The Bethany Beach Town Council held a public hearing on Tuesday, Oct. 14, to absorb input on a proposed zoning amendment that groups certain decks, walkways and driveways with other buildings that contribute to the allowed 40 percent structure coverage of a lot.

The amendment drew resistance from local builders, realtors and homeowners, while members of the planning commission cited their mandate to protect Bethany Beach's quiet, family resort character.

Decks above 12 inches high are already included with buildings and other permanent structures. The amended ordinance would add lower structures and "impermeable" surfaces like paved driveways.

Residents filled all available seating and lined the back wall of council chambers to take part in the hearing.

Planning commission Chairman Cal Baldwin presented the amendment as a good way to address both density and drainage.

According to Baldwin, Bethany Beach doesn't currently meet all requirements of the state Comprehensive Land Use Plan.

Homeowner Brendan Welch called the drainage issue a smokescreen, noting that, "Lewes allows 70 percent lot coverage and doesn't have Bethany's problems with flooding."

Several residents argued that the amendment would cause a financial hardship. Realtor Phil Hitch presented signatures from local agents who believed that the changes would decrease property values.

Homeowner Steve Wode wondered how the amendment would benefit locals and added that the changes would do little to discourage "McMansions."

"By adding these additional restrictions, you risk getting a square box with a flat roof that looks like a bowling alley," said area builder Mark Dieste.

Dieste suggested that an architectural review board might be a more effective way to address the aesthetic problems that accompany development.

Bill Slavin had concerns about the cost of changing plans in progress and asked the council to delay implementation of the amendment if it passed.

Jim McGrath wanted to know if he could rebuild, after a hurricane for instance, if the amendment causes his home to become "nonconforming."

Town building inspector John Eckrich informed McGrath that he might not be able to rebuild exactly as it was before if the amendment were to pass.

Phil Boesch of the planning commission stood by the proposed amendment, which he called the result of months of discussion about how to prevent the loss of green space.

"I'm here to get some advice on how to do this," said Boesch. "Many residents are afraid that we'll end up cheek [by] jowl like Ocean City."

Homeowner Gloria Farrar put Bethany Beach's changing nature in perspective.

"We built here over 25 years ago," she said. "At that time, zoning was more concerned that the building would be too small, and having a driveway was a requirement."

Council members adjourned the hearing after two-and-a-half hours, but Vice-Mayor Robert Parsons moved to keep the public record open until the town meeting on Friday, Oct. 17.

Reach Sam Harvey at mailto:wave@smgpo.gannett.com

Originally published Wednesday, October 22, 2003