FENWICK ISLAND – In spite of some public opposition, legislation to allow higher buildings to accommodate freeboarding is moving ahead in Fenwick Island.
The town council voted 5-1 to pass the first reading of an ordinance that would allow buildings up to 32 feet in height to accommodate 18 to 24 inches of freeboarding — raising a home above predicted flood elevation.
Residents in attendance said they supported the idea of freeboard but didn’t want to see higher buildings allowed in Fenwick Island.
“We have a proposal before us that’s incredibly controversial,” resident John Rymer said. “You all are taking it so lightly.”
Many were surprised to see the proposed ordinance to allow an increase in roof height based on freeboard on the agenda for the Feb. 26 council meeting. The issue has not been discussed at a public meeting since the council announced the results of a freeboarding survey in December. The survey revealed that 190 respondents were in favor of raising building height to allow for freeboarding while 164 respondents were against. Eight were neutral.
In introducing the ordinance last week, Councilman William Weistling said town leaders had been discussing freeboarding since January 2015. He said because the council was divided at the time, a decision was put off in an effort to gather public opinion. After a public meeting in May revealed that many residents were against the idea of adjusting building height to accommodate freeboarding, the idea of a survey came about. It was mailed to homeowners last fall.
“The action that we’re proposing to take today was not a process that was rushed,” Weistling said. “My feeling is the majority of people have spoken.”
He added that there were six property owners who wanted building permits but were waiting to see what the town’s decision on freeboard.
In a statement read by council member Julie Lee, Roy Williams, who was not present, expressed his concern with the proposed ordinance. Lee echoed his sentiments. She said that while she supported freeboard, she did not believe the town needed to raise its longstanding height limit.
“I am opposed to a blanket raising of the height,” she said.
Weistling said he was in support of the ordinance because the survey showed that the majority of people supported the change.
Council member Diane Tingle said Weistling and Langan had indicated during last year’s election that they supported the change.
“If people did not want this why did they vote for them?” she said.
Councilman Gardner Bunting said Fenwick was one of the only towns in Delaware that hadn’t addressed the issue of freeboard, something pushed by FEMA because of sea level rise and the risk of coastal storms. He said there had been times during storms he’d stood in water up to his armpits in his own garage.
“I believe freeboard is the way to go,” he said.
Though the council voted 5-1, with Lee opposed, to approve the first reading, the majority of property owners present used the public comment portion of the meeting to voice their opposition to the change.
Rymer said he couldn’t believe an ordinance change was being based on the recent survey, which some homeowners never received. He recommended more public hearings on the topic.
“Let’s at least try to make this an open process,” he said.
Resident Lisa Benn said the survey respondents represented just a small portion of the town’s overall property owners.
“To say the majority of people want this is flawed,” she said.
Homeowner Dave Reifschneider said the ordinance as written could have unintended consequences.
“Now everyone can build to 32 feet,” he said, adding that the proposed legislation should go back to the town’s charter and ordinance committee for review.
Weistling told him the committee would consider the issue before it returned to the council for a second reading.
Resident Vicki Carmean agreed with Reifschneider that the ordinance would lead to taller homes.
“We all know a 30-foot home can be built to accommodate freeboarding,” she said.
Carmean said that the council members, many of whom were elected just last year, had promised to be “open and transparent” during their campaigns.
“Where have these four people gone?” she said. “We miss them.”
Property owner Mark Tingle noted the opposition to the proposed ordinance but said no one who’d spoken had given an actual reason for their lack of support.
“There are plenty of reasons to do it,” he said. “So the house next door to you is going to be two feet higher, what does it matter?”
Resident Lynn Andrews said it was important to remember that Fenwick Island was between two bodies of water and that regardless of any changes made to allow for more freeboarding the water could not be controlled.
“If we like our little town the way it is why can’t we have it?” she said.