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.. CITY OF DOVER
HISTORIC DISTRICT COMMISSION
March 24, 2022
The Meeting of the City of Dover Historic District Commission was held on Thursday, March 24,
2022, at 3:30 PM in person and virtually using the videoconferencing system WebEx with
Chairman Czerwinski presiding Members present were Mr. Street (virtually via WebEx), Ms.
Horsey, and Mrs. Mason (Note: The fifth Historic District Commission member has not been
appointed following the completion of the term of Mr. McDaniel in 2020).
Planning Office Staff members present were Mrs. Melson-Williams, Mrs. Savage-Purnell, Mrs.
Bulkilvish and Mr. Swierczek.
APPROVAL OF AGENDA
Ms. Horsey moved for approval of the agenda as amended, seconded by Ms. Mason and the motion
was unanimously carried 4-0.
ADOPTION OF MINUTES OF THE REGULAR HISTORIC DISTRICT COMMISSION
MEETING OF JANUARY 20, 2022
Mr. Street moved for approval of the Meeting Minutes of January 20, 2022, seconded by Ms.
Horsey and the motion was unanimously carried 4-0.
Roll Call Vote
• Ms. Horsey -Yes
• Ms. Mason - Yes
• Mr. Street – Yes
• Mr. Czerwinski - Yes
COMMUNICATIONS & REPORTS
Summary of Applications for 2021 and 2022
Mrs. Melson-Williams stated that in 2021 there were six (6) items. For the 2021 year, there were
six applications filed to the Historic District Commission. Most of them were a number of
Permits referred to the Commission for Architectural Review Certification. In 2022, the Historic
District Commission will consider its second application of the year today.
Summary of Architectural Review Certifications for 2022
Mrs. Melson-Williams stated that in 2022 through February, there have been a total of four (4)
building related Permit applications in the Historic District. One of the four (1) involved a site
drainage permit at The People’s Church located at 46 S. Bradford Street. There were two (2)
interior permits and one (1) fence permit. Two of the permits were considered by the Commission
and two were handled by Staff.
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Department of Planning & Inspections Update
Mrs. Melson-Williams mentioned that the Rental Dwelling and Public Occupancies Permits are
currently in the penalty phase. She mentioned a thank you to all of the City Departments that were
involved and continue to be involved in the fire on 235-239 W. Loockerman Street. The fire
incident continues to be under investigation with the City’s Office of the Fire Marshal Office,
Dover Police Department, the State Fire Marshals and other agencies.
The City of Dover is in the process of the water system flushing. Please check with the Public
Works Department if you have any questions.
She continues to be the Interim City Planner and Mr. Dave Hugg has been selected as the City
Manager. The Director position has been posted as well as other job openings.
NEW APPLICATION
HI-22-02/Z-22-01 Lands of the State of Delaware at South Governors Avenue and West Water
Street - Public Hearing and Review for Recommendation to City Council of a Rezoning
Application to adjust the boundary of the H (Historic District Zone) to include a series of six (6)
parcels consisting of a total of 1.74 +/- acres and an alley as the balance of the lands for the new
Kent County Family Courthouse project site. The properties are zoned IO (Institutional and Office
Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The proposed zoning
is IO (Institutional and Office Zone), subject to the SWPOZ (Source Water Protection Overlay
Zone), and subject to the H (Historic District Zone). The properties are located on the east side of
South Governors Avenue between West Water Street and Bank Lane. The owner of record is the
State of Delaware. Property Addresses: 411 S. Governors Avenue, 429 S. Governors Avenue, 435
S. Governors Avenue, 439 S. Governors Avenue/117 West Water Street, 441 S. Governors
Avenue, and 447 S. Governors Avenue. Tax Parcels: ED-05-077.09-03-37.00-000, ED-05-077.09-
03-48.00-000, ED-05-077.09-03-50.00-000, ED-05-077.09-03-51.00-000, ED-05-077.09-03-
52.00-000, ED-05-077.09-03-61.00-000, and an alley. Ordinance #2022-02. Council District
4. (Planning References: Z-22-01 and HI-22-02) First Reading was held by City Council on
February 28, 2022, where the Public Hearing dates were set for Planning Commission on March
21, 2022, Historic District Commission on March 24, 2022, and City Council on April 11, 2022.
Mrs. Melson-Williams gave a summary of Application HI-22-02/Z-22-01. The applicant is
requesting a Rezoning Application to adjust the boundary of the H (Historic District Zone) to
include a series of six (6) parcels consisting of a total of 1.74 +/- acres and an alley as the balance
of the lands for the new Kent County Family Courthouse project site.
Ms. Mason member of the Historic District Commission will be unable to participate in the
Commission deliberation on this Application as she is a property owner within 200-feet of this
Application. As part of the By-laws of the Historic District Commission that is deemed a conflict
of interest.
The information that was provided to the Planning Commission started with a DAC (Development
Advisory Committee) Report that was also provided to the Historic District Commission. In
addition, there is an Addendum to that Report that focuses more on historic property information
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for the subject area. These properties do include three (3) buildings that currently exist on the
property. From historic property history, there were other buildings previously on the site. The
review of historic maps show that they were predominantly residential in nature. Over time perhaps
a dozen or more buildings were in this area at one point dating from the 1800’s through the 20th
century. The area is a part of the National Register of Historic Places listing for the Dover Green
Historic District. The nomination was written in the 1970’s and amended in 1979 and 1984. Its
inventory included a number of buildings in this subject area. Some of them were deemed non-
contributing meaning they were much more modern features on the landscape such as what was
the location of the Dover Laundry and Dry Cleansers location and other more modern residential
buildings in that area. Three buildings remain today as previously mentioned and perhaps only one
of them of the surviving dates to the 19th century. It has some integrity issues due to renovations
and expansions over the years. This is a little unique for the Historic District Commission, but the
Zoning Ordinance includes the provisions for how you expand the boundaries of the historic
district or add additional areas to the Historic District. The Historic District Zone has a very
specific purpose statement that was read into the record. It is found in Zoning Ordinance, Article
3 Section 21. “The purpose of this historic district regulation is to preserve and enhance that
unique character and value of the old portion of Dover as an area of 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.”
The provisions of the Zoning Ordinance go on to detail the process for the Historic District
amendments and the review criteria for adding things to the Historic District. This project
request specifically focuses on the following review criteria: the desire of the owner to have
the property designated; the potential increase in economic and/or community development in
the area; and specific to the Historic District that identifiable and clear distinctive boundaries
are established. Once a property is within the Historic District it becomes the subject of Design
Standards and Guidelines for any development activities and/or renovations to existing
structures or demolition of existing structures.
Staff provided a recommendation regarding the request for Rezoning. Staff is recommending
that the Rezoning be granted to include the property in the Historic District Zone making
reference to the City’s 2019 Comprehensive Plan for the goals for Historic Preservation
allowing designation of historic districts to maintain community character. In addition, the
Comprehensive Plan’s goals for the Mixed-Use Land Use Classification in Dover’s historic core
focus on recognition of its historic development patterns and the opportunities for redevelopment
and revitalization with a variety of residential, commercial, office, cultural and institutional uses
typically found in Downtown areas.
The property owner is indeed seeking the designation and it has been identified as the project site
for a new Family Court (Courthouse). By changing the boundaries of the Historic District, it will
provide a clear and more distinctive boundary as it will follow the street lines of Governors and
Water Street in that area. Planning Staff has recommended approval. The Planning Commission
did consider the Rezoning on Monday, March 21, 2022. They put forth a Recommendation of
approval for the Rezoning. Their Recommendation will also go to City Council and the action of
the Historic District Commission will also go to City Council.
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Ms. Horsey asked if the creation of the expansion of this project into the Historic District
Commission would put more of a burden of approval for the demolition of the three (3) buildings
there today. Mrs. Melson-Williams replied that the Planning Office has already received the
Demolition Permit for these three buildings that are in the review process. It is anticipated that
the review will be complete prior to the Rezoning being fully actioned. The applicant has a
vested right already under the current zoning to demolish the properties without having to appear
before the Historic District Commission to do so. The demolition may actually end up occurring
after the designation due to the bid process and the mobilization to do so. It has been clear from
the beginning that they anticipated demolition of these buildings prior to any kind of
commencement of activities for construction. New construction on the property would be subject
to it being in the Historic District Zone.
Ms. Horsey asked for clarification if the demolition is allowed before the designation of the
zoning, would that come back before the Historic District Commission for the demolition? Mrs.
Melson-Williams replied that the demolition would not.
Mr. Czerwinski asked what the difference was between expanding the Historic District
Commission to accommodate a new building versus removing that same block out of the
Historic District Commission altogether because of a new building? Mrs. Melson-Williams
replied the removal of something from the Historic District would also have to follow the same
process. Staff advised the applicant that including this area into the Historic District provides
greater protection for the other adjacent areas of the Historic District which includes The Green
and the properties fronting on South State Street. If you look in the Design Standards and
Guidelines this area is The Green Context that envisions there might be larger scales of
redevelopment in the area. Larger scale redevelopment carries with it some increased scrutiny if
it is within the Historic District. With only part of the site being in and part of the site being out,
it makes it complicated to say the least. Where half of the building is in the District, it would be
subject to the Guidelines and half out it is not. It meets the philosophy of the intent of the Code
that even though it is bringing the land mass into the District, there is still the ability of dealing
with questions of the character and impact to the broader district even in practice of new
construction.
Representatives: Elio Battista, Parkowski Guerke and Swayze PA; Michael Newell, Chief
Judge of Family Court of the State of Delaware; William J. Lenihan, Tevebaugh Architecture
Mr. Battista mentioned that the City gave an explanation of the Historic District as mentioned by
Mrs. Melson-Williams. Simply put from a legal perspective when we were looking at the project,
half of the project is located in the Historic District and the other half is not; and it eliminates a
lot of headaches. His perspective is if it is one governing agency, we all know the rules that we
will be dealing with and the requirements. He introduced the project team.
Mr. Newell introduced four (4) of the six Judicial Officers (Commissioner David Jones, Givens,
Lanbury, Judge Mardi Pyott, who served Kent County in the Dover Family Court). He also
introduced Eleanor Torres who serves on the Administrative Staff and has been critical to this
project. We are here regarding the Kent County Family Courthouse. This dates back as far as
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2006 to the present time. The “Southern Court Facilities Space Study” that was commissioned to
look at both facilities in Sussex and Kent County. The Kent County Family Courthouse received
the second to the lowest rating (court facilities in the southern part of Delaware) and was
rendered 16 years ago back in 2006 as inadequate. We have had subsequent studies about the site
concerns about security and signs of the building. In 2012, U.S. Marshals served the federal
judiciary but were retained to do a report and sited significant security issues in the current
building. There are four or five areas of this project elements of this project that you should be
aware of (size, security, dignity, collaboration and inclusion and parking) that will be brought to
that area of the city. The current building was built in 1989. It was built when the second Chief
Judge of Family Court Robert Thompson was in that position. I worked with him for five (5)
years. The current building is only 35,000 square feet of space. We are utilizing every inch of
that space as we exist today. The projection for the new building is 105,000 square feet of space.
The average court room size in the current building is 600 square feet which is way below the
current standards for a court room in today’s age. The security issue that exists today is the court
room size. It does not provide adequate space for the litigants in the court room. We hear cases
that such as domestic violence and perpetrator and we are only 10-feet away from each other.
That is clearly not adequate for modern courthouse. The building was constructed prior to
September 11, 2001 and we know what to our country; standards for municipal and courtroom
construction have changed. The current Courthouse at 400 Court Street does not provide separate
waiting rooms for confidential areas or for clients to complete paperwork. It’s called mixed
circulation; you have the public, the people that were detained, and the judges, commissioners,
and staff. The detainees take the same elevators as judges, commissioners, and staff so we had to
retrofit them with video cameras. We did have an unfortunate incident where one of our judges
was spat on by a prisoner in an elevator. The new building will fix that circulation pattern.
Currently, there is a sally port for the transfer of prisoners/ detainees; however, the modern
Department of Corrections vans do not fit in the sally port and the doors do not close. The vans
have to park in the same parking lot as the Judges and Staff; and they or you will wait to get into
the building. That presents a number of the security issues. Boxes line the floor as we don’t have
the space.
Mentioning ‘inclusion”, the new building will be sufficient to allow for offices for the
Department of Justice – the Office of Defense Services, the Office of Child Advocate. Kids
Department of Services for Youth and Families. They will have places to confidential, respectful
places to meet with litigants who we serve in daily court activities. The other thing that came up
with the Planning Commissioners was parking. We do plan to have parking on-site for
employees, litigants, and we hope to work out an agreement related to use of the parking facility
in the off hours when court business is not taking place. And finally, the issue is of “dignity,” as
our Court handles some of the most tumultuous cases and the most intimate, heart-wrenching
cases heard by our Judges and Commissioners. A dignified and safe courthouse is not a luxury
today; it is a necessity. We want this Courthouse to have a civic presence in this part of Dover
and want to be a good neighbor. The current projected cost of this building is $122 million
dollars.
Mr. Bill Lenihan of Tevebaugh Architecture as the State’s Architect on the project will now
present the more technical matters. Mr. Lenihan noted that he has seen a number of those present
as they have advanced other components of this project as the State’s acquired them, and some
present at meeting to the Downtown Dover Partnership, and presentation to the Friends of Old
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Dover. First, they are in agreement with the comments and recommendations of the
Development Advisory Committee and Planning Department. They were just here on Monday
evening for a similar presentation to the Planning Commission. This is step one of a two-step
public process as we are here for a boundary adjustment to the Historic District. And we have
filed an application to return here (to the Historic District Commission) in April to review the
Site Plan for the details of building construction for development process in the Historic District
and then the Planning Commission.
Mr. Lenihan notes on the main topics for the requirements to adjust the boundary and for
including more property into the Historic District that we agreement with the Planning
Department. Referring to the display boards, he showed the L-Shaped site pointed out the street
with Bank Lane (at the top), Governors Avenue, and Water Street on the south. The full site of
combined parcel includes the entire areas along Governors Avenue from Bank Lane to West
Water Street to rear of the properties that front on South State Street. The project site also cross
Governors Avenue to include the Box Outlet site that will become a parking lot. Referring
display screen, shows the crosshatched area with the alley on the east side and up to the Capital
Dry Cleaners site and shows that about half of the site is in the Historic District (section on
Water Street and section to the north at Bank Lane). They looking to adjust the boundary instead
of it being split-zoned; instead, they would have the full site in the Historic District. The City
placed the full combined site into the IO (Institutional and Office Zone) which allows the project
to move forward the proper zoning for the height and areas of the buildings.
Mr. Lenihan continued with describing the proposed new plan (on a second display board), the
L-shaped building (in light blue) is the new Family Court building with the main entranceway on
Governors Avenue at the intersection of Governors Avenue and Water Street. Then the parking
structure is on Governors Avenue towards the Bank Lane end of the property. An existing
alleyway from Water Street goes into the site and gives access to properties at their rear. With
the development of the Courthouse, it will be placed over the south end of the alley, but the State
is creating a new vehicular accessway for the properties fronting on South State Street and The
Green by giving them a permanent easement for two-way traffic out to Bank Lane. Bank Lane is
currently very narrow street so it will be widened to street standards for the full depth of the site.
There will also be from the easement a two way traffic way out to Governors Avenue from the
middle of the site. The intersections have been reviewed with DelDOT and the comments have
been favorable with the traffic movements and traffic counts for the project. Along Water Street,
the existing access point will remain with access to the neighboring properties and also a new
access point for the sally port for Department of Corrections vans along the middle of Water
Street. At the rear of the building, there will be a service lane with gates at either side.
Mr. Lenihan noted the economic development for the site as it will have over 130 full-time
employees in the building from the Court and various agencies and then thousands of visitors on
an annual year. Having all those people, will help make this portion of Downtown as a vibrant
place. We noted the IO zoning, and this plan is consistent with the City of Comprehensive Plan.
The boundary with also be consistent with the National Register for The Green Historic District.
Also, the Dover/Kent County Metropolitan Planning Organization Dover Transit Neighborhood
Plan recommended a gateway type development for this intersection. The Dover Historic District
Commission Guidelines also recognized large developments. We feel that this benefits the
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Historic District as this creates a buffer zone with new government structure and to help protect
The Green.
Mr. Street thanked Tevebaugh Architecture for giving the presentation again and thank you to
the Justices for taking time out of their schedules to be here today as well. He has no questions.
Mrs. Horsey also thanked them for presenting the project to the Friends of Old Dover and
answering their questions on the project.
Mr. Czerwinski asked about the function of the parking lot on the east side of the lot.
Responding Mr. Lenihan stated that the Parking Lot serves as overflow parking for the Kent
County Courthouse (on the other side of State Street) and also for the offices on the south side of
Water Street such a DNREC and other Departments. With the parking structure, the State
commissioned a Parking Study where they evaluated over a year of dockets from Family Court
on time of day and day of week when hearings were happening. They looked at displaced
parking. They also met with the City of Dover and other area groups to talk about needs for
parking. Resulting in a parking demand number and that parking demand number is greater than
the amount required by City’s zoning. They will provide total parking to meet the parking
demand number.
Mr. Czerwinski notes that they are extending the Historic District to accommodate a new
building that has no tie to the past of Dover or Kent County. His wish with the structure and the
parking structure is that the architectural details have sensitivity to the area and that the
Courthouse compliments the rest of historic Dover. It’s very easy to do something post-modern.
How do you create a parking structure to fit in with the historic architecture? These are big
structures for the area when considering State Street and the surrounding areas. He hopes that as
we move forward that we continue to practice good architectural decision-making that ties
structure in with the area whether is the Courthouse on the other side of The Green and that it fits
in. It’s the first multi-story parking structure in Downtown Dover that’s in the Historic District.
The elements of the parking structure are done with the good taste.
Responding Mr. Lenihan noted that the justice consultant is the same that worked on the Kent
County Courthouse and the building is of the same scale as a 3-story 100,000 SF building. The
detailing will be very important to ensure it fits into the context of the area. The Historic District
has very good set of Guidelines that talk about new structures and how they are to be
contemporary and how they are to meet the intent to fit into the Historic District. They are not to
be a copy but to look at the scale and massing and materials and make the buildings belong.
They have done articulation on the buildings, so they aren’t just one large mass especially on the
Bank Lane end of the parking structure where it is in the view corridor of The Green so that it
looks like a building and not a parking structure. They look forward to coming back to present
those details.
Mr. Czerwinski opened the public hearing to those in the room and also those in the virtual
meeting. It was noted that a number of individuals in the audience were part of the project team
including James Taylor (virtual) that is involved with the civil engineering for the project. Also,
in the virtual audience earlier in the meeting was John Van Gorp of Bayhealth. With no one
wishing to speak, the public hearing was closed.
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There were no additional questions from the Historic District Commission members.
Mrs. Horsey moved approval of HI-22-02/Z-22-01 Lands of the State of Delaware at South
Governors Avenue and West Water Street for entry into the Historic District. The motion was
seconded by Mr. Street and approved 3-0 with one member abstaining due to conflict of interest.
Roll Call Vote
Ms. Horsey – Yes
Mr. Street – Yes
Ms. Mason – Abstaining due to conflict of interest
Mr. Czerwinski – Yes
The Historic District Commission’s recommendation to include a series of 6 parcels and an alley
area owned by the State into the Historic District Zone will be forwarded to City Council. The
Final Action and Public Hearing is scheduled for the April 11, 2022 meeting of City Council.
OLD BUSINESS
Certified Local Government (CLG) Program
Mrs. Melson-Williams mentioned that we currently have a grant opportunity that they can make
use of and Staff hopes to work on it in the next few months to move the project forward. She also
noted that the location of the Historic Preservation Office is relocating to North State Street.
Implementation of 2019 Comprehensive Plan
Mrs. Melson-Williams mentioned that the most recent citywide activity is the Department of Water
and Wastewater is moving forward with a number of the studies that were identified in that topic.
There is a Wastewater Master Plan that will be awarded to a contract consultant within the next
month. Also, the City Planning Staff is part of a study related to Dover Air Force Base Compatible
Land Use Study. It is a Department of Defense funded initiative that is being led by DelDOT with
consultant assistance from Century Engineering and the Institute for Public Administration at the
University of Delaware. The Project is just getting underway. There will be some opportunities for
public participation going forward over the next year. Information will be provided to the
Commission regarding the website information and opportunities for input.
The Downtown Dover Partnership has entered into consultant services with a Project Team led by
Mosaic Development Partners for a Downtown Strategic Master Plan. It is currently in data
gathering and interview phase. There is a website link to that project and opportunities for input.
Ms. Mason expressed her concerned on behalf of the citizens of the Downtown area feeling
terrified and unsafe.
Responding, Mrs. Melson-Williams mentioned that the Downtown Dover Partnership has a Safety
Subcommittee that has been looking at a number of things. The Dover Police Department has a
Cadet program that are out on the streets in the Downtown area. If there are particular concerns,
we ask that citizens report them to the City (Police Department, Mayor or City Manager’s Office).
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Responding, Chairman mentioned that Downtown is a lot safer than what the perception is from
citizens. It is important point to make Dover succeed.
Ms. Mason moved to adjourn the meeting, seconded by Mr. Street, and unanimously carried 4-0.
Roll Call Vote to Adjourn the Meeting
Ms. Horsey – Yes
Ms. Mason-Yes
Mr. Street – Yes
Mr. Czerwinski – Yes
Meeting adjourned at 4:40 PM
Sincerely,
Maretta Savage-Purnell
Secretary
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