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CITY OF DOVER
HISTORIC DISTRICT COMMISSION
JULY 20, 2023
The Meeting of the City of Dover Historic District Commission was held on Thursday, July 20,
2023, at 3:55 PM (late start due to technical difficulties) as an In-Person meeting in the City Hall
Conference Room (anchor location) and virtually using the videoconferencing system WebEx.
With Chairman Czerwinski presiding, the other members present were Mrs. Mason, Mr. Street and
Mrs. Ellen H. Richardson the newest member. Ms. Horsey was absent.
Mrs. Melson-Williams also noted that the reappointments occurred for Ms. Ann B. Horsey and
Mrs. Mary T. Mason. Mrs. Richardson was welcomed as a new member to the Historic District
Commission.
Planning Office Staff members present were Mrs. Melson-Williams, Mrs. Maretta Savage-Purnell,
Mr. Julian Swierczek, and Ms. Katherine Oehmke.
APPROVAL OF AGENDA
Mrs. Mason moved for approval of the agenda as presented, seconded by Mr. Street, and the
motion was unanimously carried 4-0. Ms. Horsey was absent from the meeting.
ADOPTION OF MINUTES OF THE REGULAR HISTORIC DISTRICT COMMISSION
MEETING OF MAY 18, 2023
Mrs. Richardson moved for approval of the Meeting Minutes of May 18, 2023, seconded by Mr.
Street and the motion was unanimously carried 4-0. Ms. Horsey was absent from the meeting.
COMMUNICATIONS & REPORTS
Summary of Applications for 2022 and 2023
Mrs. Melson-Williams mentioned that included in your packet first is the Summary of
Applications for 2022 and 2023. This includes the Kent County Family Courthouse and Parking
Garage project that you will hear a little bit more about today. I do have Final Plans in my office
for that project. The other item from 2022 is the building on Loockerman Street which of course
was demolished. From 2023, there were a couple of projects. The Parking Lot for 34 The Green
has achieved its Final Plan approval. That was the parking lot improvements associated with the
Kent County Family Courthouse bigger project.
For the Fence Permit that you looked at in May for 147 South New Street, they have been working
on the construction of that fence. She asked if there were any questions on Applications from the
last couple of years; there were none.
Summary of Architectural Review Certifications for 2023
Mrs. Melson-Williams stated that through the end of June, there had been a total of 22 Permits in
the Historic District. Staff have been busy and most of them were eligible for Staff approval except
for one. There are three interior Building Permits projects where there is no Architecture Review
Certification needed. The Historic District Commission was involved in the Fence Permit at 147
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CITY OF DOVER HISTORIC DISTRICT COMMISSION JULY 20, 2023
South New Street that was ultimately approved for a wood fence that would be allowed at 6-feet
in height. Fences and Signs seem to be the leading types of permit applications we've seen for the
first 6 months here of 2023.
Chairman Czerwinski asked about Permit number 23-1025 the Grey Fox Grille and Public House
at 140 S. State Street for windows. It states that all windows follow the same size and
reconfiguration. What are the details of those windows? Usually when you replace those windows,
because those are original sash windows on that building, they're replacing them with I assume
modern. I am kind of curious about what kind of windows they went with.
Mrs. Melson-Williams replied that the windows for that project have to have the same operating
characteristics; so, a double hung window. Some of the windows at that location had previous
storm windows applied to the outside. This is a window project, and they are all different shapes
and sizes. They have to go into the same space, and you can't make the opening smaller or bigger.
They would have the same kind of window grid pattern for the series of lights with them. It is a
project that has some grant funding behind it as part of some of the Downtown Critical
Improvements Initiatives and this will greatly improve energy issues with that building.
Chairman Czerwinski mentioned that it is noted that those windows are the original sash windows
to that building. That's kind of historic nature that they were placing it with modern windows, and
he understands that it's been noted.
Department of Planning & Inspections Updates
Mrs. Melson-Williams mentioned that we have a new Code Enforcement Officer that will be
starting next week in the Department and that will bring us to full staff for the moment. It is of
course the time of year where grass grows; so, a lot of Code Enforcement is dealing with tall grass
issues citywide. This is also the time of year for Business Licensing renewal. There are over 3000
Business Licenses that the City issues each year. Planning Staff continue to be busy with various
Applications and especially Site Plans moving through the various review processes from Planning
Commission or admin processes and then to have them get to Final Plan approvals.
NEW APPLICATIONS -None
NEW BUSINESS
Review of Permits Referred to Commission
HI-23-03 Referral of Sign Permit #23-987 at 43 The Green – Referral by the City Planner to the
Historic District Commission for Review of Architectural Review Certification for a Sign Permit
#23-987 for a 9-square-foot informational kiosk sign inside the fenced property to the left of John
Bell House at 43 The Green. This will be a cork board with a locking plastic cabinet for the posting
of information relating to activities with the First State Heritage Park. The property is zoned RG-
O (General Residence and Office Zone) and subject to the H (Historic District Zone). The property
is located on the southeast corner of The Green. The owner of record is the State of Delaware.
Address: associated with 43 The Green; placement location is 45 The Green. Tax Parcel: ED-05-
077.09-05-29.00-000. Council District 4.
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CITY OF DOVER HISTORIC DISTRICT COMMISSION JULY 20, 2023
The applicant, Ms. Nicole Worthley, has joined us online.
Ms. Nicole Worthley stated that she is the Superintendent of First State Heritage Park and we
oversee the John Bell House which is located at 43 The Green.
Ms. Katherine Oehmke gave a summary of Application HI-23-03. This is an application for a Sign
Permit that was filed for a sign at 43 The Green. They would like to take down the old sign on
Federal Street and use the location on The Green for this new informational kiosk with a locking
faux wood plastic cabinet that will be about 6-feet tall.
Representative: Ms. Nicole Worthley, Superintendent of First State Heritage Park.
Ms. Nicole Worthley stated that the sign we have on Federal Street is in pretty bad disrepair. The
wood is rotting out and we would have to demolish it to replace it anyway. The Biggs Museum of
American Art is no longer the Welcome Center for First State Heritage Park so it doesn't really
make sense for that sign to be there. We are hoping that having the informational kiosk to the left
of the Bell House will provide better information for visitors coming to The Green. As Ms.
Oehmke stated it is plastic, but it's designed to look like faux wood. It'll be that light brown color
that you see on the one side in the photo. Ms. Oehmke stated there are other colors available,
correct? Ms. Nicole Worthley replied yes.
Mrs. Ellen Richardson asked if it would be locked or would the public be able to open it up. Ms.
Worthley replied that yes, it will be locked.
Mrs. Mason mentioned that she thinks it's a great idea. We have been wanting something like this
for years and I think it's wonderful. I think it's a good size.
Chairman Czerwinski asked is there any particular reason why you went with plastic instead of wood or
metal?
Ms. Worthley replied that it lasts longer. Honestly, a lot of the wood signs that have been put up
by First State Heritage Park in the past like this information sign have deteriorated. Our budget
just doesn't support having to fix something every couple years; so, this would just ensure the
longevity of it.
Chairman Czerwinski asked what about the black metal structure instead of plastic. I have a
problem with plastic. You can make plastic look like faux wood. When dirt and water attach to it,
you can tell it’s plastic regardless of its color and if it’s faux wood or not. I have a problem with it
being plastic instead of wood and sticking with the original materials. You are next to John Bell
House, and I would think personally that you probably want to stick with the original wood or
metal.
Mr. Street had a question. The Staff Report references that it's not addressed the standalone
signage. I'm looking through our Guidelines. Where does it talk about standalone signs? Ms.
Oehmke replied on page 5-8 under Inappropriate (third bullet point) which states: “Hanging,
projecting and freestanding signs were typical of the Colonial and Federal periods of architecture.
Their use in the late 19th/early 20th century Loockerman historic context is inappropriate.”
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Mrs. Mason asked Ms. Worthley if she got the prices between wood and plastic. She realizes the
upkeep is less for plastic. Ms. Worthley replied she did not. I only looked at prices and designs by
this company.
Ms. Oehmke asked if the concern with the price (of using wood), was the upkeep? Ms. Worthley
replied yes.
Mr. Street said, if they're going to put a sign up, it should blend in and stand out.
Mrs. Mason mentioned that you might not be able to see it if it blends in. Mr. Street stated that if
you look at our Guidelines, it also talks about signage for pedestrians. Again, we get into the
materials issue where we just want to be able to update.
Chairman Czerwinski mentioned that in this case you’ve got a black metal fence right there. I
would think that a black metal would be more appropriate. The black metal would complement
the fence instead of brown. They are trying to show an exposed wood brown sign which is really
inappropriate. There is nothing exposed that lived there and so it doesn't fit in. Like it says in our
Guidelines, it's inappropriate to have a free-standing sign like that. That's not what bothers me. It's
the materials above everything that need to compliment the John Bell House because we are talking
about the most historic part of Dover. Then you're going to put a plastic sign right on The Green.
I can understand the deterioration of the wood. If that's an issue, then I would think that they should
go with the metal. A black metal sign to complement the fence line. I just find it completely
inappropriate for the plastic sign.
Ms. Oehmke did a quick search from Google for a metal kiosk sign. As you can see from the fact
that is $609 and looking it up real quick here's one and it's $1766. This is probably more in line
with what you're looking for, but there is a significant price difference.
Chairman Czerwinski mentioned that this is a State/National Park that this sign is actually sitting
in. So for me, I think materials are everything. I don’t have any problem with the glass being clear
plastic as long as it is strong.
Mr. Street recommended approval of the request of a sign for Permit #23-987 provided that the
materials of the sign itself be upgraded to either black metal or painted preserved wood. The
motion was seconded by Ms. Mason and unanimously carried 4-0. Ms. Horsey was absent from
the meeting.
Ms. Worthley asked what color do you want the paint to be on the wooden sign? Chairman
Czerwinski replied probably to match the John Bell House or black.
Mrs. Melson-Williams stated that the motion basically grants the Architectural Review
Certification with conditions. So Nicole, what we probably would have you do is provide updated
information with what you're choosing to go with either the black metal or a painted wood option
before we process out the permit. You can work with Staff to submit that revision to the permit.
Ms. Worthley replied okay and thank you so much.
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Revised Request for Architectural Review Certificate
HI-22-03 New Courthouse at South Governors Avenue and West Water Street: Revision for
Fence Alternative – Update on Revision for Fence Alternative and Review of Architectural
Review Certification for this expanded use of six-foot metal fencing in parking lot area. This is
associated with the Site Development Plan Application to permit the construction of a five-story
105,259 GFA government building to serve as the new Kent County Family Court. The proposal
also includes a five-story Parking Structure (425 vehicle parking spaces), parking lot, and other
site improvements. The consolidated property consists of total of 3.7499 +/- acres. The property
is zoned IO (Institutional and Office Zone) and subject to the SWPOZ (Source Water Protection
Overlay Zone), as well as the H (Historic District Zone). The property is 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. Addresses: 415 S. Governors Avenue (Parking Garage), and 445 S.
Governors Avenue (Courthouse). Tax Parcel; ED-05-077.09-03-37.00-000. Council District 4.
Architectural Review Certification for HI-22-03 was recommended for approval by the Historic
District Commission.
Representative: Mr. William (Bill) Lenihan, AIA Owner, Principal -Tevebaugh Architecture
Mr. Lenihan stated that he was representing the State of Delaware and the new Kent County
Family Courthouse.
Mrs. Melson-Williams gave a summary of Application HI-22-03. This is a Permit for the
Revision for a Fence Alternative and Review of Architectural Review Certification for this
expanded use of six-foot metal fencing in parking lot area. Originally you saw the overall
Courthouse project back in 2022. The Application also went through Site Plan review with the
City’s Planning Commission and that's where the Architectural Review Certificate for the entire
project was actually granted. With the previous review of this, you did grant approval for the use
of a 6-foot metal fence in this general area, but it was screening of what we'll call the mechanical
area for the project located at the rear of the building. It is located to the rear of the property;
however, it is going to be more visible from Water Street than previous locations of the fencing
on the property. They are asking, as I noted for a 6-foot-high fence, and it would be a black metal
fence. It does make some changes to the parking lot in that area.
Mr. Lenihan stated that he did bring in a few overall renderings of the Courthouse and the
Parking Structure as Mrs. Melson-Williams mentioned. As you can imagine, with the project and
the scale its cost has risen over time. Right now, we are getting bid packages. The sitework,
foundations, and steel will be coming very shortly, then the balance of the whole envelope. The
whole Parking Structure will be coming in August. Later this summer or early fall will be all the
Interior features. As we're collecting these bids and finding out the true cost of everything, we
are comparing it with our estimates. We are interjecting some Alternates for pricing so when the
prices come in, we can see if we need to adjust things to stay on budget as much as we can. One
of the items as you can see is the bridge connector here between the Courthouse and the Parking
Structure. That is the bridge that goes right from the second-floor chambers for the
commissioners and judges over into a stair tower elevator and to a secure parking area for
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judicial officers. Because it's a security feature we really hope to have that in there, but because
it's a high-ticket item we decided to raise it as an alternate. In doing so, we have the original Site
Plan as we've mentioned. This is our kind of rear service yard with Water Street and South
Governors Avenue. Here in the back, we have our dumpsters, mechanical chillers, generator, and
transformer. We needed this to be a secure area, so we previously had approved a 6-foot-high
fence following this red line here with the gate at both ends. For the balance of that property line,
there is a four-foot-high fence there now and a new one to match the existing one. It would be
the 6-foot fence on the left and the 4-foot fence on the right. These are the previously approved
items, and we will just use them as we go forward. If we do not have judicial parking within the
Parking Garage, we would need to place it here in the parking lot. So, currently the 6-foot-high
fence comes to here (pointing to the plan) and we would extend it for these 6 more parking
spaces over and then down. So, this portion of it here is about 20-feet or so which was
technically visible from Water Street. Now there's another fence in there going 65 feet additional
that could be seen from Water Street. This business is back from Water Street and is in a
neighborhood of 100-feet back. We will have a standard parking lot screening to meet the City of
Dover standards. We will then have vehicles in the parking lot at certain hours of the day as well.
Could you physically see parts of this 6-foot fence in between the plantings and the other
vehicles? Yes, but it will not be a predominant feature because it is so far back. Also, State Street
is way up here. We have over 180 feet plus to where we get into the other structures there. So,
this is an Alternative because the bidding process is going on right now. We are requesting
approval so that we can accept the bid for the bridge or not when it comes in.
Chairman Czerwinski mentioned that he assumed the current Family Courthouse has secure
parking. Mr. Lenihan replied, it does.
Chairman Czerwinski asked if the horizontal bar security fence was being used? Mr. Lenihan
replied, correct. We are using the horizontal bar out to here with the current approval and we
would like to extend it to another 65-feet.
Mrs. Mason mentioned that she was unclear about the border. That's not bordering on the backs
of the houses on The Green, is it? Mr. Lenihan replied as he referred to her house and garage,
that they have (Schmittinger and Rodriguez Law Offices) site here and it goes up to State Street
and then we have the adjacent house. So right now, they have the fence all the way along the
property line. So that style fence will remain and will be the new one which is 4-foot in height
that is on the photo and that will match the existing one. We are asking for a longer portion of
the 6-foot fence here to provide screening, so it is more obscure. That's why it's so tight, there's a
little bit of space in between the sides there.
Mrs. Richardson asked if you want to extend the shadow fence on one side of the judicial
parking but not on the other side. Mr. Lenihan replied that it would go this far down but it would
come around as well. It would go on all sides for security.
Mr. Street added a food for thought. If you go over by Royal Farms at the corner of Saulsbury
Road and North Street, across the street there's a secure facility. They have a chain link fence
with slats, barbed wire and secured gates. I would much rather see this than that. It's for the
Judges and Judicial Staff. It's secured and comes with the territory.
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Chairman Czerwinski asked why it could not be used as a vertical beam instead of a horizontal
one. Mr. Lenihan replied when we were looking, we didn't find vertical ones out of the metal that
provided that level of screening.
Chairman Czerwinski said yes, he was kind of confused because that kind of fence one would
think is scalable, far more scalable than a vertical one if there was an intrusion issue. Mr.
Lenihan replied he did not have the dimensions, but the clear, free air areas are very narrow. It
would be hard to get a perch on them. Chairman Czerwinski the spikes at the top are more
aesthetically pleasing and would create more improvement for security. He asked if the reason
was to obscure vision. Mr. Lenihan replied, the bulk of it is mainly vision.
Chairman Czerwinski asked so this is a secure fence with a secure access, right? Mr. Lenihan
replied yes, this scheme here would have a bifold gate. It would be automatic electric operated
as in the previous scheme. There are definitely trees within the landscaping plan.
Mr. Street asked if there were provisions in the City Code. Mrs. Melson-Williams replied that
there is a provision in the City Code for when parking is across the street from residential. This
would not have that, but there certainly is landscape planting between Water Street and the rear
property there.
Mrs. Richardson asked a question for clarification you've already made the decision that you're
not going to have that bridge in between. Mr. Lenihan replied that he did not know yet and no
decision had been made. We hope to be able to afford the bridge and not have to extend the
parking lot. It's a contingency plan based on what the price of the bids is when they all come and
then we'll have to make a decision quickly which direction we need to go. That's why we're
looking forward to getting this approval.
Mr. Street moved to approve application HI-22-03 as presented for the 6-foot-high security fence
with the alternate option if they need it. The motion was seconded by Chairman Czerwinski. Mrs.
Mason and Mrs. Richardson abstained as they live 2 feet within the project. Ms. Horsey was
absent.
Mr. Lenihan also gave a little update regarding the work at the Box Outlet Site (Parking Lot
Project) is ongoing. The State and the City continue to work together; there's a groundwater
retention area underneath that parking lot that has been installed. That will help with the overall
process and the new storm piping for the intersection flooding and things. It's one component of
that which is being installed on the site. The utility work is going on there and then in the next
following weeks they'll finish the project, the plantings, and the updated parking lot.
On the main site here, the sitework, foundations, and steel for the Courthouse and structure for
the Parking Garage is going to be awarded very shortly. Bids are coming in the next few weeks.
The State procurement system takes a while before you get a Purchase Order. So, later this year
we hope to start the earthwork on this site. The envelope of the building, windows, brick, and the
roof is being bid and it's coming in around mid-August. Interior bids will be towards the
summer.
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Chairman Czerwinski asked about the storm drains and if there was going to be potential work
going out onto the street as well? Mr. Lenihan replied that for the storm drains at the Box Outlet
Site they're mainly just tying into the drainage basins. The City project I think just starts kind of
southeast and goes all the way down to the St. James River. There will be some utility work for
tying into the utilities infrastructure for the project as well as repaving the streets. A section of
Bank Lane will be widened for two-way traffic. There will be a dedicated access way on the
record in the easement for all the owners on State Street here to be able to use that as access
since this part of the alley is going away.
Mr. Street asked if the second access off Governors Avenue is public as well? Mr. Lenihan
replied that it will be used but it will technically be State property. We didn't put the easement
through the middle just in case 100 years from now we need to reconfigure the buildings or
something like that then we wouldn't have the easement right through the middle of the site. It is
not gated.
OLD BUSINESS
Certified Local Government (CLG) Program
Mrs. Melson-Williams stated that as a reminder the City is a participant in the Certified Local
Government program. I haven't heard anything recently on grant opportunities or the future
training efforts. I figure we're in that transition of fiscal years, so we'll certainly keep you
updated on that.
Implementation of 2019 Comprehensive Plan
Mrs. Melson-Williams mentioned there is a Historic Preservation chapter. We are working
related to the Downtown Dover Strategic Master Plan that Mosaic did for the Downtown Denver
Partnership. There is Staff and other folks working and taking a look at some of our Codes and
Ordinances that pertain to the Downtown area. We will likely be bringing forward some
amendments to those codes. We will certainly keep the Historic District Commission briefed
about those. At this point, I don't know if we're making any changes to the Historic District
regulations. Some other elements of how you do development in the Downtown area is what we
have been looking at. There are things that are slightly problematic when you've got buildings
that are property line to property line. How do you do tree planting and how do you do dumpster
control for trash and recycling? We are looking at some of the other bulk standards and parking
requirements as well. So, probably within the next 6 months here will be bringing forth a
package of things that way.
Chairman Czerwinski asked if there were any further questions.
Mr. Street moved to adjourn the meeting, seconded by Chairman Czerwinski, and unanimously
carried 4-0.
Meeting adjourned at 4:39 PM
Sincerely,
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Maretta Savage-Purnell
Secretary
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