Historic District Commission Meeting Packet
Historic District Commission. 10 novanm 2022.
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CITY OF DOVER, DELAWARE
HISTORIC DISTRICT COMMISSION
Thursday, November 10, 2022 at 3:30 PM
City Hall Conference Room, 15 Loockerman Plaza, Dover, Delaware
AGENDA
IN-PERSON and VIRTUAL MEETING NOTICE
The Historic District Commission Meeting for November 10, 2022 will be held in the City Hall
Conference Room. The public is welcome to attend in person. Meeting will also be provided as a Virtual
Meeting using WebEx audio/video conferencing system as an electronic means of communication.. See
participation information below to join by phone or computer.
PUBLIC PARTICIPATION INFORMATION
City of Dover Historic District Commission Meeting of November 10, 2022
Dial: 1-650-479-3208
Event number/Access code: 2533 993 1623
Event password: DoverHDC
Event Address: https://bit.ly/HCDMeeting111022
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.
Written comments are accepted via mail to the City of Dover - Historic District Commission, P.O. Box
475 Dover, DE 19903 and via email at CompPlan@dover.de.us
WELCOME
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF MINUTES
1. Adoption of Minutes of October 20, 2022
COMMUNICATIONS & REPORTS
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HISTORIC DISTRICT COMMISSION MEETING - November 10, 2022 PAGE 2
Summary of Activity
2. Summary of Applications 2021 and 2022
3. Summary of Architectural Review Certificates for 2022
Department of Planning & Inspections Updates
4. Historic District Commission Training Sessions on Design Review and Law & Procedures -
November 2 and November 7, 2022.
NEW APPLICATIONS
NEW BUSINESS
Review of Permits Referred to Commission
5. HI-22-07 Update on Referral of Demolition Activities for 233-239 W. Loockerman Street -
Update on Referral by the City Planner to the Historic District Commission for
Determination of Demolition by Neglect and Review of Architectural Review Certification
for Demolition Activities for existing fire damaged commercial/residential building. The
property was declared a Dangerous Building by City Council on August 15, 2022. The
property is zoned C-2 (Central Commercial Zone) and subject to the H (Historic District
Zone). The property is located at the northeast corner of West Loockerman Street and South
New Street. The owner of record is SAG Holdings, LLC. Property Addresses: 233-239 West
Loockerman Street and 149 S. New Street. Tax Parcel: ED-05-077.09-01-50.00-000. Council
District 4. The Historic District Commission on October 20, 2022 determined the property to
be “Demolition by Neglect” and also requested that the property be evaluated for
saving/reconstruction of the structure.
Annual Meeting of Historic District Commission
6. Election of Chair and Vice-Chair
7. Meeting & Deadline Schedule for 2023
OLD BUSINESS
Certified Local Government (CLG) Program
Implementation of 2019 Comprehensive Plan
ADJOURN
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.
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Item 1.
CITY OF DOVER
HISTORIC DISTRICT COMMISSION
OCTOBER 20, 2022
The Meeting of the City of Dover Historic District Commission was held on Thursday, October
20, 2022, 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 Ms. Horsey and Mrs. Mason (virtual). Mr. Street was absent.
(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, Mr. Eddie Kopp, Mrs. Mary
Ellen Gray and Mrs. Maretta Savage-Purnell. Others present include Patrick Rock.
APPROVAL OF AGENDA
Ms. Horsey moved for approval of the agenda as presented, seconded by Ms. Mason and the
motion was unanimously carried 3-0. Mr. Street was absent.
Voice Vote
• Ms. Horsey -Yes
• Ms. Mason - Yes
• Mr. Czerwinski - Yes
ADOPTION OF MINUTES OF THE REGULAR HISTORIC DISTRICT COMMISSION
MEETING OF MAY 19, 2022
Mrs. Mason moved for approval of the meeting minutes of May 19, 2022, as presented, seconded
by Ms. Horsey and the motion was unanimously carried 3-0. Mr. Street was absent.
Voice Vote
• Ms. Horsey -Yes
• Ms. Mason - Yes
• Mr. Czerwinski – Yes
ADOPTION OF MINUTES OF THE REGULAR HISTORIC DISTRICT COMMISSION
MEETING OF AUGUST 18, 2022
Ms. Horsey moved for approval of the meeting minutes of August 18, 2022, as presented, seconded
by Mrs. Mason and the motion was unanimously carried 3-0. Mr. Street was absent.
Voice Vote
• Ms. Horsey -Yes
• Ms. Mason - Yes
• Mr. Czerwinski – Yes
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Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION OCTOBER 20, 2022
COMMUNICATIONS & REPORTS
Summary of Applications for 2021 and 2022
Mrs. Melson-Williams mentioned that you will be looking at your seventh Application of the year
today. Most significantly, the Application that you looked at for the New Kent County Family
Courthouse and Parking Garage project, that was granted by the Planning Commission conditional
approval of the Site Plan and the associated Architectural Review Certification at the Planning
Commission June meeting. In 2021, we had a series of six (6) applications throughout the calendar
year and most of them have made some progress towards either completion or getting started.
There is one that is related to the parking lot improvement on an adjacent site to the Courthouse
project which we should see get underway. It is at the location to the rear of 30 The Green; that is
a project from 2021.
Summary of Architectural Review Certifications for 2022
Mrs. Melson-Williams stated that this is the listing of Building Permit activity within the boundary
of the Historic District. There has been a total of twenty-one (21) applications through the end of
September. Three of those had very specific direct workings here with the Historic District
Commission. The other ones were either projects that were interior renovations only that do not
require Architectural Review Certification, or they are a mix of building exterior, a number of
fence projects, and some other sign projects. Also included are Permits that have been issued in
recent months including the series of Demolition Permits associated with the Courthouse project.
One of those very specifically came through the Historic District Commission. The demolition
activities are progressing and much of the buildings have been demolished at this point. They will
be moving on to any kind of site cleanup activities. They are the four in a series of properties in
the 400 block of South Governors Avenue.
Department of Planning & Inspections Updates
Mrs. Melson-Williams mentioned that she did provide to the members here in the room an
information flyer from the City’s Department of Water and Wastewater about an upcoming water
main replacement project in the area of North State Street. Basically, north of Division Street
leading up towards the Lakeside Cemetery is where that project will be getting started shortly. I
had highlighted it at your last meeting and noted it would be forthcoming. If you have questions
about it, there are contact numbers for the project team related to that. It is a long multi month
process where they will be replacing the water main in North State Street. Part of that area does
fall within the Historic District, but I believe the water main is in the roadway itself. There will be
obviously some detours as necessary with that project.
She mentioned that from the Planning Office we continue to have an opening for a Planner position
and there are a number of other city jobs that are open. If you know anyone certainly point them
to the City's website for more information about job opportunities here with the City of Dover.
Education & Training Opportunities
Mrs. Melson-Williams stated that included in your packet was the conference schedule for
Preservation Delaware’s Annual Conference and Meeting. It began this morning, and it is called
“Preservation and Progress”. It is a free virtual event. If you are interested, you could still catch a
series of the items tomorrow. I have been participating in it today. Some of the sessions today
included a discussion about “Is there such a thing as Delaware Architecture?” which was given
by Barksdale Maynard who actually is the author of a guidebook on Buildings of Delaware that
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was done a number of years ago. His presentation had a lot of pictures of buildings that are no
longer extent on the land, including what was the Post Office that later became the City Hall
building. This was one of the examples of an architectural style that came and went through
Delaware. There were some interesting presentations about the number of Delaware cemeteries
that have efforts of care and maintenance and research going on. This afternoon was a session
history of the Flats neighborhood, which is part of Wilmington and the efforts of the Bancroft
family and ultimately the creation of the Woodlawn Trustees group which is a very interesting
land planning effort dating to the early 1900s.
They have sessions ongoing right now through 6:00 PM tonight and then sessions starting at 8:30
tomorrow if you want to participate. There is a registration and then they send you the e-mail
link to the Zoom activity.
They are planning a Historic District Commission training session on “Design Review” and then
“Law and Procedures” that is a collaboration of Preservation Delaware and the State Historic
Preservation Office. They were looking at scheduling dates in early November. I have not heard
of the exact date but will inform you when I have the date.
Review of Permits Referred to Commission
HI-22-07 Referral of Demolition Activities for 233-239 W. Loockerman Street
Referral by the City Planner to the Historic District Commission for Determination of Demolition
by Neglect and Review of Architectural Review Certification for Demolition Activities for
existing fire damaged commercial/residential building. The property was declared a Dangerous
Building by City Council on August 15, 2022. The property is zoned C-2 (Central Commercial
Zone) and subject to the H (Historic District Zone). The property is located at the northeast corner
of West Loockerman Street and South New Street. The owner of record is SAG Holdings, LLC.
Property Addresses: 233-239 West Loockerman Street and 149 S. New Street. Tax Parcel: ED-05-
077.09-01-50.00-000. Council District 4.
Mrs. Melson-Williams mentioned that for the record there were two Historic District
Commission members located within the meeting room and one member (Mrs. Mason) has
joined us virtually.
Mrs. Melson-Williams gave a summary and presented information on Application HI-22-07.
This is a Referral of demolition activities related to a building located and address as 233-239 W.
Loockerman Street. It also has a secondary address of 149 S. New Street as some of the apartments
are accessed off a doorway from that street. It is a corner location that is here in Downtown Dover:
the corner of West Loockerman Street and South New Street. The Referral is brought to the
Historic District Commission for consideration for a determination of Demolition by Neglect and
for Review of Architectural Review Certification for Demolition. There are demolition activities
that are pending with this fire damaged commercial/residential building. Historically, I have
included in the Report an image of the building that dates to the 1960’s. It is a three-story brick
building with the first floor being commercial in nature and the upper floors being apartment units.
There is an apartment entry door kind of if you are looking at the image behind the Bug (VW
Beatle car) and then there is also another entry to the upper floor apartments off New Street. The
property is located within the City's Historic District zone. It is also listed on the National Register
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of Historic Places as part of the Victorian Dover Historic District. The District nomination
inventory notes that it is basically a circa 1920’s building with a flat roof and then the brick
pilasters and kind of a bold cornice line as details on the building. Historically, Staff did take a
look at a series of historic maps for you. Not much action on the property on the 1868 Beers Map
but by the late 1800s we are seeing this corner be a series of what appear to be residential buildings
in form. The Sanborn Fire Insurance Maps that cover the period from 1885 to 1919 show various
commercial activity likely on the first floor with upper floors being residential in nature. However,
by 1929 those early residential style buildings are gone and in its place is what I believe probably
to be the eastern half of the building. It shows that it is a three-story commercial building which
by 1951 has been expanded to continue all the way to the corner, again commercial in nature, with
some reference to residential on the upper floors. From a Historic District Commission perspective,
I noted that this is a determination of Demolition by Neglect which is defined in the Zoning
Ordinance. This gives some responsibilities for reporting of that and Dangerous Buildings from
the city planner to report to the Historic District Commission. Also, the review of an Architectural
Review Certification for Demolition is required because it is activity in the Historic District Zone
and that requires review under our Design Standards and Guidelines document. There are some
excerpts of it that are specific to demolition activities that give a series of criteria to be evaluated.
I do have copies of those sections of our Design Standards to provide to you if you did not look
them up in in your copy of the book. At this point, I am going to turn it over to other City Staff to
specifically present what they have brought to you today.
Code Enforcement Officer Mr. Eddie Kopp for the City of Dover spoke noting he is currently
charged with the duties of demolitions. I have presented to City Council with the finding of the
facts in regard to the building and the current state of the building. After the determination from
City Council, I have hired the asbestos contractors to assess for asbestos which was included in
the packet. They checked the area for asbestos. We have sent out bids for the asbestos abatement.
We have presented it back to City Council for the Bid Review. Since then, the Bid has been
awarded and the asbestos abatement is continuing with this interesting project. As of today,
asbestos abatement is underway and taking place mostly happening in the morning hours between
7:40 a.m. – 3:00 p.m.
In addition, the City hired a structural engineer to conduct a survey of the property. This was a
Recommendation from City Council. I reached out on behalf of the City and had it completed.
This also impacted one of the things noted from the structure was the immediate safety concerns
of the building potentially collapsing towards South New Street. I do not know if you have seen
the building recently, but we had the side secured off with the barriers from anyone parking there
and safety fencing. As of right now the asbestos dumpster is out there kind of blocking parking
spots due to if the building was to collapse (fall).
We have secured the building with wood. This is not something that we usually do. We usually do
not secure second and third story windows, but it had to be done at this location due to the nuisance
in the area. People were smashing out the windows with rocks. This is the reason the windows
were secured the way they were. In addition, after having all the windows boarded and doors
screwed shut there was forced entry into the front door that we did not secure. We had it screwed
shut, but they actually kicked that door in. I went out and checked it on a Sunday evening because
we were worried about the storm (hurricane). Between the time I checked it on Sunday evening
until Monday morning somebody had went in and caused another problem. They also broke into
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the apartments which is the door all the way to the right side, so that door was also kicked in,
screws were ripped out and it was damaged pretty significantly. We had to have our contractor go
back out and secure that building. It has been a nuisance as far as people are constantly breaking
into that building. No matter what we do to try to secure it, they're getting in. We found evidence
it looks like up on the third story somebody repelled up to the roof and came down from the ceiling.
I do not know why, I do not know how, but you can see where somebody literally crawled in
through the ceiling to get into the building. For what reason I do not know. Some of these pictures
show rapid mold growth. The growth of mold throughout the building is getting worse. At this
point, we cannot enter the building without respirators because it is bad.
In addition, I was on site today just for an update and noticed the weakening of the floor. Over
the last couple of months, the contractors have discussed this abatement topic. There are more
areas of the building where the asbestos cannot be removed due to the deterioration of the
building.
On Monday when the contractors actually started to fall through the floor on the second story,
they immediately ceased operations to remove some sites that were out there. It is going to be
one of the things they did make me aware of. They will be identifying hot spots with asbestos
with spray painting that cannot be identified or that cannot be removed at this moment to prevent
safety concerns. So, there you see markings that for safety reasons they cannot actually access it.
They're going through there trying to do things safely as possible in compliance with the federal
regulations. No one should be walking in the building unless they are professionals. Any
questions for me?
Ms. Mason noted that she was having a hard time hearing because she had to call in by my
phone. But she’s looking at the pictures here. She lives just a couple blocks from Loockerman
Street and does walk by and look at it. She stated that she was hoping that they would be able to
save the basic structure of the brick building and not just have to just level the whole property.
It’s such an important building. Had it been taken care of; it obviously wouldn't have gotten to
this state; if they had insurance and if they had a good landlord. She feels like we can't totally
give up and not find some way that we can salvage part of this historic building.
Mr. Kopp noted that one of the concerns we have and the concerns the engineers had is with the
walls of the building and the floors. The floor joists that are supporting the floors are also
supporting walls of the building. So due to the deterioration of the floor joists, it is an immediate
danger that the building could potentially collapse. Our concern is we don't want the building to
collapse especially with the location. It is very close to the sidewalk and street. Our concern is
that the immediate threat to the public safety.
Ms. Mason noted that she understood and asked if it is demolished what will be the next step. Is
it just going to be an empty space? Do you think that anyone else is going to want to develop
that site? Mr. Kopp responded that as of right now we will require it to be backfilled and seeded.
Then it will be hopefully redeveloped at some point but as far as is there any potential candidates
as of right now I am not aware of anybody who wanted to develop the site.
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Ms. Horsey asked how many years has this building not been in compliance with city code as far
as not being in a condition to house people? How far back does that record go? Mr. Kopp noted
that it had occupants inside until the fire occurred in March of 2022. Part of the major issue here
is that the entire roof of the building is exposed. It was completely burned through which has
caused the water and obviously due to the natural elements to just deteriorate the building.
Usually when there is a hole in the roof, it is easier and manageable to cover it. This would take a
lot to try to preserve that without repair.
Ms. Horsey mentioned that they did it with Central Middle School with no problem. She
understood the problem with this building.
Ms. Horsey asked again about how many years this building has not been in compliance with
basic human occupation. It's got to be more than just this last year. Why wasn't the property
owner held accountable to fix the repairs at the time instead of allowing this building to come
down by neglect? That's what all of Dover has been allowed to be demolished by absentee
landowners. For property owners, it's time to stop. I don't know how we're going to do it. I want
to also know does anybody know where the owner actually lives: it's not in Delaware. Do they
even know where Dover is on the map? We have the right to know where this property owner
lives. Mrs. Gray stated that we can answer the first question and there's a legal representative for
the property owner here also. For the first question, the building was in compliance until the fire.
Mr. Kopp stated that was correct. It was habitable up until the fire. Due to the extensive amount
of the fire damage, that's why it's in the condition now. The fire started on the first floor at the
bottom left corner of the building and rapidly spread through a pipe chase through all the floors
which has us to the point we are now. The fire is what did the condition. It does not seem like it
as you at the pictures from the outside, but the inside is completely burned through with partial
collapse inside that building. Sometimes it is hard to get that full picture of it. Mr. Kopp noted
that he’s been in this building quite a bit and have seen the deterioration of it. Up until then, the
building was habitable, and it was occupied.
Mr. Czerwinski noted his issue with this property and he’s not sure we have the same problem
with other properties, is there a legal requirement for the owner to have insurance on the
commercial property? Mr. Kopp responded not at this time.
Mrs. Gray responded that as of right now at this point there is no requirement for an owner that
actually has tenants or for commercial entities to have insurance on the property. However,
moving forward we have an ordinance that went to City Council on this. We were asked to make
some revisions to the rental property ordinance to have that requirement in there. It’s going back
to City Council and actually was just posted on the October 25th Council Committee Meeting. It
will require property owners that rent property to have property insurance.
Mr. Czerwinski was also wondering about the ordinances about the sprinkler systems in these
buildings. If they had sprinklers, this would have probably avoided the vast majority of the
damage with this property. He stated that he did not want this to happen again. We’ve got
precious few remaining buildings on Loockerman. When this comes down, it's going to be
another missing tooth. Mr. Czerwinski noted that he was raised in Washington. When you see
these beautiful buildings that disappear, it's like somebody got their mouth punched and they're
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missing teeth. This is going to be another missing tooth. I think this is a lost opportunity. We had
an owner that should have had insurance to do the repairs in the timely manner to have stabilized
the building and save the building. Here we had absolutely no chance at doing so because the
man simply wasn't there. I don't understand how it is actually legally possible for somebody to
actually have tenants. There has got to be liability; there's got to be something where they are
obligated for now and then with the building itself.
Ms. Horsey asked another question for clarification. Our family does own a property Downtown
that they rent to tenants both as apartments and as commercial space. She noted as commercial
space we are required to have smoke detectors were tied directly into the fire department. Why
wasn't this building required and maybe it was? I need to know that.
Mr. Kopp noted that this building did have fire alarms and did have fire alarm system in there; it
didn't activate. The problem with this building was actually a pipe chase. There's a small hole
through the floor that basically pipes go from one floor to another. That little space, that little
pipe chase is what caused the fire to rapidly spread. That's why fire code is the way it is now. I
don't believe this building was renovated that would have required that to be correct. There has
to be a certain amount of property that's being renovated so that it would have to be brought up
to standard code. I think because they were in the building and the use of the building has
remained the same throughout. It was just a small hole (it's very, very small) that caused the fire
to spread the way it did. Had that not been the case, we would probably not be sitting here.
Ms. Horsey asked if that was going to be placed in the Code. Mr. Kopp responded it is
something that is now the Code for fire blocks whether it is caulking or whether it is a specific
board. Sprinklers are today's Code; and it covers all of that to prevent this in the future.
Ms. Mason noted she heard part of how the fire got bigger and asked if was there any truth that it
was arson or that somebody actually threw a pipe bomb in the building? Mr. Kopp stated that at
this time there still is an active investigation into the fire. We cannot comment on the cause. He
can tell you where the fire started that's about the extent of it due to the active investigation.
Ms. Mason asked if since this happened have there been cameras outside that have been
watching of all this sort of vandalism that's been going on since the fire. Do we know who's
doing all this? Mr. Kopp responded that due to the fire, the camera and light pole that was in the
area was destroyed. It’s been a week or two since Advantech has stalled a new camera on the
corner of New Street and Loockerman Street. Also, when he was out there today and a little bit
further down back behind the building in the parking lot, they were actually replacing the camera
to make it operational in that parking lot. On the street directly behind the building, those
cameras have since been replaced and are operational.
Ms. Mason hopes that there's going to be more preventative actions because we're going to have
more. We're going to be continuing to lose more buildings down there because it doesn't seem
like there's much presence of people watching what's going on down there. It's just a shame; we
just have our hands tied behind our backs and just keep watching this stuff go on. It's just a real
shame that we can't be more proactive about it. Where the Dover Hardware Store was, it's just
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been a park there for how many years now. It's a sad thing to see what's happening to the
downtown.
Mr. Czerwinski called upon the representative of the property owner to speak.
Representative: Mr. Patrick Rock of Heckler & Frabizzio as Representative of property owner.
Mr. Patrick Rock introduced himself as a representative of the owners of the building. He stated
that this is a great tragedy what's happening with the fire. The owners had a manager on site who
would report back whenever there's a problem for repairs. They repair it and they pay him, so it
wasn't exactly like they were absent. They had somebody on-site who was actually a tenant and a
manager. They had two roles there; they were managing the building. If there was a problem
with any lighting and/or electricity issues they would report it.
Mr. Rock noted there was a contract to buy the building. They have no insurance. What's not
evident to everybody is that they are at a loss. It’s significant loss not as bad as the tenants who
live there, but they have a significant loss here. There is no money they have to renovate it so
they're trying to sell the building. They had a contract in August. They had a letter of intent from
an owner who apparently owns other properties in Dover and does this kind of thing of buying
these buildings and refurbishes them. But they had said well, if there's a condemnation and the
building is going to be knocked down, they don't want to walk but they only want the building if
the building is going to be a shell and they can rebuild it. So, the problem that they have is not to
enter into a contract if the building is going to be knocked down the next day. They are sort of
stuck.
He understands that the building is deteriorating. It is unfortunate that this could have been
handled differently. In August, he requested a delay from the city. They said the mayor said no.
He explained why there was an interest in trying to have a delay and that was sort of in a holding
pattern. There is one other buyer in addition to the one who was interested in August who might
want to take on the project but again not if we are knocked down. It's an unfortunate situation.
Right now, we are waiting to see what the city does and the Historic District Commission
decision before the buyer wants to come forward and commit to redoing the building.
Mr. Czerwinski mentioned that it would put them in a peculiar situation because the building is
deteriorating; and we have this evaluation. Mr. Czerwinski noted that when Century Engineering
did the evaluation, they are doing the evaluation based on demolition and not on saving the
building. He understands the various situations of the building itself. In this case now we're stuck
because if those offers are still being tendered, wouldn't it be in our best interest to do another
evaluation to see whether or not the shell itself is salvageable or whether not with walls are
actually still intact? We're not talking about wood structure; we're talking about brick structure
which puts it in a different classification altogether. It's very easy for a brick structure to support
itself without the interior walls. There's an example of this if you look at Salem, New Jersey.
There was a building that had been terribly destroyed; they kept the side and the building frame
intact and it’s still there to this day. They didn't want tear it down because it was going to be an
open hole on the street.
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Mr. Czerwinski stated that maybe we need to do a motion that you evaluate. It might cost a little
bit more money, but if there is a sincere interest in saving the building (and I'm not sure if that
interest is still there) it probably would be in their best interest to go ahead and have a
reevaluation of the walls and whether or not it's possible to reconstruct the building as it is versus
just writing it off.
Mr. Rock stated that the broker told me that if the building structure is there, then the buyer
wants to buy it. If it's not, then he doesn't want it. That's last conversation he had with their
broker.
Mr. Czerwinski mentioned that it kind of puts a little spin on things here for this building. This
might not come to nod, and we still got the possibility of a collapse. Again, we kind of wrote this
thing off as a demolition, like no money, we are going to demolish it. However, there is a
possibility of doing so. I would think it might be in our best interest to have them do another
evaluation of the wall structure. They don't have to go in and turn on very much to evaluate the
integrity of the outer shell structure and whether or not they could save the building. Then we
need to reevaluate if there is a serious interest in redeveloping this building. It is in our best
interest to try to save the building. Again, there was nothing in our paperwork as far as
forwarding bids to possibly save this building. Now, we have to seriously consider that as being
a possibility. At this point , what do our fellow members think about that? Do we just go ahead
and vote on a motion for the passage of Demolition by Neglect and then follow up with another
motion possibly of stating that we would like to pass a motion to reevaluate the structure as a
viable potential for saving the structure? He understands the mold and asbestos; that is soft
material. He is talking about the structure of the building itself.
Mr. Kopp stated that the structural engineer’s Report about demolition was actually requested by
City Council. The order of demolition was by City Council. Everything we have done has been
based off the order of City Council. We initially were unable to save the building.
Mr. Czerwinski stated that he understands Mr. Kopp’s position because you had your orders. Mr.
Kopp mentioned in order to get the structural report it was specifically for demolition.
Mr. Czerwinski mentioned that is why I noticed right away that nothing was ever forwarded to
the contray. This is a possibility, somebody beyond the shadow of this structure saying we have
had it and we cannot save the structure. How can we safely demolish the building? This case
specifically comes forward to this Board to determine whether or not this structure is going to be
Demolished by Neglect and whether or not we proceed with the demolition activity. They are
saying okay we are going to demolish this, but yet it goes before the Historic District
Commission for determination. At this point, I am trying to figure out how we can phrase this in
order to make a motion.
He asked if he could forward the motion for demolition to vote against it. Then forward another
motion to evaluate the structure as a possible save with the condition that we have possible
investors in the building. I know it is not what we came here for, but then we got new
information that we didn't have before we came. The total write-off, the money could be invested
in, there is nothing that is going to happen and then all of a sudden, we have a potential buyer
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Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION OCTOBER 20, 2022
that might be option. He doesn’t know all of the ins and outs of that, but if we have the potential
of saving the structure can and we get about 30 days for evaluation before the next meeting to
reevaluate?
Mr. Kopp asked who would be responsible for the cost? The City has invested almost $200,000.
Mr. Czerwinski asked who will pay for the demolition. Mr. Kopp replied that the City will pay
for the demolition and then we will put a lien against the property.
Ms. Horsey mentioned, so the owner doesn't have to pay a cent. Mr. Kopp replied that there will
be a lien against the property.
Mrs. Gray stated that when the property is sold then the new owner (the buyer) would have to
pay back the cost.
Mr. Kopp stated that his concern is because they have already got the structural engineer’s report
for the demolition of the building. We cannot justify putting a lien against the property for
another survey to save the building because we have already gotten a structural engineer’s
Report. We have to justify why we do what we do. If he was to get another structural engineer’s
report, he couldn't necessarily justify against property for this at the city or taxpayers’ expense.
We have to justify the money that was spent. He would also be concerned about the dollar
amount and the approval process.
Ms. Horsey mentioned that what the Chairman is trying to say is exactly what I think my other
colleague and I believe. I think it was assumed that this building would just be torn down, so let's
do the report, and that there was no chance to talk about how to save it in the structural engineer
Report. So, you've got it backwards here and now we the Historic District Commission is
supposed to bail the city out of this dilemma, this rush to a decision. You know that's not fair to
the Historic District Commission; think about it, it's not. We are all frustrated. If there's a
possibility that this building can be saved, and money might be there for the investor to take it
over then I think we need to make the motion that this happen. Why are we in such a rush to
always demolish? She doesn’t get it and never have for the last 40 years of living here.
Mr. Czerwinski mentioned that there is a story behind this. Obviously, there is either a lack of
communication in what was forwarded to the city. I don't know because I wasn't there for all
these meetings. That's what makes that business an inaccurate situation because there's obviously
maybe information, we are not privy to we don't know. But then we have a potential to save the
structure and from the information we have here. I think the only way forward here is to then get
somebody to forward a motion for the approval of the Demolition by Neglect for 233- 239 W.
Loockerman Street.
Mr. Czerwinski asked if we do both motions, do we do a single motion or can we break this up
into two different motions? Mrs. Melson-Williams responded that staff would advise that you
could make multiple motions. There are really two questions before you. First, that is a
determination of Demolition by Neglect and you can make that or agree to that determination
and give guidance for a path forward. Then the second component of what was brought to you
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Paj 13
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION OCTOBER 20, 2022
today was the need for an Architectural Review Certification for demolition. With a Demolition
Bid out there, we realized that a Demolition Permit is likely in the near future. That's why that
second component is before you today for the demolition activities that we expect are currently
in the path right now due to the property’s declaration as a Dangerous Building and the steps
taken under those provisions of the city ordinances.
Mr. Czerwinski stated that his recommendation to the Board here is break this down into two
motions. He asked Mrs. Mason if she agreed.
Mr. Czerwinski stated that we can have two different motions: one for demolished by neglect
and second one for its actual review for Architectural Review Certification for the demolition for
demolition activities as outlined by the staff notes. As he looks through this, he thinks there is
going to have to be a recommendation from the Historic District Commission that there be a
review for the potential for saving the structure with possible investors be looked at either by the
City Planning Staff and evaluated. I'm going to leave that to you because you know again, I am
the Chairman and it is up to you to make that motion. Again, we will break it down to those two
motions. If somebody wants to forward the first motion. Mrs. Mason asked Ms. Horsey if she
could make the motion and she would second it if possible.
Mrs. Melson-Williams noted that part of your Bylaws state that even though the Chair is the
presiding officer of the hearing and meeting here with the Historic District Commission, you (the
Chair) continue to and I'll quote “can exercise the prerogatives of an individual member of the
Commission while performing the duties of a presiding officer.” Therefore, you (the Chair)
could make the motion yourself. Eric can make a motion just like he was an individual member
of the Commission.
Mr. Czerwinski moved to approve the building at 233 to 239 W. Loockerman Street, Dover,
Delaware to be identified as Demolition by Neglect as set forward and as an outlined in the Staff
notes in this Report. The motion was seconded by Ms. Horsey. The vote was 2-1. Mr. Street was
absent.
Mr. Czerwinski announced that we will vote on the motion to approve the identification of the
building at 233-239 W. Loockerman Street as Demolition by Neglect as identified in the Staff
notes.
Voice Vote
• Ms. Horsey -yes
• Ms. Mason – no
• Mr. Czerwinski -yes
Mrs. Melson-Williams stated that by the vote of two to one I believe that motion carries. It
approves the determination of the building location at (and I'll correct the address for you) 233-
to 239 W. Loockerman Street and the associated New Street address of 149 S. New Street as
being determined to be Demolition by Neglect.
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Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION OCTOBER 20, 2022
Mr. Czerwinski made a motion to approve the second part which is going to be the approval of
the Architectural Review Certification for the building at 233 to 239 W. Loockerman Street,
Dover, Delaware for the demolition of the structure as outlined in the Staff notes. Now
remember, this is for the approval of the demolition of the structure with the follow-up notes of
the asbestos remediation and the remediation of the property afterwards. The motion was
seconded by Mrs. Mason. The vote was 1-2; then the corrected vote was 0-3. Mr. Street was
absent.
Mr. Czerwinski repeating the motion, mentioned that those in approval, remember listen
carefully, those are for the approval for the demolition of this structure. This second motion is
for the approval of the demolition of the structure at 233-239 W. Loockerman Street Dover,
Delaware as outlined in the notes for remediation of asbestos and of course the remediation of
the property afterwards.
Voice Vote
• Ms. Horsey - no
• Ms. Mason – yes
• Mr. Czerwinski -no
Mrs. Mason asked if she did something wrong. She did not realize that she did the wrong thing
(in voting).
Mrs. Melson-Williams noted the motion would fail because the motion was to approve
demolition of the structure and basically to grant the Architectural Review Certification. So a
vote of yes is a vote of yes to issue the Architectural Review Certification for demolition. A vote
of no is a vote against that.
Mrs. Mason stated I'm sorry, I vote no. Is it too late, of course I vote no.
The Corrected Voice Vote
• Ms. Horsey - no
• Ms. Mason – no
• Mr. Czerwinski -no
Mrs. Melson-Williams stated that Mrs. Mason's vote is corrected. The result of the vote on that
motion is zero to three; so that motion fails.
Mr. Czerwinski would like to follow with the third motion if I may. I would like to forward a
motion for the property at 233-239 W. Loockerman Street that the disposition of this property be
evaluated for possible reconstruction and with the idea of returning it back to the City Planning
Staff and with prospective investors to save the structure prior to the evaluation of the demolition
(request)for the property. This is based on testimony here at this Historic District Commission
meeting. That's an adequate question. I like to get that seconded. Mrs. Mason seconded the
motion. The vote was 3-0. Mr. Street was absent.
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Paj 15
Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION OCTOBER 20, 2022
Voice Vote
• Ms. Horsey - yes
• Ms. Mason – yes
• Mr. Czerwinski -yes
Mrs. Melson-Williams stated that the vote result of that vote is three to zero in favor of the
motion for the disposition of the building for its continued evaluation saving the structure.
Basically, referring that back to the City Planning Staff based on the testimony of the meeting
and with the acknowledgement of potential buyers that are interested in a building for purchase.
Mr. Czerwinski said thank you very much for talking with us. He appreciates your patience.
Mrs. Melson-Williams stated that she will note that there was another attendee who has been
listening in and that is Nate Attard. He did forward an e-mail letter statement that was actually
distributed by himself to all of the Historic District Commission members. I do have it of record.
If you wish, you waive some rules so that Mr. Attard can speak. (Consensus of members to
allow).
Mr. Nate Attard stated that he lives at 452 E. Loockerman Street. If you know my comments
from what I said in the message that I sent to you all, I appreciate the motion today rejecting the
demolition and sending it back for evaluation. It is just frustrating I think watching the City
administer historic preservation recently with the number of the different things we've been
through. I appreciate the Commission standing up for itself; so thank you all.
OLD BUSINESS
Certified Local Government (CLG) Program
Mrs. Melson-Williams noted a forthcoming training initiative that the State Historic Preservation
Office and Preservation Delaware are putting forth is to target training with the Certified Local
Governments. The Certified Local Government program, if you remember, has that grant
opportunity. The Historic Preservation Office has let us know that with the previous grant that we
applied for a number of years ago, those monies are still available for our use. Staff is going to try
to work through moving forward with that project. That was good news from them. It's a couple
of grant years old and there had to be some logistics at the federal level. They've extended a number
of grant years use of the money predominantly I think in response to COVID. That's good news
for us. We do have available match so hopefully we can take the steps to bring a consultant on
board to look at the opportunities for modern materials in the Historic District. I can tell you I'm
not sure when that's going to happen given the current workload on my desk, but I'll keep you
posted.
Implementation of 2019 Comprehensive Plan
Mrs. Melson-Williams mentioned that there were no specific updates happening related to the
Historic District Commission at the moment, but implementation of the Plan is a citywide effort.
Even things like that N. State Street water replacement line project certainly goes to the goals and
visions of the Comprehensive Plan related to things like water service in the city. There are a
number of things that way across the board in various departments that have the vision and goals
of the Comprehensive Plan in mind as we move forward with the specialized projects citywide.
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Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION OCTOBER 20, 2022
Ms. Horsey moved to adjourn the meeting, seconded by Mrs. Mason, and unanimously carried
3-0.
Meeting adjourned at 4:46 PM
Sincerely,
Maretta Savage-Purnell
Secretary
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City of Dover Historic District Commission
Summary of Applications 2022 Item 2.
Updated thru November 2, 2022
FILE# PLAN NAME LOCATION TYPE ACTION STATUS
HI-22-01 Referral of Fence 502 -506 S. State Fence Permit Permit #21-1556 referred to HDC by Permit Application received 11/18/2021
Permit #21-1556 Street and 100 W. City Planner for consultation on and Referred to the HDC for consultation.
at 506 S. State Water Street Architectural Review Certification; Permit approved for issuance per HDC
Street 1/20/2022 HDC recommended action of 1/20/2022. Permit issued
approval of ArchRevCert to allow 1/24/2022. Fence installed.
revised height of 6-feet for black metal
fence.
HI-22-02 Lands of the State 411 S Governors Rezoning to H Public Hearing and Review by HDC on Request to expand boundary of the Historic
of Delaware at S. Avenue, 429 S (Historic District 3/24/2022; Recommended Approval District as Rezoning Application HI-22-02/Z-
Governors Governors Avenue, Zone) of Rezoning 22-01. Public Hearing and Review by
Avenue and W. 435 S Governors Planning Commission on 3/21/2022 -
Water Street: Avenue, 439 S Recommendation of Approval; Public
Rezoning to H Governors Hearing and Review by Historic District
Avenue/117 W Commission on 3/24/2022 -
Water Street, 441 S Recommendation of Approval; and
Governors Avenue, scheduled for Public Hearing and Final
447 S Governors Action by City Council on 4/11/2022.
Avenue Rezoning Approved.
HI-22-03 Kent County 415 S. Governors Site Plan Review for Public Hearing and Review for Site development plan for new Courthouse
Family Avenue and 445 S. Architectural Recommendation on Architectural Building, Parking Garage Structure, and
Courthouse & Governors Avenue; Certification Review Certification by HDC on associated Site Improvements. For Review
Parking Garage East side of S. 4/11/2022. Recommended approval of by HDC completed and recommendation
Governors Avenue ArchRevCert including reduction of forwarded to Planning Commission.
between Bank Lane rear yard setback. Planning Commission granted conditional
and W. Water St approval of S-22-06 and ArchRevCert on
June 21, 2022.
HI-22-04 Referral of Permit 527-529 S. State Permit for Parking Permit #22-661 referred to HDC by City Permit Application received 4/20/2022 and
#22-661 at 527- Street Improvements Planner for consultation on Referred to the HDC for consultation.
529 S. State Architectural Review Certification; HDC Project for construction of seven parking
Street recommended ArchRevCert with spaces on the property. Awaiting
conditions on screening at 5/19/2022 submission of Revised Plan of parking area
Meeting for Permit Review.
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Paj 18
City of Dover Historic District Commission
Summary of Applications 2022 Item 2.
Updated thru November 2, 2022
FILE# PLAN NAME LOCATION TYPE ACTION STATUS
HI-22-05 Delaware Public 121 Martin Luther Architectural Review Project referred to HDC by City Planner Proposed Roof Project Referred to the HDC
Archives: King Jr. Boulevard Certification for consultation on Architectural for consultation. Project design
Consultation on North Consultation Review Certification; HDC considered consideration of alternative materials for
Roof Project at 5/19/2022 Meeting and made Roof Replacement Project. Awaiting formal
recommendation of roof material Permit submission.
options.
HI-22-06 Referral of Permit 43 The Green, John Permit for Accessory Permit #22-1298 referred to HDC by Permit Application received 7/25/2022 and
#22-1298 at 43 Bell House Structure (Restroom City Planner for consultation on Referred to the HDC for consultation.
The Green & Storage) Architectural Review Certification; at Project for construction of accessory
8/18/2022 HDC recommended structure on the property. Permit approved
approval of ArchRevCert to allow by Planning Office for issuance per HDC
accessory structure construction and action of 8/18/2022. Permit pending review
reduction of rear setback requirement. by Public Works/Water & Wastewater
Department.
HI-22-07 Referral of 235-239 West Update on Project referred to HDC by City Planner Building declared Dangerous by City Council
Demolition Loockerman Street Dangerous Building for update on building and proposal on 8/15/2022. Following no action by
Activities at 235- Designation and for Demolition of Dangerous Building; property owner, the City is progressing with
239 W. Demolition Activities at 10/10/2022 Meeting HDC Bid Process for Demolition; Bid Opening
Loockerman St considered Determination of was 10/26/2022 and award is pending. HDC
Demolition by Neglect and determined "Demolition By Neglect" for the
Architectural Review Certification for Building and pertaining to Architectural
Demolition Review Certification the HDC's motion
requested continued evaluation of the
building for the potential of saving it
acknowledging potential buyer interest.
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Paj 19
City of Dover Historic District Commission
Summary of Applications 2021 Item 2.
Updated thru November 2, 2022
FILE# PLAN NAME LOCATION TYPE ACTION STATUS
HI-21-01 Referral of Sign 46 S Bradford Street, Sign Permit Permit #21-188 referred to HDC by City Permit Application received 3/2/2021.
Permit #21-188 The Peoples Church Planner on 3/9/2021 for consultation Resubmission of revised Sign Design per
The Peoples on Architectural Review Certification; HDC recommendation received in order to
Church at 46 S 3/18/2021 HDC recommended process Permit subject to conditions.
Bradford St approval of ArchRevCert subject to Permit issued 5/17/2021.
conditions
HI-21-02 Referral of Fence 4 The Green, Mixed Fence Permit Permit #21-147 referred to HDC by City Permit Application received 2/16/2021.
Permit #21-147 at Use Building Planner on 3/9/2021 for consultation Applicant revised fence material choice on
4 The Green on Architectural Review Certification; 3/16/2021 to black metal picket style fence
3/18/2021 HDC recommended and HDC recommended approval. Permit
approval of ArchRevCert for revised review completed per ArchRevCert and
material choice issued 3/25/2021. Fence installed.
HI-21-03 Referral of 129 S Bradford St Demolition Permit - Permit #21-316 referred to HDC by City Permit Application received 4/1/2021 on
Demolition Building Planner on 4/6/2021 for consultation demolition of entire building. Referred to
Permit #21-316 on Architectural Review Certification; HDC for Review on 4/15/2021.Permit
Building at 129 S 4/15/2021 HDC recommended review completed per ArchRevCert and
Bradford St approval to allow for demolition. issued 5/6/2021. Demolition underway.
HI-21-04 Lands of King of 30 The Green (and Site Plan for Parking Review for Architectural Review Site Plan filed for review by Historic District
Clubs, LLC: 123 Bank Lane) Lot Improvements Certification of Site Plan; Public Commission. Administrative Site Plan
Parking Lot Hearing and Review scheduled for HDC review is underway. Improvements are
Improvements on 7/15/2021 associated with future Kent County Family
Court Project.
HI-21-05 Referral of 401 S. Governors Demolition Permit - Permit #21-1036 referred to HDC by Permit Application received 8/6/2021 for
Demolition Avenue Building City Planner on 8/11/2021 for demolition of entire building and site. HDC
Permit #21-1036 consultation on Architectural Review reviewed on 8/19/2021 and granted
Building at 401 S. Certification; scheduled for 8/19/2021 approval of the Architectural Review
Governors Ave HDC Meeting Certification. Permit Issued 9/8/2022 and
Demolition occurred 10/2022.
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Paj 20
City of Dover Historic District Commission
Summary of Applications 2021 Item 2.
Updated thru November 2, 2022
FILE# PLAN NAME LOCATION TYPE ACTION STATUS
HI-21-06 Referral of 46 S Bradford Street, Administrative Permit #21-1501 referred to HDC by Permit Application received 11/8/2021.
Building Permit The Peoples Church Building Permit City Planner on 11/9/2021 for Reviewed by HDC on 11/18/2021 and
#21-1501 consultation on Architectural Review granted Architectural Review Certification
Drainage Certification; scheduled for per Staff Recommendations. Permit issued
Improvement at 11/18/2021 HDC Meeting 2/9/2022. Project underway.
the Peoples
Church at 46 S
Bradford St
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Paj 21
Summary of Permit Applications with Architectural Review Certification
Item 3.
2022 - Updated Thru 10-31-2022
DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES
REVIEW CERTIFICATE
1/24/2022 21-1556 506 S State St, Office Fence Permit Referral of Permit to HDC for Installation of new black metal
Buildings Consultation 1/20/2022. Revised fence revised to be 6-feet in height.
project granted ArchRevCert. HI-22-01. Fence Installed.
1/13/2022 22-74 147 S New Street, Tastee's Administrative Building Permit Building Inspector Approval only. No Replacement Permit for Permit #19-
Chicken & Seafood ArchRevCert required for interior 1579 related to tenant fit-out for
Restaurant work. restaurant use.
2/9/2022 21-1501 46 S Bradford Street, The Administrative Building Permit Referral of Permit to HDC for Drainage Improvements including
People's Church Consultation 11/18/2021. Project stormwater management facility in
granted ArchRevCert. side yard. HI-21-06
2/8/2022 22-96 201 W Loockerman Street, Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations for tenant fit-
Dove's Restaurant Renovations required for interior work. out of kitchen, etc. for restaurant
and second floor office.
3/24/2022 21-1304 5 E Reed Street, Weyant Fence Permit Staff Approval. Installation of black metal fence
Hall around utility equipment
(generator) area.
4/27/2022 22-175 145 S New Street Building Permit - Interior Staff Approval. Interior renovations for residential
Renovations apartments. New Permit to replace
expired Permit for project.
4/20/2022 22-561 54 S State Street, Building Permit - Shed Staff Approval. Placement of shed at rear of
Presbyterian Church building near alley. Not visible from
4/13/2022 22-616 307 S State Street, Office Sign Permit Staff Approval. bli
Installation (of projecting
) sign on
existing bracket.
4/20/2022 22-617 527 S State Street A Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations to existing
Renovations required for interior work. apartment unit and common space
in basement area.
4/20/2022 22-618 527 S State Street B Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations to existing
Renovations required for interior work. apartment unit.
5/3/2022 22-625 150 E Water Street, Del-One Building Permit - Window Staff Approval. Replacement of windows within
Buildings Replacement existing openings and retaining
precast detailing.
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Paj 22
Summary of Permit Applications with Architectural Review Certification
Item 3.
2022 - Updated Thru 10-31-2022
DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES
REVIEW CERTIFICATE
7/19/2022 22-589 304 South State Street Building Permit - Renovations Staff Approval. Exterior and interior renovations to
reconstruction the front façade wall
and other structural support work.
New wall to replicate brick wall with
window openings and reinstallation
of cast iron window headers and
other detailing.
7/26/2022 22-1114 144 Kings Highway SW, Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations to kitchen and
Governors Club Building Renovations required for interior work. dining room areas of Restaurant.
7/11/2022 22-1115 501 South State Street, Temporary Sign Permit Staff Approval. Installation of Banner as Temporary
Christ Church Sign.
8/15/2022 22-1317 411 Legislative Avenue, Building Permit - Exterior Staff Approval. West exterior stair project with
Legislative Hall Renovations reconstruction and snow melt
system.
8/17/2022 22-1321 152 S Governors Avenue Fence Permit Staff Approval. Replacement of white picket fence
and required to be 4 feet in height
or less.
9/8/2022 21-1036 401 S Governors Avenue Demolition Permit Referral of Permit to HDC for Demolition of Building and site for
Consultation 8/19/2021. HDC property associated with future
granted ArchRevCert. Kent County Family Courthouse
project development.
9/8/2022 22-180 429 S Governors Avenue Demolition Permit Staff Approval. Demolition of Building for property
associated with future Kent County
Family Courthouse project
development.
9/8/2022 22-181 435 S Governors Avenue Demolition Permit Staff Approval. Demolition of Building for property
associated with future Kent County
Family Courthouse project
development.
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Summary of Permit Applications with Architectural Review Certification
Item 3.
2022 - Updated Thru 10-31-2022
DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES
REVIEW CERTIFICATE
9/8/2022 22-183 447 S Governors Avenue Demolition Permit Staff Approval. Demolition of Building for property
associated with future Kent County
Family Courthouse project
development.
9/13/2022 22-1379 150 E Water Street near Del- Building Permit Staff Approval. Replacement deck (wood to metal)
One Building at Air Quality Monitoring Station.
10/13/2022 22-1555 411 Legislative Avenue, Roof Permit Staff Approval. Roof replacement of steep slope
Legislative Hall roof with tile system and flat roof
with membrane; other trimwork
repairs and painting.
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Paj 24
Item 4.
From: Davis, Gwen (DOS)
To: Davis, Gwen (DOS)
Cc: Dee Durham; Jeremy Rothwell (Smyrna); Alex Tarantino; Tim Pancoast
Subject: EXTERNAL: Registration is Open! Nov. 2 and Nov. 7 Workshops for Historic Preservation Commissions
Date: Thursday, October 27, 2022 11:30:12 AM
Attachments: Bio Frederick Stachura, J.D. .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.
Dear Members and Staff of Historic Preservation Commissions and Boards,
Registration is now open for two free virtual workshops for Certified Local Governments
(CLGs) and other municipalities with historic review commissions or boards.
Preservation Delaware, Inc. with the assistance of the Division of Historical & Cultural
Affairs’ State Historic Preservation Office (SHPO), has coordinated with the Maryland
Association of Historic District Commissions to offer these workshops at no cost for
participants.
Who should attend?
The workshops are open to all members of Historic Preservation Commissions (HPCs) in
Delaware. We also encourage those staff members supporting Delaware CLGs and HPCs to
participate.
How to Register:
To register for one or both of the training modules, please click on the Zoom links below for
each course:
HPC 100 – Design Review (Wednesday, November 2nd 5:00 – 7:00 pm)
https://us02web.zoom.us/meeting/register/tZMkf-6gpj0iEtYg7Don4JI8Jwq-5dxZs8sH
HPC 101 – Law and Procedures (Monday, November 7th 5:00 – 7:00 pm)
https://us02web.zoom.us/meeting/register/tZMtfuyvrzIjGtycpDLP4dgnN8O7RdbTpn
OV
Once you have registered, staff at Preservation Delaware Inc. will review and approve your
registration. Registration is on a first come/first serve basis, with a maximum of 40
participants per course.
Can’t attend? Please register anyway!
Both training modules will be recorded. If you cannot attend the training session live during
the two assigned times, please register and follow-up with an email to Tim Pancoast at
Preservation Delaware, Inc. at: timpancoast@preservationde.org. Following the workshops,
arrangements will be made for you to view the training. However, due to the proprietary
nature of the training, the recorded training sessions will not be made public.
About the instructor:
Fred Stachura, a Planning Supervisor for the Maryland National Capital Park and Planning
Commission, will be the instructor for both courses. His bio is attached to this email. The two
training courses are planned to be interactive, and Mr. Stachura will be taking questions
24
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Item 4.
throughout each of the programs.
Questions?
If you have any questions, please do not hesitate to contact me, or the Preservation Delaware
Inc. representatives who are copied on this message.
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/
25
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Item 5.
HI-22-07 Update on Referral of Demolition Activities for 233-239 W.
Loockerman Street - Update on Referral by the City Planner to the Historic
District Commission for Determination of Demolition by Neglect and Review of
Architectural Review Certification for Demolition Activities for existing fire
damaged commercial/residential building. The property was declared a Dangerous
Building by City Council on August 15, 2022. The property is zoned C-2 (Central
Commercial Zone) and subject to the H (Historic District Zone). The property is
located at the northeast corner of West Loockerman Street and South New Street.
The owner of record is SAG Holdings, LLC. Property Addresses: 233-239 West
Loockerman Street and 149 S. New Street. Tax Parcel: ED-05-077.09-01-50.00-
000. Council District 4. The Historic District Commission on October 20, 2022
determined the property to be “Demolition by Neglect” and also requested that the
property be evaluated for saving/reconstruction of the structure.
• Documents regarding this Referral were provided for consideration at the October 20,
2022 Historic District Commission Meeting including:
o Staff Report on HI-22-07
o Items on Property Status from City Planner/Code Enforcement Staff: Cover
Letter, timeline of Events, Excerpt of Asbestos Inspection Survey, and Pre-
Demolition Condition Assessment Report
• October 20, 2002 – Historic District Commission Actions on HI-22-07. See also Notice
of Action Letter HI-22-07 and Draft Meeting Minutes:
o Approved - Motion to determine the property to be “Demolition by Neglect.
o Failed - Motion to approve Architectural Review Certification to allow demolition
of the structure.
o Approved – Motion that the disposition of the property be evaluated for possible
reconstruction and for the continued evaluation of saving the structure (by
referring back to City Planning Staff) based on testimony and potential buyer’s
interest in the building.
• Update on Procedures for Demolition under Dangerous Building Ordinance:
o Letter of October 27, 2022 from City Solicitor on Demolition of 233-239 W.
Loockerman Street
• Updates from City Planner & Code Enforcement Staff on Demolition Activities Process.
This information will be presented verbally at the Historic District Commission Meeting.
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Item 5.
City of Dover
November 3, 2022
SAG Holdings LLC Patrick G. Rock
2001 Market St Suite 2500 Heckler & Frabizzio
Philadelphia PA 19103 800 Delaware Ave Suite 200
Wilmington DE 19801-1367
SAG Holdings LLC Via Email: prock@hfddel.com
160 Rock Hill Rd
Bala Cynwyd PA 19004-2144
RE: Notice of Historic District Commission Action
Referral of Demolition Activities to Historic District Commission, HI-22-07
For Determination of Demolition by Neglect and Architectural Review Certification
Demolition of the Existing Building at 233-239 West Loockerman Street, Dover DE
Tax Parcel: ED-05-077.09-01-50.00-000
Dear Property Owner/ Interested Parties:
This letter is to inform you of the actions taken by the City of Dover Historic District
Commission at their Meeting of October 20, 2022 regarding HI-22-07 Referral of
Demolition Activities for the property at 233-239 West Loockerman Street. It was referred
to the City of Dover Historic District Commission for consideration for a Determination of
Demolition by Neglect and for Review of Architectural Review Certification for Demolition
Activities for the existing fire damaged commercial/residential building.
The subject property at 233-239 West Loockerman Street (also addressed as 149 S. New Street)
is located within the City of Dover’s Historic District Zone. The City Planner and Code
Enforcement Division notified the Historic District Commission of this property being declared
as a Dangerous Building (Zoning Ordinance, Article 10 §3.43). The property was declared a
Dangerous Building by City Council on August 15, 2022. The City of Dover is currently taking
steps to demolish the Building per the Dangerous Building declaration parameters. As such, the
proposed Demolition Activities require review and issuance of an Architectural Review
Certificate (ARC) for construction and demolition activities in the Historic District Zone (Zoning
Ordinance, Article 3 §21.3). The 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 3.2.
The City of Dover Historic District Commission after review of documents and hearing
presentations by City Staff and the property owner’s representative considered the Referral and
took the following actions:
• Approved a Determination that the property located at 233-239 W. Loockerman Street to
be “Demolition by Neglect”
o The Zoning Ordinance defines “Demolition by Neglect” as follows:
Improper maintenance or lack of maintenance of a building, structure or object which
results in substantial and widespread deterioration of the building, structure or object
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service 27
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Item 5.
Letter: Notice of Historic District Commission Action for HI-22-07 Referral of Demolition Activities for 233-239
W. Loockerman Street, Dover DE
November 3, 2022
Page 2 of 2
which threatens the likelihood of preservation and which presents a threat to the public
safety, health and welfare of the immediate community.
• Approved a Motion to require that disposition of the property be evaluated for possible
reconstruction and for the continued evaluation of saving the structure (by referring it
back to City Planning Staff and prospective investors). With this Action, the Historic
District Commission did not grant approval of the Architectural Review Certification that
would have authorized Demolition of the building.
An Update on this Application HI-22-07 has been scheduled for the City of Dover Historic
District Commission at their next meeting of Thursday, November 10, 2022 at 3:30pm. The
Meeting is scheduled as an In-Person Meeting in the City Hall Conference Room at City
Hall, 15 Loockerman Plaza and also as a Virtual Meeting using WebEx, an audio and video
conferencing system. The Meeting Agenda includes information on methods for
participation. A separate meeting invitation to Join the Meeting will also be sent by email
to the available property contacts should you wish to participate virtually. As the property
owner, you are encouraged to participate in this meeting as the property is discussed. Staff will
provide the Historic District Commission with an update on property status, Dangerous Building
procedures, and the Demolition process. The Information for HI-22-07 and the Meeting Agenda
will also be provided to you or can be found on the City’s website www.cityofdover.com under
the Quick Link – Meeting & Agendas once posted.
If you have questions about the Historic District Commission Meeting, please contact the
Planning Office at (302)736-7196 or by email at compplan@dover.de.us or
dmelson@dover.de.us .
Sincerely,
On Behalf of the City of Dover Historic District Commission
Dawn Melson-Williams, AICP
Principal Planner
CC: Mary Ellen Gray, AICP, Director of Planning, Inspections & Community Development
Eddie Koop, Chief Code Enforcement Officer
HI-22-07
Code Enforcement Case File
Attachments:
• Historic District Commission Meeting Agenda for November 10, 2022
• HI-22-07 Information Update documents: Cover Sheet, City Solicitor’s Letter of October
27, 2022
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Item 5.
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Item 5.
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Item 6.
BY-LAWS OF THE HISTORIC DISTRICT COMMISSION
OF
CITY OF DOVER
---------------------------------------
OBJECTIVES
Section 1. The objectives and purposes of the Historic District Commission of the City of
Dover, Delaware, are those set forth in Dover Code, Appendix B, Article 10, Section 3, and
amendments and supplements, thereto, and those powers and duties delegated to the Historic
District Commission by the City Council of the City of Dover pursuant to such statute.
POWERS. DUTIES AND PROCEDURES
Section 2. The duties, powers and procedures of the Historic District Commission are as set
forth in the following documents:
(a) The Ordinance adopted by the City Council establishing such Historic District Commission;
(b) The building Zone Ordinance as to matters relating to the Architectural Plan Review
Certification process, the designation of Historic District boundaries, historic preservation and
the establishment of standards and guidelines for preservation and conservation of Historic
District zones.
OFFTCERS
Section 3.1 The officers of the Historic District Commission shall consist of a Chairman and
a Vice-Chairman.
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Item 6.
Section 3.2 The Chairman shall preside at the meetings and hearings of the Historic District
Commission and shall have the duties usually conferred upon a presiding officer. He shall
continue to exercise the prerogatives of an individual member of the Commission while
performing the duties of presiding officer.
Section 3.3 The Vice Chairman shall be the presiding officer in the absence of the Chairman.
RECORDING AND CORRESPONDING SECRETARY
Section 4. The Commission shall appoint a Secretary who shall not be a member of the Historic
District Commission or an officer, and shall have the following duties and responsibilities:
(a) Prepare agenda for all meetings with the Chairman and provide notice of meetings to
Commission members.
(b) Keep minutes of all meetings, and records of the Commission.
(c) Act as agent for the Commission in receiving submissions, applications, correspondence, etc.
(d) Act as agent for the Commission in arranging for notice of public hearings and notifying
interested parties of Commission actions as authorized by the Commission.
OFFICIAL RECORDS
Section 5. The City Clerk shall be the official custodian of the records of the Historic District
Commission and shall make them available to the public as provided by law. The City Clerk
may designate the office of the Secretary of the Commission or the Planning Office as the place
where such records shall be kept.
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Item 6.
ELECTIONS OF OFFICERS
Section 6.1 The officers shall be elected by the Historic District Commission at the annual
organization meeting which shall be the regular scheduled meeting in November of each year.
Section 6.2 A candidate receiving a majority vote of the entire membership of the Historic
District Commission shall be declared elected and shall serve for one year or until his or her
successor shall take office.
Section 6.3 Vacancies in offices shall be filled by the Historic District Commission at any
scheduled or special meeting.
Section 6.4 The Chairman and Vice-Chairman may serve two appointed terms. (Six Years).
MEETINGS
Section 7.1 The Historic District Commission shall hold one regular public meeting during each
calendar month. The Chairman may cancel a regular meeting upon determination that there is
no pending business or new application for Architectural Review Certificates; however at a
minimum the Commission shall meeting quarterly.
Section 7.2 The monthly meeting date for the coming year shall be established by a majority
of the Commission at its organization meeting of the year. The date of the public meeting can
be changed during the year by a majority of the Commission.
Section 7.3 The Commission will consider all applications concerning matters within its
jurisdiction only at its public meetings. All items to be submitted for consideration at any public
meeting shall be submitted in complete form for Commission consideration not less than thirty
days prior to said meeting. No items submitted subsequent to this time shall be placed upon the
Agenda except by a majority vote of the Commission members present at such meeting. The
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Item 6.
official date of receipt of any matter presented to the Commission shall be the date of the first
public meeting at which such matter is received for consideration. Any maximum time periods
established by the Zoning Ordinance or other local laws limiting the time for consideration of
any matter by the Historic District Commission shall commence on such date of receipt.
Section 7.4 A majority of the membership of the Commission shall constitute a quorum. The
Commission may act on any matter by a majority vote of such quorum.
Section 7.5 All formal votes to record the decision of the Commission on any matter referred
to it shall be taken only by a quorum at a public meeting. By a majority vote of those members
present the Commission may convene in executive session. However, all formal votes to record
the Commission's decision shall only be taken during periods in which such meetings are open
to the public.
Section 7.6 Special meeting may be called by the Chairman or by a majority of the Commission,
providing not less than 24 hours notice by writing or telephone is given to eachmember of the
Commission. Such meetings shall be executive sessions at which no formal votes
shall be taken.
Section 7.7 All public and special meetings shall be held in the City Hall or other public facility
with proper public notification.
AGENDA
Section 8. The Secretary shall prepare the proposed Agenda for each public meeting, with the
Chairman not less than ten days prior to the date of such meeting, and shall transmit a copy of
such Agenda to each Commission member on such date of preparation. No items will appear
on such proposed Agenda except those for which applications or written requests have been
received not less than thirty days prior to the date of the public monthly meeting as set forth in
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Item 6.
Section 7 above. The Commission may amend the proposed Agenda by a majority vote of those
members present.
Section 9.1 The order of business at public meetings shall be a follows:
(a) Roll Call.
(b) Adoption of Minutes of previous meetings.
(c) Approval of Agenda
(d) Communications
(e) Report of Officers and Committees
(f) Old Business
(g) New Business
(h) Referrals, Administrative Reviews, Petitions, Applications and Other Matters presented by the
public.
Section 9.2 The order of business at special meetings shall be as determined by theCommission.
Section 9.3 At all meetings and hearings attended by the public, the Chairman shall make a
brief statement indicating the nature of each item on the Agenda, except that in the case of
petitions, applications and other matters presented by the public, such statement shall be made
by the person introducing the matter.
Section 9.4 Minutes of all public and special meetings of the Commission shall form part of the
records of the Commission and shall be available to the public when duly adopted by the
Commission.
COMMITEES
Section 10.1 The Chairman may appoint special subcommittees of the Commission from time
to time as needed to investigate or research certain matters pertaining to the Historic District
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Item 6.
Commission. Such subcommittees shall consist of at least one member of the Commission and
may also consist of members of the general public. All members shall serve at the pleasure of
the chairman.
PUBLIC HEARINGS
Section 11 The Commission shall hold public hearings as required by statute and applicable
Ordinances of the City and the State of Delaware. In addition to those required by law, the
Historic District Commission may at its discretion hold public hearing when it considers that
such hearings will be in the public interest.
CONFLICT OF INTEREST
Section 12 No member shall vote on any Architectural Review Certificate application where
They have a conflict of interest. A conflict of interest shall at a minimum be any vested interest
by a member or a member's immediate family in a project being reviewed by the Commission
or ownership in property by a member or a member's immediate family that is within 200 feet
of a project being reviewed.
AMENDMENTS
Section 13 These By-Laws may be amended at any time by a majority vote of the entire
membership of the Historic District Commission.
Original Version (retyped 1.9.2004)
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Item 7.
CITY OF DOVER
HISTORIC DISTRICT COMMISSION
DRAFT 11-3-2022
Schedule of application deadlines and Historic District Commission meeting dates for the year of
2023. The submittal procedures for the Historic District Commission are outlined in Zoning
Ordinance, Article 10, Section 3.2. Prior to application submission a Pre-Application Meeting
with Planning Staff is required.
MONTH DEADLINE DATE MEETING DATE
JANUARY 12/16/2022 01/19/2023
FEBRUARY 01/13/2023 02/16/2023
MARCH 02/10/2023 03/16/2023
APRIL 03/17/2023 04/20/2023
MAY 04/14/2023 05/18/2023
JUNE 05/12/2023 06/15/2023
JULY 06/16/2023 07/20/2023
AUGUST 07/14/2023 08/17/2023
SEPTEMBER 08/18/2023 09/21/2023
OCTOBER 09/15/2023 10/19/2023
NOVEMBER 10/13/2023 11/16/2023
DECEMBER 11/17/2023 12/21/2023
JANUARY 12/15/2023 01/18/2024
For Information Contact: City of Dover
Department of Planning & Inspections
15 Loockerman Plaza
P.O. Box 475
Dover, DE 19903
(302) 736-7196 Planning Office Phone
(302) 736-4217 Fax
www.cityofdover.com
Email: compplan@dover.de.us
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