice Chair of the Historic District Commission.
Meeting & Deadline Schedule for 2024
Mrs. Melson-Williams stated that included in your packet a draft of the Meeting and Filing
Deadlines for 2024. So basically, we establish a filing deadline that is a Friday in one month and
then by meeting that deadline the applications appear the following month. Your meeting dates
continue to be the third Thursday of the month at 3:30 pm.
The deadlines are for projects that have to make a formal application to the Historic District
Commission. Referral of Permits are not subject to that deadline. They are subject to us having to
publish a meeting agenda in a timely fashion.
Mrs. Melson-Williams asked if there were any questions. There were none.
Basically, to file an application with the Historic District Commission there is a Pre-application
Meeting that Planning Staff conducts. It helps them understand what their filing requirements are
for a project to appear before you. We do anticipate a number of projects coming to you in 2024.
OLD BUSINESS
Certified Local Government (CLG) Program
Mrs. Melson-Williams stated that included in your packet was some information we got from the
Division of Historical and Cultural Affairs regarding the Historic Preservation Grant Fund
application timing. After a number of years of the status of grant money being influx with
COVID and various other reasons, they are putting out the numbers for what we may be eligible
for using what is Federal Fiscal Year 2023 money. The City is eligible for a grant of just over
$11,000 which requires a match of about $7,600. The application date is no later than March 1,
2024; and those projects under that grant would need to be completed by September 2025. What
was included in your packet is the grant guidelines. There are a number of different types of
projects that could be undertaken. They call them eligible grant activities and then there’s also a
11
13
Página 14
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
sense of what the application form looks like. Planning Staff has obviously not had time to really
delve into this to put forth some potential projects. We do have the one that we kind of had on
the burner for a couple of years that we just haven't gotten to. That was related to your Design
Standards and Guidelines and looking at alternative materials type information, but there may be
something else here that peaks your interest. I would suggest taking some time to read through
this. If you’ve got any questions or ideas today that Staff can explore, we're happy to start to kind
of look at that, but this is a grant opportunity. It is not bricks and mortar. It is for things like
studies and research, public outreach, National Register nominations, and things of that nature.
Chairman Czerwinski asked what is the completion requirement date? Mrs. Melson-Williams
replied September of 2025.
Chairman Czerwinski asked if it was a longer lead time. Mrs. Melson-Williams replied I think
it's because they have multiple grant year money, and the Federal year never matches up with
anyone's fiscal year or calendar year. I think it's a mix of a couple of things. There may be FY’24
monies but they don't know what those amounts are as of yet.
Chairman Czerwinski seemed to think that it was pretty far out. He was questionable about the
timeframe/cutoff. Mrs. Melson-Williams mentioned that they were typically like a year time
frame. I think they have been dealing with that issue across the board. I think they're refining
how their process works.
Mr. Street asked what is the amount of time to work on a project? Mrs. Melson-Williams replied
with an application filing deadline in March. There is kind of a review process and you have to
get a grant in place. You are looking at roughly a year.
Chairman Czerwinski asked if there were any questions. There were none.
Mrs. Melson-Williams mentioned that we will look to the City's Comprehensive Plan which I
always note here that has the Preservation Chapter and the series of goals and recommendations
related to historic preservation in the City. There may be some opportunities that present
themselves in that document as well.
Implementation of 2019 Comprehensive Plan
Mrs. Melson-Williams mentioned there was no particular information for you all on that other
than some of those other studies that I reported on earlier are certainly going towards meeting a
number of goals and recommendations of the Comprehensive Plan. That is to be expected as part
of the overall implementation coming out of the Comp Plan process.
There's a lot of City Departments that have various studies and projects going on. There's a
Downtown Pathways project as a study that the MPO is involved in. They had an outreach
meeting within the last couple weeks and are looking for ways to improve biking and pedestrian
access in and around the Downtown. There's a number of things on the water/wastewater with
system improvements and wellhead development. There are a lot of things here in the City that
we could point to in the Comprehensive Plan for sure.
Chairman Czerwinski asked if there were any further questions. There was none.
12
14
Página 15
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION NOVEMBER 16, 2023
Ms. Horsey moved to adjourn the meeting, seconded by Mrs. Richardson, and unanimously carried
5-0.
Meeting adjourned at 4:45 PM
Sincerely,
Kristen Mullaney
Acting Secretary
Maretta Savage-Purnell
Secretary
13
15
Página 16
City of Dover Historic District Commission
Summary of Applications 2023 Item 3.
Updated thru February 8, 2024
FILE# PLAN NAME LOCATION TYPE ACTION STATUS
HI-23-01 Lands of Shank 34 The Green Site Plan for Parking Review for Architectural Review Site Plan granted conditional approval by
Shack, LLC: Lot Reconfiguration Certification of Site Plan; Public Historic District Commission. Administrative
Parking Lot Improvements Hearing and Review by HDC Site Plan review completed: Final Plan
Improvements 1/19/2023. Recommended approval of approval issued May 2023. of
ArchRevCert for project. Administrative Building Permit #23-1668
issued 11/6/2023 to commence
construction. Improvements are associated
with future Kent County Family Court
Project. Project underway.
HI-23-02 Referral of Fence 147 S. New Street Fence Permit Permit #23-781 referred to HDC by City Permit Application received 5/12/2023 and
Permit #23-781 at Planner for consultation on Referred to the HDC for consultation.
147 S. New Street Architectural Review Certification; Permit to be approved for issuance per HDC
5/18/2023 HDC recommended action of 5/18/2023. Permit issued
approval of ArchRevCert to allow 6/6/2023. Fence installed.
height of 6-feet constructed of wood
materials that may be stained (no vinyl
fence).
HI-23-03 Referral of Permit 43 The Green, John Sign Permit for Permit #23-987 referred to HDC by City Permit Application received and Referred to
#23-987 at 43 The Bell House Informational Kiosk Planner for consultation on the HDC for consultation. Project is
Green Architectural Review Certification; installation of information kiosk of 9 SF as
7/20/2023 HDC recommended post and panel style sign to display
approval of ArchRevCert to allow kiosk information on the First State Heritage Park
style sign subject to use of certain activities. Permit approved for issuance per
materials. HDC action of 7/20/2023 requiring the use
of black metal material or painted wood for
kiosk.
HI-23-04 Referral of Sign 32 W. Loockerman Sign Permit for 2 Permit #23-1462 referred to HDC by Permit Application received and Referred to
Permit #23-1462 Street Business Tenants City Planner for consultation on the HDC for Consultation. Project is
at 32 W. Architectural Review Certification; installation of signage for two tenants. HDC
Loockerman St 10/19/2023 HDC recommended recommended Revised Signage. Permit
approval of ArchRevCert for window approved for part of window sign portion of
signs and signs on metal band. project.
16
Página 17
City of Dover Historic District Commission
Summary of Applications 2023 Item 3.
Updated thru February 8, 2024
FILE# PLAN NAME LOCATION TYPE ACTION STATUS
HI-23-05 Referral of 153 S. Bradford Demolition Permit Permit #23-1521 referred to HDC by Building condemned by Code Enforcement,
Demolition Street for Demolition of City Planner for consultation on Case #23-3847. Permit Application received
Permit #23-1521 Second Floor Architectural Review Certification; for Partial Demolition and Referred to the
at 153 S. Bradford deferred from October 19, 2023 HDC HDC for Consultation. Project seeks to
St Meeting at request of Applicant. demolish the second floor of the masonry
Consideration began at November 16, building and construct flat roof system.
2023 HDC Meeting; action pending Supplemental Engineering Report received
submission of additional information. 2/5/2024 and forwarded to Code
Enforcement Staff. Property owner has not
selected which remedy option to pursue at
this time.
17
Página 18
City of Dover Historic District Commission
Summary of Applications 2023 Item 3.
Updated thru February 8, 2024
FILE# PLAN NAME LOCATION TYPE ACTION STATUS
HI-24-01 Referral of Fence 146 S. State Street Fence Permit Permit #23-1868 referred to HDC by Permit Application received 12/13/2023
Permit #23-1868 City Planner for consultation on and Referred to the HDC for consultation.
at 146 S. State Architectural Review Certification; The Fence is subject to Code Enforcement
Street 1/28/2024 HDC deferred action on Case #23-3983 for installation without a
ArchRevCert seeking additional Permit. It is a vinvyl fence that is six foot in
information on its materials, location, height.
and another neaby fence.
18
Página 19
Summary of Permit Applications with Architectural Review Certification
Item 4.
2024- Updated Thru 2-8-2024
DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES
REVIEW CERTIFICATE
1/26/2024 24-67 28 W Loockerman St, The Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations - storage area
Hive Renovations required for interior work. wall.
19
Página 20
Item 6.
City of Dover
ARCHITECTURAL REVIEW REPORT
Referral by City Planner to Historic District Commission
Meeting of January 18, 2024
Permit: Fence Permit #23-1868
Location: 146 S. State Street, Dover
Located on the west side of South State Street to the north of (but
not adjacent to) West Loockerman Street
Tax Parcel: ED-05-077.09-02-58.00-000
File Number: HI-24-01
Present Zoning: C-2 (Central Commercial Zone)
H (Historic District Zone)
Referral of Permit:
The following application Fence Permit #23-1868 for 146 S. State Street is referred by the City
Planner to the Historic District Commission for consultation regarding the issuance of the
Architectural Review Certificate for a Fence project. Applications for certain types of
construction activity within the Historic District Zone (H) are reviewed by the City Planner (or
Staff as designated) for Architectural Review Certification as part of the Building Permit
application review process. Staff is referring the Permit for review under the provisions of
Zoning Ordinance, Article 10 Section 3.22(A) and (B). See below.
Section 3.22 Architectural review certification by the city planner.
(A) An architectural review certificate for specific classes of building permits, including
Fences, signs, siding, window and door replacement, roofing, the addition or replacement
of decorative features, minor demolition, residential additions, and other construction of a
minor nature, may be issued by the city planner, after a review and determination that the
proposed construction is in general accordance with the standards set forth in subsection
3.25.
(B) The city planner may refer any permit application for demolition or construction in the
historic district for consultation with commission.
Permit Information:
Fence Permit #23-1868 was filed on December 13, 2023 for a Fence project at 146 S. State
Street in Dover, Delaware. The Project outlined in the Permit submission involves placement of
a six-foot vinyl Fence (Fence # 1) to the rear of the building between the parking lot and the
building spanning from north to south. There is an additional Fence segment (Fence #2) that goes
from the building north to the adjacent property and connects to an existing six-foot vinyl Fence
at 140 S. State Street.
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service 20
Página 21
Item 6.
HI-24-01 Referral of Fence Permit #23-1868 146 S. State Street
Staff Report to the Historic District Commission
Page 2 of 5
It is noted that the six-foot vinyl Fences at 146 S. State Street have already been installed and
was done so without a Building Permit. This work without a Permit is the subject of Code
Enforcement case # 23-3983. The case was opened August 15, 2023. The Fence Permit as noted
was not filed until December 2023.
The project site is located within the local Historic District Zone (H) and subject to the
provisions of the Zoning Ordinance, Article 3 §21 and referenced sections. This building is also
located within the boundaries of a National Register Historic District, specifically the Victorian
Dover Historic District.
Staff Review of Permit for Architectural Review Certification:
Project activities are reviewed for compliance with the Zoning Ordinance and the Design
Standards and Guidelines for the City of Dover Historic District Zone as stated in Zoning
Ordinance, Article 10 Section 3.25(A).
Article 10 Section 3.25 Architectural review standards.
(A) An architectural review certificate may be issued if it is found that the architectural
style, general design, height, bulk and setbacks, arrangement, location and materials
and structures affecting the exterior appearance are generally in harmony with
neighboring structures and complementary to the traditional architectural standards of
the historic district as set forth in the historic district design guidelines and standards
adopted by the planning commission and as set forth in the United States Secretary of
the Interior's Standards for Rehabilitation.
The current location of the side Fence segment (Fence #2) is in the “public view”; and it is
deemed visible from the public way of the adjacent street. Public view is defined in the Zoning
Ordinance as “that which can be seen readily from a public street, public building or public
property, excluding views from alley rights-of-way.”
A majority of the longer Fence (at the edge of the parking lot) is blocked from view from South
State Street by the mass of the building. The rear alley (South State Street Alley) is not
considered to be a “public view” point.
In reviewing the proposed project for Architectural Review Certification, Staff referenced
various sections of Chapter 3: Maintenance, Repair, Preservation and Restoration of Existing
Historic Buildings of the Design Standards and Guidelines for the City of Dover Historic
District Zone which presents the Recommended, Not Recommended, and Inappropriate
approaches to construction of various elements in the Historic District.
This Request should be reviewed for conformity with the design criteria and development
guidelines found in the Design Standards and Guidelines for the City of Dover Historic District
Zone. Specifically, Chapter 3 page 3-26 includes the discussion of Fences in the Historic District
zone where it states that site Fences and walls “should not exceed 4’0” in height and then
discusses the Recommended, Not Recommended, and Inappropriate practices associated with
Fences and walls as related to materials. Chapter 3 presents the information on the appropriate
Fence materials for use in the Historic District. Wood picket style Fences and cast iron (metal)
fencing are Recommended.
21
2
Página 22
Item 6.
HI-24-01 Referral of Fence Permit #23-1868 146 S. State Street
Staff Report to the Historic District Commission
Page 3 of 5
Staff also looked at the provisions for Fences in the Zoning Ordinance. The Zoning Ordinance
limits the height of Fences to four (4) feet within the front yard setback (Article 5 §1.55) with
other provisions for increases Fence height to 6.5 feet for side yards, rear yards, and the second
front yard on corner lots.
Historic District Commission Action
The Historic District Commission should consider the Fence project and take action in regard to the
Architectural Review Certification for the Fence Permit #23-1868. The Historic District
Commission may add conditions for the Fences (Fence #1 and Fence #2) in order to comply with
the character of the property within the Historic District.
Staff Findings from Review of Building Permit:
Staff findings and recommendations are summarized as follows for the Fence project as
presented in Permit #23-1868 and accompanying documents.
1. Fence Location: The Fence #1 is located in the middle of the property at the rear of the
building. There are 2 pedestrian gates on this portion of Fence which runs north south.
The north side of the property has Fence # 2 that runs parallel to State Street between the
building and the north property line, connecting to a Fence to the north on an adjacent
property. It is noted that there is a decorative wrought iron Fence at the front façade of
the building running adjacent to the street sidewalk. This Fence remains and spans
between 146 and 140 South State Street.
2. Fence Visibility: The side Fence segment (Fence #2) is visible from the South State
Street right of way. If this section of Fence were to be removed, the rear Fence (Fence
#1) portion would then also be visible.
3. Fence Height – 6 ft. along a side property line: The Design Standards and Guidelines say
that generally the height of a Fence should not exceed 4 feet. The 6-foot Fence exceeds
the recommended height of the Design Standards and Guidelines. Staff review of
previous permits did find a Fence Permit (Permit #03-831) in 2003 for a 42” high Fence.
This was to determine if this new Fence replaced a previously existing Fence. There was
no diagram or specifications of material for the Fence in the file. The description as
described is “48 L.F. of fencing (42” high) at curb in parking lot, next to building”. The
2012 Google Street view shows what looks to be a wood picket Fence that matches
description from the 2003 Fence Permit. This earlier wood fence appears to have been
removed as 2019 Google Street view does not show a Fence in the locations that are
present today.
4. Fence Material: The Fences are of white vinyl as a solid panel between posts system. The
use of vinyl products is typically not recommended for use in the Historic District;
however, there are examples that have been approved for Fences with conditions for use
of wood products, materials with a wood grained appearance (non-shiny), or other
composite materials in a neutral color (tan/clay).
22
3
Página 23
Item 6.
HI-24-01 Referral of Fence Permit #23-1868 146 S. State Street
Staff Report to the Historic District Commission
Page 4 of 5
5. Current Condition & Location: The Fences (Fence 1 and Fence 2) applied for in the
Permit exist today. A Permit was applied for after a Code Enforcement Case was opened
8/15/23 for No Valid Permit.
6. Adjacent Fence at 140 South State Street: Planning Staff looked for information on the
adjacent Fences. The only survey on file at the City of Dover offices for either adjacent
property is from 1985 for 140 S. State Street. The survey shows a six-foot Fence inside
the property line for an enclosure for the restaurant. However, the 2019 Google Street
view shows a four-foot Fence approximately on the property line. Current conditions
show renovations to the rear patio area including what appears to be 6-foot vinyl fencing
as the enclosure.
Recommendations:
• Fence #1-Staff finds that Fence #1 location generally has limited visibility from
the public way of South State Street due to the building and other fencing. The 6-
foot height is unfortunately used to create a privacy Fence with limited visibility
between parking lot and the building it serves. Given the location of the Fence, an
allowance for it to remain could be granted.
• Fence #2-Staff finds that this Fence is visible from South State Street and connect
to an adjoining Fence blocking the through view to the alley. Even at this
distance, the actual material is difficult to determine from the street.
Consideration could be given to reduce this Fence to a height of 4-feet. A
recommendation would be to add landscaping (shrub planting) on the South State
Street face of the fence to screen the vinyl material usage (and taller height).
Advisory Comments:
1. The applicant shall be aware that issuance of a Fence Permit is required prior to the
commencement of construction. The Fence Permit Application will be subject to the
conditions of approval established and may be required to be updated, if necessary, to
comply with these conditions established through the Architectural Review Certification
process.
Attachments:
• Letter of Referral Notice to Applicant dated January 8, 2024.
• Building Permit #23-1868 Application Form and Permit submission documents
• Map: Actual locations of Fence #1 and Fence #2.
• Design Standards and Guidelines for the City of Dover Historic District Zone, Chapter 3,
page 3-26 to 3-27.
• Pictures taken January 4, 2024.
• Screen shots Google Streetview.
• Code Enforcement Case #23-3983.
23
4
Página 24
Item 6.
HI-24-01 Referral of Fence Permit #23-1868 146 S. State Street
Staff Report to the Historic District Commission
Page 5 of 5
24
5
Página 25
Item 6.
City of Dover
January 9, 2024
State Street 146 Properties LLC Bright Side Roofing
Zach Foust Brian Duerr
33 S. State St
Dover, DE 19901 Via email: Brian30286@yahoo.com
Re: Referral of Fence Permit #23-1868 to Historic District Commission, HI-24-01
Fence at 146 S. State Street, Dover, DE
Dear Mr. Foust and Mr. Duerr,
This letter is to inform you that Fence Permit Application # 23-1868 has been referred to
the City of Dover Historic District Commission for consultation. Fence Permit #23-1868
was filed on December 15, 2023 for a fence project at 146 S. State Street in Dover, Delaware.
The project outlined in the Permit submission involves 6-foot vinyl fence to the rear of the
property spanning from the fence at the northern adjacent property along the parking lot to the
south side adjacent property fence with 2 pedestrian gates. Additionally, there is a 6-foot vinyl
fence segment between the northern adjacent property fence and the building with a pedestrian
gate.
This permit was filed after the fence was constructed; it is the subject of Code Enforcement
Case #23-3983: for work without a permit.
The location of the subject property within the City of Dover’s Historic District zone requires the
review and issuance of an Architectural Review Certificate (ARC) for construction and
demolition activities. Fences are eligible for Staff review of the ARC during the Building Permit
application process. Project activities are reviewed for compliance with the Zoning Ordinance
and the Design Standards and Guidelines for the City of Dover Historic District Zone as stated
in Zoning Ordinance, Article 10 Section 3.25(A).
3.25 Architectural review standards.
(A) An architectural review certificate may be issued if it is found that the architectural
style, general design, height, bulk and setbacks, arrangement, location and materials
and structures affecting the exterior appearance are generally in harmony with
neighboring structures and complementary to the traditional architectural standards of
the historic district as set forth in the historic district design guidelines and standards
adopted by the planning commission and as set forth in the United States Secretary of
the Interior's Standards for Rehabilitation.
In reviewing the proposed project for Architectural Review Certification, Staff referenced the
Chapter 3: Maintenance, Repair, Preservation and Restoration of Existing Historic Buildings of
the Design Standards and Guidelines which present the Recommended, Not Recommended,
and Inappropriate approaches to activities in the Historic District. The Design Standards and
Guidelines limit the height of fences to four feet and specifies appropriate materials for fencing.
This project involves the placement of a six-foot fence which exceeds the recommended height
in the Historic District. In addition, the fence was constructed of vinyl material. Therefore, I am
referring the Fence Permit application to the Historic District Commission for consultation. See
Zoning Ordinance, Article 10 Section 3.22 (A) and (B) listed below.
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service 25
Página 26
Item 6.
Letter Re: Permit #23-1878 Fence at 146 S. State Street, Dover
January 9, 2024
Page 2 of 2
Section 3.22 Architectural review certification by the city planner.
(A) An architectural review certificate for specific classes of building permits, including
fences, signs, siding, window and door replacement, roofing, the addition or replacement
of decorative features, minor demolition, residential additions, and other construction of
a minor nature, may be issued by the city planner, after a review and determination that
the proposed construction is in general accordance with the standards set forth in
subsection 3.25
(B) The city planner may refer any permit application for demolition or construction in the
historic district for consultation with commission.
The City of Dover Historic District Commission will review this Permit at their next
meeting scheduled for Thursday, January 18 at 3:30pm. Options for participating in the
Meeting include attending In-Person at the City Hall Conference Room and or attending
the Virtual Meeting presentation using WebEx, an audio and video conferencing system.
A separate meeting invitation to Join the Meeting virtually will be sent by email to the
applicants; where you can clink “Join Meeting” to attend that afternoon. This Permit
Referral has been assigned Application #HI-24-01. You are encouraged to participate in this
meeting to discuss the project. Staff will provide the Historic District Commission with the permit
application materials and other background information for their review and action.
Also attached to this Letter are the Design Standards and Guidelines for the City of Dover
Historic District Zone pertaining to Fencing (pages 3-26 and 3-27). If you have questions or wish
to discuss alternative options, please contact the Planning Office at (302)736-7196.
Sincerely,
Department of Planning and Inspections
Dawn Melson-Williams, AICP
Principal Planner
CC: Fence Permit #23-1868
HI-24-01
Code Enforcement Case#23-3983
26
Página 33
Item 6.
Inside fence #1. Taken January 4, 2024.
33
Página 34
Item 6.
From the alley facing east. Taken January 4, 2024.
From the alley. Taken January 4, 2024.
34
Página 35
Item 6.
Inside fence #1 facing north. Taken January 4, 2024.
From South State Street showing the south side of the house at 146 S. State Street. Taken
January 4, 2024.
35
Página 36
Item 6.
From South State Street on the north side of 146 S. State Street looking towards the rear of the
property showing fence #2. Taken January 4, 2024.
From South State Street looking towards the rear of the property between 146 & 140 S. State
Street showing fence #2. Taken January 4, 2024.
36
Página 37
Item 6.
Showing second pedestrian gate on fence #1 from the parking lot. Taken January 4, 2024.
37
Página 38
Item 6.
Google Streetview showing fence matching description from Permit #03-831. April 2012.
Google Streetview showing Oct 2019.
38
Página 40
Item 6.
City of Dover
ARCHITECTURAL REVIEW REPORT – ADDENDUM #1
Referral by City Planner to Historic District Commission Meeting of January 18, 2024
Submission of Addendum #1 for Historic District Commission Meeting of February 15, 2024
Permit: Fence Permit #23-1868
Location: 146 S. State Street, Dover
Located on the west side of South State Street to the north of (but
not adjacent to) West Loockerman Street
Tax Parcel: ED-05-077.09-02-58.00-000
File Number: HI-24-01
Present Zoning: C-2 (Central Commercial Zone)
H (Historic District Zone)
The following is Addendum #1 to provide information requested by the Historic District
Commission regarding the Fence Project under consideration as HI-24-01.
Information Request #1
Existing Conditions of Fence at 146 S. State Street (as installed)
The fence as it currently exists appears to be white vinyl and six feet in height. The front section
(Fence #2) closest to South State Street appears to be about 16 feet in length including the gate.
It appears to connect to the existing six-foot white vinyl fence on the property addressed as 140
S. State Street. The rear fence segment (Fence #1), which is not visible from the right-of-way of
South State Street, also appears to be white vinyl and six feet in height.
As a follow-up from the Historic District Commission meeting of January 18, 2024, a
Letter was sent to the owner and contractor for the requested information on the fence
materials and location. As of February 8, 2024, we have not had a response from the
owner or the contractor.
This information was gathered by Planning Staff from the Permit submission and site
observations. See Exhibit Map #1 (on Page 3) for red line showing locations of the two
fence segments.
As presented in the previous report, there was a Fence Permit for 146 S. State Street from
2003 for a 42-inch-high wood fence in the rear of the building approximately where the
new fence (Fence #1) was installed. This previous wood fence on the subject site was
removed at an unknown point in time as the 2019 Google Street View shows that this
wood fence is not present in the rear location.
Information Request #2
Permit History for Adjacent Property at 140 S. State Street
From the Planning Staff’s review of the City of Dover Permit records, a Fence Permit specific to
the currently observed white vinyl fence on the adjacent property at 140 S. State Street does not
exist in the records. Google Street View from October 2019 shows what appears to be a white
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service 40
Página 41
Item 6.
HI-24-01 Referral of Fence Permit #23-1868 146 S. State Street
Staff Report Addendum to the Historic District Commission
Page 2 of 4
painted wood fence; see images on Page 4. Comparison of available street views of this location
show that the currently existing vinyl six-foot fence replaced a previous wood fence sometime
between October 2019 and August 2023. The vinyl fence is shown in Google Street View from
August 2023. Several shrubs (vegetation) exist on the street side of the fence panel that extends
perpendicular to the wall of the building.
Further information on 140 S. State Street:
The recent Permit activity for the property in 2023 includes a Roof Permit and a Window
Permit. In 2018, there was also a Window Permit.
Google Street Views of the property show a variety of fences enclosing the rear deck
outdoor seating area and rear of the property over the years including solid wood
stockade type fencing, painted wood fencing, and chain-link with slats fencing.
The entity operating as the Grey Fox Grille took ownership of the restaurant circa 2014-
2015 and at that time there were several Permits for renovation activities for both interior
renovations and exterior repairs associated with reopening of the restaurant.
Previously, the location had operated as W.T. Smithers Restaurant since at least 1985. In
2012, there are Permits for the demolition of the rear barn structure that once stood on the
property near the rear alley and including the installation of a 6-foot fence to close off the
rear of the property where the barn structure once stood. This project activity was not
subject to Architectural Review Certification as it was not in the public view (from South
State Street).
Several Permit submissions from 1991-2000 make use of a 1985 survey of the property
with annotations of proposed projects. A fence is shown in the 1985 survey; the survey
outlines a six-foot fence on or near the property line between 146 and 140 South State
Street.
In June 1991, the Planning Commission considered a Conditional Use application (C-91-
03) for construction of an outdoor patio & deck to add outdoor seating at the restaurant.
A fence is mentioned in the discussion of the application in the Planning Commission
Meeting Minutes.
41
2
Página 42
Item 6.
HI-24-01 Referral of Fence Permit #23-1868 146 S. State Street
Staff Report Addendum to the Historic District Commission
Page 3 of 4
Exhibit Map #1
42
3
Página 43
Item 6.
HI-24-01 Referral of Fence Permit #23-1868 146 S. State Street
Staff Report Addendum to the Historic District Commission
Page 4 of 4
October 2019 Streetview shows a 6 foot tall wood fence.
43
4
Página 44
Item 6.
Inside fence #1. Taken January 4, 2024.
44
Página 45
Item 6.
From the alley facing east. Taken January 4, 2024.
From the alley. Taken January 4, 2024.
45
Página 46
Item 6.
Inside fence #1 facing north. Taken January 4, 2024.
From South State Street showing the south side of the house at 146 S. State Street. Taken
January 4, 2024.
46
Página 47
Item 6.
From South State Street on the north side of 146 S. State Street looking towards the rear of the
property showing fence #2. Taken January 4, 2024.
From South State Street looking towards the rear of the property between 146 & 140 S. State
Street showing fence #2. Taken January 4, 2024.
47
Página 48
Item 6.
Showing second pedestrian gate on fence #1 from the parking lot. Taken January 4, 2024.
48
Página 49
Item 6.
Google Streetview showing fence matching description from Permit #03-831. April 2012.
Google Streetview showing Oct 2019.
49
Página 50
Item 7.
From: Davis, Gwen (DOS)
To: Melson-Williams, Dawn
Cc: Eric Czerwinski (Dover)
Subject: EXTERNAL: March 1 Application Due Date - Historic Preservation Fund Grants for CLGs
Date: Tuesday, February 06, 2024 8:55:15 AM
Attachments: FFY2022-2023 CLG Historic Preservation Grant Application Guidelines.pdf
PDF Forms FFY2022-2023 CLG Historic Preservation Grant Application.pdf
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Hi Dawn,
I hope this message finds you well. I am writing as a reminder of the upcoming March 1,
2024, application due date for federal Historic Preservation Fund (HPF) grant funds, set aside
for Certified Local Governments (CLG), from the Federal Fiscal Year 2023 appropriation.
CLGs apply for these grants through our office. For general information about the CLG
program, please see https://history.delaware.gov/wp-
content/uploads/sites/179/2019/01/clgProgramGuide.pdf.
The Application Guidelines, outlining eligible activities and requirements, are attached. The
application forms are also provided here in a fillable PDF format (Word format available on
request). Please carefully review the guidelines and the information in this email (including
new Tips below), and let me know if you have any questions.
This table indicates: the specific amount allocated to your CLG, the required 40% matching
share, the application due date, and the date by which the grant project must be completed:
Grant Available Grant Matching Share Application Due Grant projects
Year Funds for (40%) Date must be
City of Dover completed by
no later than
FFY 2023 $11,530 $7,686 March 1, 2024 Sept. 30, 2025
Request: If your CLG does not intend to apply for this grant, I ask that you let me know (in
writing) immediately, so that the funds can be reallocated to other CLGs.
Tips:
Matching share can be cash or in-kind.
To save time in the event that additional grant funds are available for award:
If the full cost of your project exceeds the available grant funds noted in the table
above, please include that information in the application – at the bottom of the
Project Budget Form.
In the narrative, you can also identify additional projects that you’d wish to
undertake, should additional funds become available. Just keep that information
separate from currently proposed work.
Note that the required matching share will increase proportionate to any increased
award.
If your application is otherwise complete, just pending signatures from Authorized
Representative(s) of your CLG, you can submit a Draft by March 1 for discussion
50
Página 51
Item 7.
purposes. However, our office will not approve the application or award the grant until
all required parts of the application are complete.
Reminder: If a CLG intends to use a third party to administer the grant on its behalf, the
CLG must state in the application that it is delegating that role to the third party. Please see
the attached guidelines for details.
All applications are to be submitted by email to: gwen.davis@delaware.gov
Planning ahead for FY2024: As of this writing, Congress has approved Continuing
Resolutions for the Federal Fiscal Year 2024 budget. Therefore, the National Park Service has
only issued partial apportionment information for Historic Preservation Fund grants to States.
Our office is choosing to wait for the full apportionment figures to apply. We still anticipate
FY2024 CLG applications to occur later in calendar 2024 or early 2025.
Please let me know if you have any questions. Thank you.
-- Gwen Davis
Gwenyth A. Davis
Deputy State Historic Preservation Officer
Delaware Division of Historical and Cultural Affairs
29 North State St., Dover, DE 19901
tel (302) 736-7410 gwen.davis@delaware.gov
website: https://history.delaware.gov/
51
Página 52
Item 7.
Delaware Division of Historical and Cultural Affairs
State Historic Preservation Office
29 North State Street, Dover, DE 19901
(302)736-7400 ● (302)739-5660 (fax)
HISTORIC PRESERVATION FUND GRANT APPLICATION GUIDELINES
FOR CERTIFIED LOCAL GOVERNMENTS
Allocation of Grant Funds in Delaware………………………………………………………page 1
General Grant Requirements.…………………………..……………………………………..page 2
Eligible Grant Activities………………………………………………………………………….page 3
Historic Property Surveys…..…………………………………………………………page 4
National Register Nominations………………………………………………………page 4
Preservation Planning………………………………………………………………….page 5
Outreach………………………………………………………………………………….. page 5
Training…………………………………………………………………………………….page 6
Support for Qualified Staff…………………………………………………………….page 6
Allowable Costs……………………………………………………………………………………page 7
Grant Application Packet Instructions .................…………………………………….....page 8
ALLOCATION OF GRANT FUNDS IN DELAWARE
Each year, the Congress appropriates a federal Historic Preservation Fund (HPF) grant to each state in support of
various preservation activities allowable under the regulations implementing the National Historic Preservation Act
of 1966, as amended. In Delaware, this grant is administered by the Division of Historical and Cultural Affairs, whose
Director acts as the State Historic Preservation Officer. One of the requirements of this federal grant is that a minimum
of 10% of the funds must be sub-granted to Certified Local Governments (CLGs). Because the federal grant award
to Delaware varies from year to year, the amount awarded to Delaware’s CLGs also varies.
Only local governments which have been formally certified as a CLG prior to January 1 of the calendar year and
which continue to meet the requirements for certification are eligible to apply for HPF subgrant funding. Among the
requirements for maintaining CLG status is the submission of an annual report on activities. The State Historic
Preservation Office (SHPO)’s CLG Coordinator typically contacts the CLGs each year to request this report. If not
requested or received beforehand, the SHPO may require that the annual activity report be submitted and approved
as a condition of awarding a subgrant to the CLG.
Each CLG that meets the above requirements and submits an application that is consistent with these Grant
Application Guidelines will receive grant funding. Delaware’s CLG allocation formula provides for a minimum
allocation of $2,000 to each CLG plus an additional allocation based on population (US Census Bureau decennial
figures) to make up a yearly Basic Program Allocation (BPA).
Funding Category Equivalent Population Minimum Allocation Population Factor BPA
1 Less than 3,500 $2,000 + $1,000 = $3,000
2 3,500 – 10,000 $2,000 + $2,000 = $4,000
3 10,000 – 40,000 $2,000 + $3,000 = $5,000
4 Over 40,000 $2,000 + $5,000 = $7,000
1 52
Página 53
Item 7.
Because the HPF grant 10% set-aside that the Delaware SHPO is required to award to CLGs typically exceeds the
amount of the BPA, the CLGs have been placed in Funding Categories in accordance with their 2020 census
populations (based on available data) and are assigned points equivalent to that Funding Category. The points derived
are used to calculate the additional grant funds that CLGs will be awarded. The total number of points is divided into
the difference between 10% of that year’s HPF grant and the total dollars that are assigned in accordance with the
BPA allocation. A total award is then calculated using this formula times the number of points assigned plus their
PBA. The table below shows the point distribution for a typical year.
Certified Local Governments 2020 Population Funding Category/Points BPA
City of Delaware City 1,885 1 $3,000
Town of Milton 3,291 1 $3,000
City of Lewes 3,303 1 $3,000
City of New Castle 5,285 2 $4,000
City of Dover 39,491 3 $5,000
City of Wilmington 71,818 4 $7,000
New Castle County 570,719 4 $7,000
Totals 16 $32,000
Each year that Delaware receives an HPF grant award, the SHPO evaluates each Delaware’s CLGs eligibility to
receive grant funding. The SHPO notifies each CLG of the amount of the federal funds which the SHPO has
determined to award (based on the above formula), and the date on which application for that year is due. If any CLG
is not in compliance with Delaware’s CLG Program Guidelines at that time, they must take corrective action to
change their eligibility status prior to the date on which the application is due.
The federal award indicated in the CLGs notification cannot exceed 60% of the project total budget. The CLG must
provide match, either in cash or in kind, which equals at least 40% of the project budget. A CLG may partner with
another entity which is willing to provide all or part of the non-federal (matching) funds for a project. If the project
will be administered by a third party (e.g., an educational institution), the application should clearly state that the
CLG is delegating administration of the grant to that third party. In addition, two or more CLGs may collaborate and
pool their awards to allow for a greater project budget to accomplish common goals, such as training for
commissioners.
If, for whatever reason, a CLG chooses not to apply for their allotted federal funds or applies for less than the amount
allotted, the SHPO will determine how to equitably distribute these monies to those CLGs whose grant application
shows there is need for additional grant monies and who have the ability to provide the increased matching funds.
GENERAL GRANT REQUIREMENTS
Each CLG must fulfill certain programmatic and administrative requirements in order to obtain a grant award.
Programmatic Requirements:
• As noted in the discussion of eligible grant activities below, some projects require a Principal Investigator whose
professional qualifications are consistent with the Secretary of the Interior’s professional qualification standards
(https://www.doi.gov/pam/asset-management/historic-preservation/pqs).
• Projects must result in tangible outcomes which address a preservation goal, and which are consistent with the
Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation
(https://www.nps.gov/subjects/historicpreservation/upload/standards-guidelines-archeology-historic-
preservation.pdf), as applicable
• All products must acknowledge receipt of federal funding as well as include a non-discrimination statement.
• A Grant Agreement between the SHPO and the responsible parties must be signed before any federal funds may
be disbursed.
o Content: The Grant Agreement contains the approved scope of work, budget, project performance period,
detailed performance schedule, list of activities to be accomplished, and references to the performance
standards, stipulations, and federal regulations appropriate to the project, including (but not limited to):
2 53
Página 54
Item 7.
non-discrimination, political activities, disclosure of information, conflict of interest, insurance,
handicapped accessibility, and record retention and accessibility.
o Signatories: If the CLG is administering the grant, the CLG’s Authorized Official (e.g. Mayor, Town
Manager, or other government staff with oversight responsibility) must sign the Grant Agreement. If the
project will be administered by a third party (e.g., an educational institution) on behalf of the CLG, the
Grant Agreement is made between the SHPO and the third party, with the CLG’s concurrence.
• All activities and expenses associated with the grant, including the hiring of a consultant, are to take place
between the start and end dates indicated in the Grant Agreement or in any amendment to it. Start and end dates
vary by year and by the nature of the project. Any extension to the end date requires written approval by SHPO.
• Matching Share:
o The project budget must indicate a local match, either in cash or in kind, equal to a minimum of at least
40% of the total project costs.
o A CLG may partner with another entity that is willing to provide all or part of the matching funds for a
project. If the project will be administered by a third party on the CLG’s behalf, that party may be
contractually obligated to provide the match. In either case, the CLG must remain engaged in the project,
including ensuring that the required match is expended.
• CLGs may not charge fees for grant-funded programs except to cover associated direct costs that will not be
reimbursed with grant funds (e.g., providing meals for workshops), in accordance with federal rules.
• CLG grants are funded on a reimbursable basis and requests for reimbursement of project costs are made either
on a schedule indicated in the Grant Agreement, or at the close-out of the grant. Each request for reimbursement
which contains evidence of grant approved expenditures will be reimbursed at up to 60% of the documented
expenditures, but in no case will the reimbursement of expenses exceed the grant award. SHPO may retain up to
20% of the awarded grant funds until the tangible grant outcome is achieved/produced. The Grant Agreement
will stipulate the last date on which a request for reimbursement of grant expenses can be submitted.
Administrative Requirements:
As part of the grant application (see Attachment 4), the CLG’s authorized representative certifies that administrative
requirements have or will be met, ensuring that the CLG:
• Has complied with all requirements of Delaware’s CLG Program including timely submittal of their annual report
outlining CLG commission actions and activities for the prior year;
• Has a satisfactory record of integrity, judgment, and performance especially related to performance of grants and
contracts;
• Has adequate financial resources for performance, as well as the necessary experience, technical qualifications,
and facilities;
• Has an adequate accounting system and auditing procedures to provide effective accountability and control of
property, funds and assets sufficient to meet federal audit requirements;
• Agrees to abide by applicable Federal regulations in the expenditure of Federal funds and performance under this
program (2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements For
Federal Awards) and the National Park Service’s HPF Grants Manual;
• Has financial and compliance audits in accordance with the Single Audit Act Amendments of 1996, and OMB-
Circular A-133, and submission of the audit report which covers the period of the grant to the SHPO Grant
Manager;
• Has conformed with federal debarment requirements as well as statutes relating to non-discrimination; and
• Has complied with provisions of the Hatch Act which limits political activities of employees whose principal
employment responsibilities are funded in whole or in part with federal funds.
ELIGIBLE GRANT ACTIVITIES
Several broad categories of projects have been approved for CLG grant funding. Within these categories, the CLG
may choose specific activities which align with their local needs. If uncertain as to whether a proposed project might
qualify for grant funding, applicants should discuss their proposals with the SHPO Grant Manager prior to submittal.
For collaborative projects, prior notification of the SHPO Grant Manager is required. The allowable grant activities
and the requirements related to each are outlined below.
3 54
Página 55
Item 7.
Historic Property Surveys:
• An historic property survey project should reflect a defined area, and may be conducted at either identification
or evaluation level.
• Identification surveys identify and gather data on a community’s historic resources. They require the preparation
of standard survey forms, maps and a report. Evaluation surveys build on the identification survey by developing
contexts under which the significance of properties can be determined. The final report also specifies the
boundary of any property or area which has been determined to have adequate significance and integrity to be
eligible for listing in the National Register of Historic Places, as well as all contributing buildings/structures.
• For areas surveyed more than 20 years ago, the CLG may conduct update surveys. Such surveys must produce
Delaware Cultural Resource Survey (CRS) forms, maps and photographs which conform to current standards.
• All survey projects must produce a survey report which meets the applicable federal standards and state guidance
contained in the SHPO’s guidelines, “Architectural Surveys in Delaware” (Feb. 2015), including forms and
photographs. CRS forms are submitted online through the Cultural and Historical Resource Information System.
Photographs should be in original TIFF, or first-generation JPEG converted to TIFF.
• The application’s project narrative must indicate the type of survey (identification, evaluation or update); a
written description as well as a map of the area to be surveyed; and the estimated acreage and number of properties
within the survey area. Final reports must indicate the total number of acres actually surveyed (this data is reported
annually to the National Park Service).
• Draft and Final survey reports, which are in compliance with the SHPO’s guidelines, “Architectural Surveys in
Delaware” (Feb. 2015), are submitted to the assigned SHPO Reviewer and the SHPO Grant Manager in digital
format for review, in accordance with the schedule listed in the Grant Agreement.
• Historic Property Survey projects require oversight by a Principal Investigator (PI) who meets the professional
qualification standards contained in 36 CFR 61. If the PI for this project is a staff member or intern employed by
the CLG (or a partnering/third party entity, if applicable), then their resume should be attached to the application.
If the CLG will hire a consultant to carry out this project, then the resume of the PI should be provided to the
SHPO Grant Manager when the consultant or entity has been determined. The PI should contact the SHPO
Historic Property Research Center Manager prior to initiating any survey project in order to review the existing
information on file and assess requirements.
National Register Nominations or Amendments:
• A National Register project consists of preparing a National Register nomination for an individual property, or
historic district, or amending or providing significant additional information for a district or property already
listed in the National Register. Completing or updating CRS forms is also required if the property was not
previously surveyed or existing survey data does not meet current standards.
• The name of the property/properties to be nominated or updated need not be known at the time of application,
but the CLG is encouraged to consider a range of property types, including those currently underrepresented in
the National Register and/or identified as a priority in the current Delaware State Historic Preservation Plan.
• Within a timeframe defined in the Grant Agreement, the CLG must provide the SHPO National Register
Coordinator with a list of properties being considered for nomination. A CLG representative would then arrange
a site visit with the National Register Coordinator, nomination authors, and the property owner to determine the
property’s potential for nomination and research criteria that would likely be required to support the nomination.
• Within a timeframe defined in the Grant Agreement, the CLG should provide the National Register Coordinator
with an outline that includes but is not limited to: name of property; likely period of significance; applicable
National Register criterion, area(s) and level of significance; brief description of the property’s integrity;
proposed areas of research (including consideration of archaeological resources, if applicable); anticipated
number of contributing and non-contributing properties; proposed boundary; property owner’s name and address;
name of nomination author(s); and the proposed schedule for completion of the nomination.
• The CLG must allow adequate time in the schedule for the National Register Coordinator to review and comment
on drafts of the text of the nomination and for the author(s) to address such comments prior to submittal of the
final draft.
• Final drafts of nominations are to be submitted electronically by the end of the grant period. The National Register
Coordinator will provide guidance as to the requirements for the submittal. In general, such submittals will
include: the nomination form in Word format with all fields completed but editable; individual, unaltered TIFF
photographs with labels and a photo key; a USGS topographical map showing the location of the property/historic
district; a site map showing the nominated boundary (including coordinates) and the location of contributing/non-
4 55
Página 56
Item 7.
contributing properties; other supporting documentation as needed, a list of figures, and other information as may
be specified by the National Register Coordinator.
• The final draft submittal must also include the names and addresses of property owners, to allow formal
notifications required by federal and state rules. The CLG is responsible for providing the property owners with
a copy of the draft and final draft nominations for their review and comment, prior to public presentations.
• The CLG is responsible for obtaining approvals of its local commission, and for preparing and presenting a
PowerPoint presentation before the State Review Board for Historic Preservation. This may take place outside
the grant period, but whenever feasible the schedule should allow for the nomination to be heard by the local
commission and State Review Board within the same federal fiscal year. The CLG must inform the National
Register Coordinator and the SHPO Grant Manager if the local commission requires changes to the nomination
after it has been approved by SHPO, and provide a revised copy of the final nomination. The CLG and SHPO
will coordinate on addressing any changes recommended by the State Review Board.
• National Register projects usually require oversight by a Principal Investigator (PI) who meets the professional
qualification standards contained in 36 CFR 61. If the PI for this project is a staff member or intern employed by
the CLG (or a partnering/third party entity, if applicable), then their resume should be attached to the application.
If the CLG will hire a consultant to carry out this project, then the resume of the PI should be provided to the
SHPO Grant Manager when the consultant or entity has been determined. If students are assisting with
nomination research and contributing to the writing of a nomination, their name and that of their faculty advisor
should be submitted as soon as that information is known. The PI should update the National Register
Coordinator on their progress in completing the nomination on a monthly basis.
Preservation Planning Assistance:
• A planning report may address any preservation related topic which is of concern to the CLG. Some examples of
planning projects are: preparation or update of the historic preservation component (including defining areas of
archaeological potential) of a municipal or county comprehensive plan; development of an historic context;
development of or revisions to an historic zoning ordinance; or assessment to expand a local zoning or National
Register historic district.
• Planning projects must produce a report or draft document which meets applicable Standards. In the application,
the project narrative should indicate the type of planning document to be produced; the geographic area of impact;
for contexts, the theme, time period and geographic zone; and if the project will produce a new or a revised
document. SHPO will assign a staff member to perform an initial review and provide comments on planning
reports. Final reports must be submitted to the SHPO Grant Manager prior to the end date of the grant period in
electronic form.
• Preservation Planning projects generally require oversight by a Principal Investigator (PI) who meets the
professional qualification standards contained in 36 CFR 61. If the PI for this project is a staff member or intern
employed by the CLG (or a partnering/third party entity, if applicable), then their resume should be attached to
the application. If the CLG will hire a consultant to carry out this project, then the resume of the PI should be
provided to the SHPO Grant Manager when the consultant or entity has been determined.
Outreach to Public on Preservation Issues:
• Outreach projects may include, but are not limited to: technical or informational workshops or seminars (in-
person or virtual); brochures addressing issues such as design review guidelines, local zoning laws, driving or
walking tours; or web pages on the aforementioned topics.
• The CLG is encouraged to discuss specific public outreach proposals with the SHPO Grant Manager in advance
of applying to ensure that the topic is eligible for grant funding. In the application, the following questions should
be answered, as appropriate.
• Who is the intended audience for the project and why is that constituency targeted?
• If a program/workshop/conference is proposed, how many people are expected to attend? [In-person
programs must be held at handicapped accessible locations and should be free. If a fee is to be charged,
it should be limited to only direct costs that are not reimbursable by the grant, e.g. for covering meals.
For virtual programs, please indicate the anticipated platform to be used.]
• What form will the publication take? How will it be disseminated? If printed materials are an element of
a project, how many copies will be produced? [Examples of published materials include: web pages,
GIS-based story maps, brochures, pamphlets, monographs, reports, videos or PowerPoint presentations.
5 56
Página 57
Item 7.
The number of copies of printed materials should be adequate to disseminate the information it contains
to the intended audience. Published material must be distributed without charge.]
• Project oversight by a consultant, partnering entity, or a staff member who meets the professional qualification
standards may or may not be required, depending on the nature of the outreach. If professional assistance is part
of the project, the application should indicate this. Public Outreach projects also often involve volunteers. Please
see the section below on Allowable Costs for CLG Grant - Donated Time for further information on how
volunteer time is compensated.
Training for Commission Members or CLG Staff:
• CLGs may seek grant funding to provide commission members and commission staff with training which assists
them in fulfillment of their responsibilities or furthers their knowledge of preservation issues. NOTE: Advance
approval from the SHPO Grant Manager for attendance at each training/workshop is required. Such approval
may be obtained when the grant is initiated or may be requested during the grant period. If such approval is not
obtained prior to the workshop/training event, costs related to it will not be reimbursed.
• In the CLG grant application, include the following information:
o the name of the workshop/training and the organization that is providing it;
o whether the workshop/training will occur in-person, virtually or be taken online
o the anticipated date(s) of the workshop/training
o if in-person, the location and mode of travel
o who will attend/participate, and how it will benefit those attending.
• On-line training courses and/or participation in virtual conferences: costs of course fees and conference
registration may be covered with grant funds.
• In-person travel: Cost of basic registration (no tours unless directly related to training), transportation, and
lodging may be covered by grant funds. Restrictions may apply.
• Contracting with the National Alliance for Preservation Commissions (NAPC) to provide its Commission
Assistance and Mentoring Program (CAMP) is an allowable project under this category.
Support for 36 CFR 61 Qualified Staff or Intern:
• The resume of the 36CFR qualified staff person or consultant to be supported in whole or in part by grant funding
must be attached to the grant application.
• Staff that will be supported by grant funds must carry out projects which fit the approved categories above, and/
or administrative/technical assistance to the CLG as described in the list of activities below. The application
must define the proposed projects, state the categories of technical assistance that will be included in the grant
and the estimated number of cases in each category. Approved technical assistance activities are:
o To administer the grant project, including all required reports;
o To provide information on state or local preservation plan goals and priorities to the public and those within
their governmental agency;
o To educate themselves, those within their agency, and their boards and commissions regarding historic
preservation issues;
o To explain the goals and objectives in the State Historic Preservation Plan to those within their governmental
agency and the public;
o To provide information to their agency regarding preservation goals to include in local land use/agency plans;
o To distribute information regarding federal or state historic preservation tax incentives or other federal
programs which might meet constituent’s needs;
o To assist the public by determining whether their property is potentially eligible for listing in the National
Register of Historic Places;
o To explain survey or National Register work and train interns to carry out such work;
o To review or advise their agency’s officials and the public on historic preservation rehabilitation standards;
o To make determinations of eligibility and identifying projects that may affect archaeological resources or
National Register-eligible historic properties within their jurisdiction, and advise project managers on ways
to avoid or minimize effects;
o To review demolition permits and land use changes for their impact on historic properties; and
o To assist those within their governmental agency and federal agencies with whom they interact in regard to
compliance with Section 106 of the National Historic Preservation Act, including development of
Programmatic Agreements. [Note: Costs associated with mitigation activities performed as a condition or
pre-condition of obtaining a federal permit or funding by other federal programs are not allowable.]
6 57
Página 58
Item 7.
ALLOWABLE COSTS FOR CLG GRANTS
The list below includes most types of allowable costs associated with CLG grants. Note that a number of cost
categories require advance discussion with the SHPO Grant Manager. Any proposed cost not indicated in this list
should also first be discussed with the SHPO Grant Manager.
1. Advertising – If the advertising is directly related to project activities, and includes required disclaimers.
2. Books – If directly related to project objectives and after prior approval by the SHPO Grant Manager.
3. Personnel Compensation (including wages, salaries and fringe benefits) – These may be paid from the
grant or may be matching share as long as the personnel are directly involved with grant activities or
administrative or fiscal oversight. In addition to salary, employer’s contributions or expenses for social
security, employee’s life and health insurance plans, unemployment insurance coverage, workmen’s
compensation insurance, and pension plans are allowable provided such benefits are granted under approved
plans and are distributed equitably. Note that benefits in the form of regular compensation paid to employees
during periods of authorized absences from the job, such as for annual leave, sick leave, court leave, military
leave, and the like, are allowable only if the cost is equitably allocated.
4. Capital Expenditures (Costs Over $500) – Requires prior approval from SHPO Grant Manager.
5. Donated Time – Volunteer time may be used as a part of the matching share if it is integral and necessary
to the project. The application should indicate the estimated number of hours and the hourly rate claimed for
each volunteer. Rates claimed for volunteer services within their area of professional expertise (e.g. lawyer’s
performing legal services) must be consistent with rates paid for similar work in State government, up to a
maximum of $50 (Contact SHPO Grant Manager to discuss rates). For all others, the Delaware minimum
wage rate must be used.
6. Exhibits – If the exhibit is temporary and the topic is related to grant objectives.
7. Indirect Costs – If developed in accordance with applicable indirect cost principles and based on a current
provisional rate awarded by a federal agency in accordance with an approved cost allocation plan. Include a
copy of the indirect cost plan approval, and documentation of the approved rate, the time period which it
covers, and the cost categories covered by the rate. NOTE: The SHPO caps this rate at 25%. The cap on
overhead was advised by the NPS, to ensure that total administrative costs for the entire HPF grant (SHPO
funds and those allocated to CLGs) do not exceed the 25% limit defined by the National Historic Preservation
Act, the enabling legislation of the HPF grant program.
8. Materials and Specialized Supplies – If these supplies are directly related to project goals; general
stationery and office supplies are excluded.
9. Mileage – reimbursable only up to the approved state mileage rate (currently $ .40 per mile). This may be an
approved cost either for travel (such as to conferences) or for transportation costs incurred for carrying out
other program activities (such as survey). Discuss with the SHPO Grant Manager.
10. Postage and Shipping – If directly related to project objectives.
11. Printing and Reproduction – If directly related to project objectives (includes photo reproduction and
duplication, and photocopying).
12. Professional and Consultant Services – Procurement of services is to be conducted in a manner that
provides open and free competition (Discuss with SHPO Grant Manager). The maximum rate of pay may
not exceed 120% of a Federal Civil Service GS-15 Step 10 salary (currently $87.93 per hour), divided by
2087 hours (see US Office of Personnel Management webpage).
13. Registration – For attendance at conferences/workshops (basic registration only – no special tours unless
directly related to HPF program areas) and online participation in virtual conferences/workshops (SHPO
Grant Manager must approve attendance in advance).
14. Travel – Costs of transportation to and from the conference at the state approved mileage rate between the
attendee’s home or office and the conference location. Public transportation is reimbursed at cost when
receipts are provided. Lodging at the federal per diem rate is also allowed. Other restrictions may apply
(contact the SHPO Grant Manager).
7 58
Página 59
Item 7.
GRANT APPLICATION PACKET INSTRUCTIONS
The Authorized Representative for each CLG will be notified annually of grant availability. This notification will
indicate the tentative award amount and the due date for grant applications which varies annually (dependent on
passage of the federal budget and notice of the funding opportunity). No late submissions will be accepted without
prior approval. Any excess grant funds will be re-assigned in accordance with the criteria outlined above.
Please email grant applications to: gwen.davis@delaware.gov.
If the application must be sent by US mail, please notify the SHPO Grant Manager at the above email address, first.
Upon receipt, applications will be reviewed to determine if they meet the requirements outlined in these guidelines.
The CLG’s Project Coordinator listed on the application cover form will be contacted if there are any questions
regarding the proposed project.
The CLG grant application packet consists of four main sections. Attach any supplementary materials required to
support the project as outlined in the Eligible Grant Activities section above.
1. CLG Grant Application Packet Cover Form (Attachment 1 form): Indicate the name of the project, the
project contacts, and provide a short description of the project.
2. Project Narrative (Attachment 2 form): A detailed description of the project, limited to no more than three
typed pages, and addressing all of the questions outlined below for each project activity to be included as
part of the project:
What: What will be achieved as a result of the project? All projects must result in some tangible
outcome/product. [See the Eligible Grant Activities section for further guidance.]
Where: Where is the geographic area that will be impacted by the project? [Provide a map, as needed.]
Why: Why is the proposed activity important to your community? Indicate benefit to historic
preservation in your community that would result from the project. Indicate the objectives in
Delaware’s State Historic Preservation Plan that would be met by the project.
How: How will the activity be undertaken? Indicate the methods to be employed to achieve your
objectives.
Who: Who will be involved in the project? Provide the names and/or titles of all personnel who are to be
involved in the project indicating their role. For known project personnel who will serve as a
Principal Investigator, provide their resume. NOTE: If the project will be administered by a
third party (e.g., an educational institution), the application must clearly state that the CLG
is delegating administration of the grant to that third party.
When: Indicate the schedule for completing project work. If there are specific events, when will they
happen? If there are reports, when will they be completed?
3. Project Budget (Attachments 3 and 3A forms, or equivalent): The project budget information must
indicate all costs associated with the project, as well as information related to the donor, source, kind, and
amount of non-federal (matching) funds for the project. Please refer to the above guidance on Allowable
Costs for CLG Grants, and see Attachment 3A for guidance on defining applicant match that may be
contributed by the applicant or a third party. Applicants may use Attachments 3 and 3A to provide the budget
information, or use their own project budget forms as long as they contain equivalent information.
4. Statement of Assurances for CLG Grants (Attachment 4 form): Certification that the CLG is in
compliance with the administrative requirements of the grant program. It must be signed by the chief elected
official/authorized representative of the CLG.
8 59
Página 60
Item 7.
The activities funded under the CLG grant program are financed in part with federal funds from the National Park Service, U.S. Department of the
Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior. Under Title VI of the
Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department
of the Interior prohibits discrimination or age in its federally assisted programs. If you believe you have been discriminated against in any program,
activity funded by this Program, or if you desire further information, please write to: Office of Equal Opportunity, National Park Service, 1849 C
Street, N.W., Washington, D.C. 20240.
Rev. 2023
9 60
Página 61
Item 7.
Project Narrative FFY2019
Addendum to Design Standards & Guidelines for the City of Dover Historic District Zone: Modern
Materials & Technologies
The City of Dover is proposing a preservation planning project to evaluate and update portions of the
Design Standards & Guidelines for the City of Dover Historic District Zone document. The result of
the project will be a Draft Addendum document focusing on modern and technological advancements
in materials and construction activities of items discussed in the Design Standards & Guidelines.
The current Design Standards & Guidelines for the City of Dover Historic District Zone document
was created1 and adopted in 1992-1993 with the formal establishment of the City’s Historic District
Commission (HDC) by ordinance adopted July 26, 1993. The ordinances of the City of Dover allow
for the designation and protection of historic properties. The purpose of Historic District regulations
is:
“to preserve and enhance that unique character and value of the old portion of Dover as an area of
G A
special charm and interest. It is particularly intended that the regulations prevent, in the historic district,
any change of conditions that would be deemed to be a disfigurement or degradation of the present
unique visual and architectural qualities of the district.” (Zoning Ordinance, Article 3, Section 21)
r M
The geographic boundaries of the Historic District (H) zone are established as a zoning
N a
classification. The original boundaries of the Historic District established in 1961 were generally
n P
described as extending from just north of Division Street south to South Street inclusive of the
ar t
properties fronting on South State Street and The Green then east to the St. Jones River. In 1997, the
boundaries of the Historic District Zone were expanded to include properties fronting on West
L
Loockerman Street from Bradford Street to the railroad corridor and areas in the vicinity of South
ra Pr E
Governors Avenue, South Bradford Street, North Street, and Bank Lane. The areas of expansion
included many commercial and residential properties listed in the National Register of Historic
Places as part of the Victorian Dover Historic District. See attached Map of City of Dover Historic
EX
District showing the current boundaries (shaded in orange).
tiv oj
As a preservation and redevelopment tool, the Design Standards and Guidelines provide guidance
for property owners, design professionals, staff and the Historic District Commission (and Planning
e ec
Commission). The “historic district design guidelines and standards” are defined by the Zoning
Ordinance as follows:
“Historic district design guidelines and standards: The document adopted by the City of Dover
t
Planning Commission as being the source reference document for construction and maintenance of
buildings, structures, and additions with the Dover Historic District and which is the guiding document
for the historic district commission and city planner in their review of applications for architectural
review certification.”
Therefore, it is utilized as a guiding document in the decision making process of reviewing of
construction activities in the Historic District zone for issuance of Architectural Review
Certification (Zoning Ordinance, Article 10 Section 3). Applications for Architectural Review
Certification are reviewed by the City Planner (Staff), the Historic District Commission, and
Planning Commission. See the following code excerpt regarding the architectural review standards.
1
The current document Design Standards and Guidelines for the City of Dover Historic District Zone was prepared in
1992 by John Milner Associates Inc. with funding by a grant from the National Park Service, U.S. Department of the
Interior and administered by the State Historic Preservation Office. City Planning Staff, the State Historic Preservation
Office, the Friends of Old Dover, Main Street Dover, and other interested parties participated in the development of
the document. 61
Página 62
Item 7.
Zoning Ordinance, Article 10 Section 3.25 Architectural review standards.
(A) An architectural review certificate may be issued if it is found that the architectural style,
general design, height, bulk and setbacks, arrangement, location and materials and
structures affecting the exterior appearance are generally in harmony with neighboring
structures and complementary to the traditional architectural standards of the historic
district as set forth in the historic district design guidelines and standards adopted by the
planning commission and as set forth in the United States Secretary of the Interior's
Standards for Rehabilitation.
(B) The city planner, historic district commission or planning commission shall not consider
normal maintenance and repair (see definitions, article 12), interior arrangement, or
building features not subject to public view.
The Zoning Ordinance references the Design Standards & Guidelines when establishing the
Architectural Review Certification process for the City of Dover’s Historic District zone (H). An
Architectural Review Certificate is required for a demolition, erection, reconstruction, alternation,
restoration or exterior repairs on properties within the Historic District. Most projects within the
Historic District are eligible for administrative review of the Architectural Review Certificate as
part of the Building Permit process for such projects as signs, roof and door or window
G A
replacement, and exterior finish/siding/trim work renovations. Project activities only involving
interior renovations are not subject to the Architectural Review Certification process. For example,
r M
in calendar year 2018, a total of forty-seven (47) applications (permit activity in the Historic
a
District) were reviewed under this process with 38 Permits requiring Architectural Review
N
Certification and 9 Permits not requiring Architectural Review Certification. 2
ar t n P
Historic Preservation Planning is part of a comprehensive approach to land use planning in the City
of Dover. In Dover’s current plan, the 2008 Comprehensive Plan (as amended) this information is
L
presented in Chapter 6 - Historic Preservation and associated Map 6-1. The 2008 Comprehensive
ra Pr E
Plan includes sets forth goals and a series of recommendations for each goal. The Historic
Preservation Goals are as follows:
EX
tiv oj
Goal 1: Preserve and Protect Historic Resources
Historic Goal 2: Provide and Promote Incentives for Preservation Activities
Preservation Goal 3: Increase Public Information on Historic Resources
Goal 4: Collaborate with Diverse Groups and Governments
e ec
2008 Comprehensive Plan, excerpt from Table 1-1: Plan Chapter Goals
To achieve Goal 1, one of the adopted Recommendations was the Evaluation of Design Standards
t
and Guidelines since the original document was adopted in the early 90s. The recommendation also
suggested consideration of the standards and guidelines for the levels of protection for The Green
and the Loockerman Street areas.
For this project for an Addendum to the Design Standards & Guidelines, the City of Dover will
seek to hire a consultant through a Request for Professional Services process to assist the Historic
District Commission and Planning Staff with the project. The consultant will be required to have a
Principal Investigator (PI) who meets the professional qualification standards in 36 CFR 61. Also
involved in the project, the Historic District Commission consists of five (5) appointed members
and the Planning Commission3 consists of nine (9) appointed members. The Planning Staff serves
as staff support to the Historic District Commission and will manage the activities of this project.
2
The volume of Permit Activity in the Historic District over the past five years has averaged 52 applications a year with
a majority of them eligible for Architectural Review Certification review by Staff.
3
The Planning Commission, per the Zoning Ordinance, Article 10 Section 3.25(A), is involved in the formal adoption
process for the Historic District guidelines. 62
Página 63
Item 7.
With the project, we hope to create an Addendum to the Design Standards & Guidelines that
focuses on the modern and technological advancements in materials and construction activities. In
recent years, the use and role of alternative and composite materials in construction has increased
with options for wood composites, PVC/vinyl products, and others. In addition, features like solar
panels and other conservation related measures have become more common place. This Addendum
will focus on these types of materials and items as associated with the practices for maintenance,
preservation and construction activities within the Historic District. Components of the Addendum
document will continue to provide guidelines for treatment of historic properties and features
focusing on maintenance, repair, alternations, and preservation or restoration of existing buildings;
guidelines for new construction activities (additions and new buildings), guidelines for demolition
activities; guidelines for landscaping and site elements, and guidelines for signage. The document is
to be consistent with the Secretary of Interior Standards for Treatment of Historic Properties
(Rehabilitation Standards and Guidelines).
The project will consist of a series of phases: Planning, Public Outreach, Guidelines Revision and
G A
Refinement, and Preparation of Draft Addendum Document. The following chart outlines the
anticipated activities of the project.
r M
Timeframe Project Phase Activities and Products
N a
September 2019 Consultant Services Develop RFP and release.
Select Consultant
n P
September – October 2019
ed Planning Meetings with Consultant,
ar t
vis Staff and HDC to outline
L
Re general project approach,
goals and format for
ra Pr E
be
Addendum guidelines,
to determine public input
strategy.
EX ule
tiv oj
November 2019 – January Public Outreach Analysis of guidelines.
2020
ed Conduct focus
ch groups/stakeholder meetings
e ec
eS and a Public Workshop.
January 2020 – April 2020
am Guidelines Revision & Prepare example page format
Refinement (text and photographs).
Tim
t
Meetings with Staff and HDC
efr to present drafts. Review of
multiple Drafts by Staff, HDC.
May 2020 – June 2020 Preparation of Draft Conduct Public Workshop on
Addendum Document Draft. Review of Draft by
State Historic Preservation
Office.
The specific scope of work, tasks, and deliverables by the consultant will be further refined with
Planning Staff. Electronic copies of documents are anticipated for use at meetings and posting on
the City’s website for review. Subject to the selection of the consultant, the Project’s work
timeframe is expected to be September 2019 through June 2020 with the formal review process to
adopt the Draft Addendum Document to follow in Summer 2020 with the Historic District
Commission and Planning Commission.
63