Matthew S. Meyer Richard E. Hall, AICP County Executive General Manager

Department of Land Use

HISTORIC REVIEW BOARD September 15, 2020 5:00 p.m. Public Hearing Agenda

ZOOM Video Conference beginning at 5:00 P.M. In accordance with Governor Carney’s Proclamation and the Declaration of a State of Emergency, New Castle County is holding all public meetings as telephone and video conferences, utilizing Zoom Meetings until further notice. The appropriate weblink, call-in number(s) can be found at the Historic Review Board Webpage: newcastlede.gov/313/Historic-Review-Board

HRB meetings are held on the 1st (Business Meeting) and 3rd (Hearing) Tuesdays of each month.

ROLL CALL

RULE OF PROCEDURE

OLD BUSINESS

NEW BUSINESS

Case No. 2019-08887: 706 New London Road. (Located on the east side of New London Road, south of the intersection with Wedgewood Road.) (TP 09-005.00-074). Hundred. Code violation case for interior work and demolition without a permit. William Kennedy Post Office and Store ca. 1860. NC21 Zoning. CD 3.

App. 2020-05988: 904 Old Pike. (Located on the west side of Dayett Mill Road, south of the intersection with Old .) (TP 11-014.00-044). . Demolition permit to demolish two non- contributing structures located within the Cooch’s Bridge Historic District. I Zoning. CD 11.

App. 2020-06221: 10 & 12 Pyles Lane. (Located on the south side of Pyles Lane, east of the intersection with New Castle Avenue.) (TPs 10-005.20-135 & 10-005.20-136). . Demolition permit to demolish a ca. 1900 duplex. NC5 zoning. CD 10.

App. 2017-0666-S: 5300 Kennett Pike. (Located on the west side of Kennett Pike, north of the intersection with Pyles Ford Road.) (TP 07-012.00-018). Christiana Hundred. Minor subdivision plan to subdivide an existing parcel into two lots and convert an existing barn to a dwelling. Wm. Peters Ag. Complex (Beers) located along the Brandywine National Scenic Byway. NC2a Zoning. CD 2.

PUBLIC COMMENT

Special Business Meeting to follow immediately after the hearing but no sooner than 5:15 p.m.

ROLL CALL

RULE OF PROCEDURE

OLD BUSINESS

App. 2020-0133-S: 3510 Kennett Pike. (Southern corner of Barley Mill Road and Kennett Pike intersection.) Crooked Billet Subdivision. Christiana Hundred. Resubdivision Plan to subdivide Lot 27 (containing historic dwelling 87 Reads Way, New Castle, DE 19720 www.nccdelu.org Phone: 302-395-5400 Fax: 302-395-5587 and outbuildings) into three individual lots with a common driveway, removal of a ca. 1960 outbuilding / pool house, and conversion of main dwelling to include an accessory dwelling unit. Crooked Billet / Brindley Farm listed on the National Register of Historic Places. S Zoning. Christiana Hundred. CD 2. PUBLIC COMMENT

REPORT OF THE PRESERVATION PLANNER

REPORT OF THE CHAIR

ADJOURNMENT

………………………………………………………………………………………… The next meeting of the Historic Review Board will be a business meeting held on October 6, 2020. Please visit the Historic Review Board homepage for additional time and Zoom Meeting information. …………………………………………………………………………… Individuals needing reasonable accommodations according to the Americans with Disabilities Act call 395-5400 (TT/TTY/TTD: DRS, 1-800-232-5460).

Please Note: The following applications have been rescheduled for the October 20, 2020 Historic Review Board Public Hearing:

App. 2019-0415-S: 2466 Pulaski Hwy. (Centrally located in Route 40, west of the intersection with Glasgow Avenue.) (TP 11-026.00-058). Pencader Hundred. Exploratory Minor Land Development Plan to remove existing impervious, subdivide the parcel into two lots, demolish an existing commercial structure formerly known as The Glass Kitchen (constructed ca. 1951), and construct a 5,400 sq. ft. car wash with associated parking and stormwater facilities. CR Zoning. CD 11.

App. 2020-0438- R/Z: 901 Mount Lebanon Road. (Located on the northwest side of Mount Lebanon Road, northeast of the intersection with Rockland Road.) (TPs 06-075.00-006 & 06-075.00-026). . Historic Overlay rezoning request to rezone 6.82 acres containing a National Register of Historic Places dwelling. Ord. No. 20-089. NC40 zoning. CD 2.

App. 2020-0210-S: 1405 Cedar Lane Road. (Located on the east side of Route 301, 4,600 feet south of Boyds Corner Road.) (TP 13-012.00-045 & 13-012.00-039). St. Georges Hundred. Major subdivision plan (Open Space) to create 230 lots for single family detached dwelling units, create a lot for an existing historic farmhouse (Templeman House, constructed ca. 1830), and show associated improvements. S Zoning. CD 12.

New Castle County Historic Review Board Background Report September 15, 2020

APPLICATION Case No. 2019-08887

PROPERTY OWNER Albert Rossi, Jr. 741 Hamburg Road New Castle, DE 19720

TAX PARCEL 09-005.00-074

LOCATION East side of New London Road, south of the intersection with Wedgewood Road

SUBJECT Demolition without a permit

Affiliated CRS No. N-04009

A Stop Work Notice was issued on August 18, 2020 after a Code Enforcement inspection revealed that demolition of the front porch, side porch, and rear addition were completed without the issuance of a demolition permit. The Code Enforcement inspection revealed that interior work was completed without the issuance of a building permit.

I. Background

Demolition application 2019-16321 appeared before the Historic Review Board in December of 2019 at a public hearing. Preliminary background research completed by Department of Land Use staff indicates that the structure is a mid-nineteenth century, post-office and General Store in the McClellandville area, located north of Newark. During the public hearing, the property owner had indicated to the Historic Review Board that he wished to demolish the structure as it was in poor condition, citing concerns over the current state of the foundation. The HRB inquired if there had been any cost-estimates or scope of work performed on the structure, which the property owner indicated there had not been.

In its evaluation of the property, Department staff found that the structure met the Criteria for Listing pursuant to Section 40.15.110 of the New Castle County Code and therefore found the structure is eligible for Historic overlay zoning. At its January 5, 2020 business meeting, the HRB considered the public testimony as well as the evaluation completed by the Department, and voted to place a nine-month hold on the demolition application in order to encourage the applicant to have the structure historically documented, as well as to pursue alternatives to demolition.

Following the HRB business meeting, Department staff met with the property owner to discuss alternatives to demolition, as well as the potential to have the structure historically documented. The property owner indicated that they wished to only demolish the northern portion (what is believed to be the General Store) of the structure. Staff noted that for any work to be completed, a permit would be required, and further informed the owner that given the historic significance of the structure, the applicant would have to appear before the Historic Review Board a second time in order for the HRB to consider a partial demolition and release another demolition permit. The property owner indicated they did not wish to appear back before the HRB and would wait out the nine-month time period. In subsequent conversations with the property owner, Staff offered to help the owner contact historic preservation groups that may have funding or resources available to help document or preserve the structure, should the owner be interested.

In following months, the Department of Land Use partnered with the University of Center for Historic Architecture and Design (CHAD) to utilize Certified Local Government (CLG) funds to have the structure historically documented due to its threatened nature. In March of 2018, the property owner permitted CHAD to visit the structure for a class. Documentation of the structure was completed in June of this year, at which point it was discovered that several historic portions of the structure were demolished without a permit, as well as a significant amount of interior alterations were completed without a permit.

II. Historic Background

Based on the previous, the structure appears to meet the following criteria listed in 40.15.110 of the New Castle County Code:

• Has significant character, interest, or value as an example of the development, heritage or cultural characteristics of the County, the State or the United States.

o As noted above, the subject property is identified on the 1868 Beers Atlas as a post office and store owned by a William Kennedy which served the residents of the McClellandville. The structure maintains the form of a nineteenth century storefront and dwelling, as well as a notable degree of material integrity. The structure is part of the larger historic context of McClellandville, a mid-nineteenth century historic population center north of the City of Newark. The structure maintains character and value as an example of the development, heritage, and cultural characteristics of New Castle County during the nineteenth century both residentially and commercially.

• Exemplifies the cultural, political, economic, social or historical heritage of the community.

o The structure’s historic use as a post office / store is clear in its architecture and form. As noted earlier, there was also an intention on the owner’s part to add additional adornments on the structure specific to the style of the time. Based on historic maps, the population in McClellandville area began to flourish in the mid-nineteenth century. The structure exemplifies the cultural, social, and historical heritage of the community in its architecture, design, form, and historic use as a post office / store.

• Embodies distinguishing characteristics of an architectural style or engineering specimen.

o The structure embodies distinguishing characteristics of a mid-nineteenth century storefront with decorative elements including dentils and brackets. The structure’s form and organization, such as the parapet roof and cellar door adjacent to the “store” portion of the dwelling, represent the structure’s historic use. Structures maintaining this form and style are increasingly rare on the landscape in New Castle County.

III. New Castle County Code

Section 06.03.020.B B. Demolition of historic structures. 1. The Code Official shall delay for up to twenty (20) working days from receipt of a demolition permit application, the issuance of any demolition permit for any building or structure thought to be over fifty (50) years of age. Within twenty (20) working days of receipt of such permit application, the Code Official shall refer such application to the Historic Review Board for any building or structure thought to be fifty (50) years of age or more, and where the Code Official believes the building or structure demonstrates one or more of the criteria stated in Section 40.15.110 of this Code. If the Historic Review Board determines the building or structure is historically significant, for reasons it shall state in a written opinion to be issued to the Code Official no later than forty-five (45) days from the date of referral of the demolition permit application to the Historic Review Board, the Historic Review Board may order an additional delay in the issuance of the permit not to exceed nine (9) months from the date the written opinion was provided to the Code Official, during which time alternatives to demolition shall be sought. 2. Upon verification by the Historic Review Board that a building or structure of historic significance has been demolished prior to issuance of a demolition permit, the Code Official shall request the County Attorney to take immediate action to prosecute those responsible for the demolition. In addition, the Code Official may withhold building permits for that parcel for one to three (3) years, such determination to be made by the Code Official in writing to the legal owner of the property.

Enclosures: Photos of structure – March 2020 & June 2020 Rule to Show Cause Decision dtd 8.24.2020 HRB Notice of Decision dtd.

Matthew S. Meyer Richard E. Hall, AICP

County Executive General Manager

August 24, 2020

Department of Land Use

NEW CASTLE COUNTY CODE OFFICIAL NOTICE OF RULE TO SHOW CAUSE DECISION

Respondent: Property Owner: 1

ALBERT J ROSSI JR ROSSI ALBERT J JR

741 HAMBURG RD 741 HAMBURG RD

NEW CASTLE, DE 19720 NEW CASTLE, DE 19720

Location of Code Violations: 706 NEW LONDON RD NEWARK, DE 19711

Case #: 201908887

Parcel #: 0900500074

Date of Hearing: August 21, 2020

Date of Decision: August 24, 2020

A Rule to Show Cause (RTSC) Hearing was conducted on August 21, 2020 affording the Respondents an opportunity to provide testimony regarding the Stop Work Notice issued on August 18, 2020 attached hereto and incorporated by reference. The hearing was held at the New Castle County Government Center at 09:33 AM. The following individuals were present:

Mark Veasey Administrative Hearing Officer Anthony Mize Code Enforcement Officer Elizabeth Hatch Planner II Travis Bailey Certified Permit Process Tech

Albert J Rossi Jr Property Owner/Respondent

FACTS:

The hearing officer gave a brief description of the Administrative Hearing Process and appeal process regarding any directive resulting from the hearing. The hearing officer then referred to the Stop Work Notice issued on August 18, 2020, and confirmed due notice had been given.

As depicted in the original violation notice, an inspection was performed on August 20, 2020 and the following violations still remain:

* 06.03.012 PERMITS * 06.03.012(A) PERMITS - REQUIRED

EVIDENCE SUBMITTED:

NCC - Pictures/Documents

Respondent - None Provided

87 Reads Way, New Castle, DE 19720 Phone: 302-395-5555 Fax: 302-395-5545

FINDINGS:

Code Enforcement inspection following a Stop Work posting reveals an open porch and an attached garage have been removed from the structure without first obtaining a demolition permit. Also interior wood framing has been done without first obtaining a building permit.

The property owner Albert J Rossi applied for a demolition permit, however that permit has not been issued. The New Castle County Historic Review Board made Mr. Rossi aware of the historical significance this structure, and informed him that the demolition permit may not be issued until a careful documentation of the structure had occurred. Mr. Rossi states that he removed the structures because they were dangerous.

This matter will be considered at the next New Castle County Historic Review Board meeting on September 15, 2020. Mr. Rossi is directed to stop all work, follow the instructions of that Board, and the New Castle County Code Official regarding correcting these violations.

DIRECTIVE:

Based on the evidence and the testimony, the Respondent is found responsible for the violations. The $300.00 Rule To Show Cause Hearing Fee (per NCC Code Chapter 6, Appendix 4) is deferred, pending the completion of the Historic Review Board directives.

Should the Respondent not meet those directives, the Respondent will have been considered to have allowed the violations to continue and may have to pay the $300.00 RTSC Hearing Fee, and pay $50.00 per day, per violation (there are two open violations pertaining to this case) until the final inspections have passed, and all code violations are corrected.

For further information and guidance, please contact ANTHONY MIZE at (302)395-5036 or by email at [email protected].

FAILURE TO COMPLY WITH THIS DIRECTIVE MAY RESULT IN NEW CASTLE COUNTY TAKING ANY ONE OF THE ENFORCEMENT MECHANISMS OUTLINED IN CHAPTER 6, SECTION 6.12.003 OF THE NEW CASTLE COUNTY CODE.

THIS DECISION MAY AFFECT FUTURE LAND USE APPLICATIONS PURSUANT TO NEW CASTLE COUNTY CODE, CHAPTER 40, SECTION 40.31.901.

YOU MAY APPEAL THIS DECISION PURSUANT TO NEW CASTLE COUNTY CODE, CHAPTER 6, SECTION 6.12.003.

DETAILS OF THE NEW CASTLE COUNTY CODE AND APPEAL PROCESS CAN BE REVIEWED AT WWW.NCCDELU.ORG.

Mark A. Veasey

Administrative Hearing Officer

87 Reads Way, New Castle, DE 19720 Phone: 302-395-5555 Fax: 302-395-5545

Matthew S. Meyer Richard E. Hall, AICP

County Executive General Manager

Department of Land Use

Location of Property: 706 NEW LONDON RD NEWARK, DE 19711

Parcel #: 0900500074

Case #: 201908887

CERTIFICATE OF SERVICE

I, Mark A. Veasey, hereby certify that on this 24th day of August, 2020, I caused a copy of the attached Rule to Show Cause Decision for the above referenced property and Case Number to be served via First Class mail to the following responsible parties at the following addresses:

ALBERT J ROSSI JR 741 HAMBURG RD NEW CASTLE, DE 19720

/s/ Mark A. Veasey

Department of Land Use

87 Read's Way

New Castle, DE 19720

87 Reads Way, New Castle, DE 19720 Phone: 302-395-5555 Fax: 302-395-5545

New Castle County Historic Review Board Background Report September 15, 2020

APPLICATION 2020-05988

APPLICANT / Delaware Division of Historic and Cultural Affairs PROPERTY OWNER 21 The Green Dover, DE 19901

TAX PARCEL 11-014.00-044

LOCATION West side of Dayett Mill Road, south of the intersection with Old Baltimore Pike

SUBJECT Demolition Permit – R & D Outbuildings

Affiliated CRS No. N-00190

A demolition permit was received by the Department of Land Use and was referred to the Historic Review Board pursuant to Section 06.03.020 of the New Castle County Code.

I. Background

Proposed for demolition are two outbuilding structures known as the “R&D” outbuildings that were moved to the Cooch Dayett Mills property in 1976, prior to the Delaware Division of Historic and Cultural Affairs acquiring the property in 1996. Enclosed, the Division of Historic and Cultural Affairs provided a detailed history of the buildings, when they were initially constructed and relocated. Per the enclosed memo, the DHCA is seeking to manage the subject site with the nearby Cooch Homestead Property under a master plan and noted that in addition to the significant amount of work that would be needed to repair the structures, the structures have been determined not relevant to the history of the subject site.

II. Historic Background

1. “R&D Building” (Outbuilding #4) The shop was moved onto the site in 1976. The building is made up of a portion of “a carriage house, c 1790 from Doc Johnson’s property on Main Street” (Newark).

2. “Building near R&D structure” (Outbuilding #3) The building was moved by Ray Johnson to the site in 1976. No further information is available.

III. New Castle County Code

Section 06.03.020.B.1 – Demolition of historic structures

1. The Code Official shall delay for up to twenty (20) working days from receipt of a demolition permit application, the issuance of any demolition permit for any building or structure thought to be over fifty (50) years of age. Within twenty (20) working days of receipt of such permit application, the Code Official shall refer such application to the Historic Review Board for any building or structure thought to be fifty (50) years of age or more, and where the Code Official believes the building or structure demonstrates one or more of the criteria stated in Section 40.15.110 of this Code. If the Historic Review Board determines the building or structure is historically significant, for reasons it shall state in a written opinion to be issued to the Code Official no later than forty-five (45) days from the date of referral of the demolition permit application to the Historic Review Board, the Historic Review Board may order an additional delay in the issuance of the permit not to exceed nine (9) months from the date the written opinion was provided to the Code Official, during which time alternatives to demolition shall be sought.

Enclosures: Background Information provided by applicant

Cooch Dayett Mill Site Outbuildings #3 and #4

Information compiled by Courtney Lynahan, Planner II HCA

In 1996 Delaware Division of Historical and Cultural Affairs took ownership of the Cooch Dayett Mills site located at Old Baltimore Pike. Within the property were original structures relating to the site itself as well as several outbuildings moved to the site by Ray Johnson when the property was owned by him.

In an oral history interview relating to the buildings on the property, Mr. Johnson provided what is the only contextual information relating to these outbuildings:

1. “R&D Building” (Outbuilding #4) The shop was moved onto the site in 1976. The building is made up of a portion of “a carriage house, c 1790 from Doc Johnson’s property on Main Street” (Newark). 2. “Building near R&D structure” (Outbuilding #3) The building was moved by Ray Johnson to the site in 1976. No further information is available.

As part of the Cultural Asset Management Program (CAMP) undertaken by HCA to assess our properties starting in 2009, the R&D building was documented by Bernardon Architects and Frens &Frens. Outbuilding #3 was not. The determination at the time was the building would need extensive work, new plumbing, electric, water, life safety and accessibility if it was ever to be used for a public purpose. The building was also determined to be multiphase construction building off the 18th century portion brought to the site.

The multi phase construction lends itself to the appearance of the outbuildings on the site. As seen in the photos of the buildings, the exterior of both are red batten board siding. Some of the foundations are poured concrete and modern features are attached to both. Based on the information from the oral interviews, as none of the buildings on site came from the same location, it can be deduced that Mr. Johnson put up the siding in an attempt to create a uniform appearance at or after 1976 when they were moved to the site. He also altered the buildings and removed historic context to suit his uses at the time.

At this moment HCA is attempting to unite the Cooch Homestead Property on the other side of Old Baltimore Pike with the mill site under a master plan. Funding due to the current emergency crisis is limited and with structures that are original to the site in need of work and restoration, continuing to maintain outbuildings that are not part of that history is unfortunately impossible. As these buildings were already in some level of deterioration when acquired by HCA and are located in an isolated location on the site, the element of safety is also of concern. Recently another building was broken into and continuing to keep these buildings could continue to entice trespassing and create a chance of injury.

Ultimately these buildings are not relevant to the history of the site in the time period of interpretation or in general to the history of the site. They are not part of the National Register listing of the site and are not under an historic overlay. Unfortunately, any historic context was removed when they were taken to the site and altered in 1976 and all provenance of outbuilding #3 is nonexistent as nothing of its history remains. Outbuilding #4 has been documented and there are plans to do basic documentation of outbuilding #3 prior to demolition.

Outbuilding #3 South

Outbuilding #3 North

R&D (Outbuilding #4) Southwest

R&D (Outbuilding #4) Northwest Documentation:

1. Interview Notes with Ray Johnson re: Buildings History 2. CAMP Assessment November 2009 3. State of Delaware Permission to Demolish

Cooch-Dayett Mill Interview with Ray Johnson by Joan Larrivee and Lynn Riley July 6, 2006

Mill Building • Built ca. 1822-1832 • 4-story

Office Addition • ca. 1956?

Warehouse • Cement structure built ca. 1932 • Concrete block masonry structure built ca. 1948 • Wood structure built ca. 1890 – moved in and added onto warehouse ca. 1932 (was originally part of Mr. Dayett’s barn @ Dayett House). Demolished ca. 2012.

Silo • Moved in from Dayett farm ca. 1932

Engine Room • Concrete building ca. 1890-1900 • Diesel engine served as back-up power source

Sewing Shop • Moved from Dayett farm ca. 1932

Machine Shop/Garage • Originally a tin building ca. 1932-1940 • Corrugated metal. Housed trucks for mill. • Fire occurred in 1959 – replaced tin structure with current building • Mill workers fabricated their own bearings and maintenance items

Outbuilding occupied by Cyclone Distributors • Moved onto site ca. 1976 from Rt. 896 and E. Chestnut Hill Road • Originally used as a repair shop for window sash for Schaeffer Paint • Demolished.

Outbuilding – Blacksmith Shop – AIR/Research (R & D) • Moved onto site ca. 1976 • Part of ca. 1790 carriage house from Dr. Johnson’s property on Main Street in Newark

Outbuilding – behind Cyclone Building • Move onto site ca. early 1970’s? • Had been a garage behind where Burger King is currently located in Newark (Delaware Avenue and Chapel?) • “Housed first Stanley Steamer.” • Demolished.

Outbuilding – between AIR (R & D) and Sewing Shop • Moved in ca. 1976

Scale House near helipad

Grain elevators • one oak inside • one built ca. 1932 • one built ca. 1917

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 1

HISTORICAL AND CULTURAL AFFAIRS CULTURAL ASSET MANAGEMENT PROGRAM (CAMP) Bernardon Haber Holloway Project No. 8135.16-09

Site and Building Assessment Survey Issued: November 16, 2009 (DRAFT)

Site: Dayetts Mills Building: Outbuildings

Address: 100 Dayett Mills Road or 904 Old Baltimore Pike Newark, DE 19701

A. Site / Building Data: A.1 Acreage: 31.96 acres (904 Old Baltimore Pike), 7.73 acres (2029 Sunset Lake Road) and 2.35 acres (2035 Sunset Lake Road). Note: 2029 and 2035 Sunset Lake Road sites are not included as part of this report. A.2 Legislative District: A.2.1 Senator: District 10 A.2.2 Representative: District 24 A.3 Zoning Classification: I-UDC - Industrial A.4 Easements (Y or N): Unknown A.5 Deed Restrictions (Y or N): Unknown A.6 Covenants (Y or N): Unknown A.7 National Historic Register (Y or N): No A.8 Construction Date(s): North Elevator: 19th Century South Elevator: 1930’s R&D Building: Unknown A.9 H&CA Use / Leased / Vacant A.10 Reports Available: A 10.1 Lead Paint: Unknown A.10.2 Asbestos: Unknown A 10.3 Paint Color Sampling: Unknown A 10.4 Environmental (Mold/Mildew): Unknown A 10.5 Previous Conditions Report: Unknown A.11 Plans (Y or N) A.11.1 Cultural Resource Plan: Unknown A.11.2 Maintenance Plan: Unknown A.11.3 Landscape/Horticulture: Unknown A.11.4 Education / Interpretive Plan: Unknown A.11.5 Collections Inventory: Unknown A.11.6 Appraisal Yes

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 2

B. Assessment General Data: B.1 Date of Field Survey: May 12, 2009 B.1.1 Discipline: Architecture B.1.2 Assessor(s): Dale Frens, Carol Quigley B.2 Weather: Sunny, 75 degrees

C. Site Assessment: Refer to Mill and Warehouse Reports.

D. ADA Compliance: D.1 ADA Compliance Summary: The outbuildings at the Mill complex are not accessible. A paved drive leads from the front of the Mill around the Warehouse and could provide an accessible view of the Elevators and Silo. There is no path to the R&D Building. D.2 Parking: See Mill and Warehouse reports. D.3 Sidewalks & Curb Cuts See Mill and Warehouse reports. D.4 Outdoor Seating See Mill and Warehouse reports. D.5 Exterior Entrances Among the elevators, a single metal panel serves as a door at the juncture between the North Elevator and the Silo but is not compliant. The entrance door to the R&D Building is about one riser above grade and is not compliant. D.6 Interior Access D.6.1: Doors Elevators and Silo: None present. R&D Building: Not compliant. D.6.2 Stairs Elevators and Silo: None present. R&D Building: A circular stair leads to the second level and is not compliant. D.6.3: Passageways Elevators and Silo: None present. R&D Building: None present. D.7 Restrooms Elevators and Silo: None present. R&D Building: None present. D.8 Signage Elevators and Silo: None present. R&D Building: None present. D.9 Elevator/Chair Lift Elevators and Silo: None present. R&D Building: None present. D.10 Plumbing Fixtures D.10.1 Drinking Fountains Elevators and Silo: None present. R&D Building: None present. D.10.2 Toilets Elevators and Silo: None present. R&D Building: A single toilet sits in the “stair hall” of the building but is not compliant. D.10.3 Urinals Elevators and Silo: None present. R&D Building: None present. D.10.4 Lavatories Elevators and Silo: None present. R&D Building: None present. D.11 Casework Elevators and Silo: None present. R&D Building: None present.

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 3

D.12 Misc. Notes:

E. Architectural Assessment: E.1 Building Summary: E.2 Building Description E.2.1: Overall Dimensions North Elevator: 20’-6”x20’-6” South Elevator: 20’-6”x20’-6” Silo: 8’-6” Diameter R&D Building: Approx. 25’x30’ E.2.2 Gross Building Area (S.F.): North Elevator: 420 s.f. South Elevator: 420 s.f. Silo: 56 s.f. R&D Building: Approx. 1000 s.f. E.2.3: Number of Levels North Elevator: 4 full-height bins over crawl space South Elevator: 4 full-height bins over crawl space Silo: The single volume is approximately 36’ tall. R&D Building: 2 stories E.2.4: Foundations North Elevator: Stone South Elevator: Stone Silo: Stone R&D Building: CMU E.2.5: Walls North Elevator: Corrugated metal panels over 3x6 wood members laid horizontally South Elevator: Corrugated metal panels over 3x6 wood members laid horizontally Silo: Wood frame with wood siding. R&D Building: Wood frame with vertical board and batten siding. E.3 Key Issues of Significance North Elevator: Good example of 19th century grain storage elevator. South Elevator: Good example of c.1930 grain storage elevator. Silo: Good example of double-wall silo construction (vertical board interior wall with horizontal wrapped exterior board wall and horizontal wrapped tie rods). R&D Building: Historic stone outbuilding adapted to residential use and then used as an office and laboratory. E.4 Exterior Closure E.4.1 Foundation: North Elevator: Uncoursed, rubble stone walls. South Elevator: Concrete Silo: Concrete. R&D Building: CMU Condition: North Elevator: The foundation is in poor condition. Pointing mortar is largely missing,

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 4

and the whole foundation requires repointing and limited stone resetting. South Elevator: The foundation is in good condition. Silo: The foundation is in fair condition. At the south side of the Silo, the foundation has cracked and requires repair. R&D Building: The foundation is in fair condition. At the potting shed, the foundation has settled and that portion of the structure is pulling away from the main part of the house. E.4.2 Exterior Walls: North Elevator: The North Elevator walls are made of 2 wythes of 3x6 plates, set flat and stacked solid, and tied together with header blocks and overlapping corners, clad with vertical panels of corrugated metal siding. South Elevator: The South Elevator walls are made of 2 wythes of 3x6 plates, set flat and stacked solid, and tied together with header blocks and overlapping corners, clad with vertical panels of corrugated metal siding. Silo: The Silo walls are made of vertical 2x6 boards, butted together at their ends, sheathed with painted curved horizontal siding, approximately 3/16” thick, and secured with iron turn-buckles at 4’-0” on centers vertically. The butt joints at the ends of the wrapping siding boards are connected by sheet metal plates and nailed. The vertical joints of the curved siding are flashed with painted metal. R&D Building: Exterior walls are primarily wood frame with painted vertical board and batten siding with wood barge boards and fascias. The west wall of the house has a masonry knee wall of CMU with stone veneer. Condition: North Elevator: The walls of the North Elevator are in fair condition. At the southeast corner of the building, many of the bottom plates have rotted because of continuous contact with the stone foundation. The rotted 3x6 plates should be replaced, the rusted corrugated wall panels should be replaced, and the balance of the metal panels re-secured to the wood walls. Replacement plates and adjacent existing plates should be protected with a borate-based wood preservative. South Elevator: The walls of the South Elevator appear to be in good condition relative to the older North Elevator, but the interior was not accessible at the time of survey. Replacement plates and adjacent existing plates

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 5

should be protected with a borate-based wood preservative. Silo: The exterior walls of the Silo are also in fair condition. Like the North Elevator, moisture from direct with the foundation has resulted in rotted wood at grade. At the interior, the bottom of the vertical wood 2x6’s that have been in contact with the concrete foundation have rotted, and vertical boards installed as part of a previous repair are also rotted. Replacement boards and adjacent existing boards should be protected with a borate-based wood preservative. R&D Building: Masonry walls are in good condition, and frame walls are in fair condition. The potting shed is pulling away from the main body of the house, and should be either demolished or restored. At several places around the perimeter of the building the exterior siding extends too close to the grade and the ends of siding boards are rotted. Rotted siding should be patched or replaced and all of the exterior woodwork should be repainted. E.4.3 Roof Material: North Elevator: The gabled roof is standing seam metal roofing. South Elevator: The gabled roof is preformed metal. Silo: The faceted mansard roof is green asphalt shingles over solid wood decking. A small rectangular addition extends north from the Silo and has a shallow pitched roof sloping toward the North Elevator. R&D Building: Roof material is painted corrugated metal on wood lath. The roofs of the oriel windows are wood shingle. Condition North Elevator: The metal roof is in poor condition. At the south side of the gable, several of the panels have severely rusted at their ends and require replacement. Following repairs, the roof should be painted with an elastomeric coating. South Elevator: The metal roof at the South Elevator is in fair condition and should be painted with an elastomeric coating. Silo: The mansard roof and roof framing at the Silo are in very poor condition. Most of the asphalt shingles are missing as is much of the wood decking, leaving the interior of the Bin open to the weather. The roof of the rectangular extension is almost completely

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 6

missing and requires replacement or temporary protection if roof replacement is not feasible. R&D Building: The majority of the metal roof appears to be in good condition, but should be re-painted. At the potting shed addition, the roof was not accessible as it has been tarped, and requires replacement. The wood shingles on the oriel windows are in fair condition and may require replacement within ten years. E.4.4 Gutters & Downspouts: North Elevator: None present. South Elevator: None present. Silo: None present. R&D Building: A primitive water collection system has been installed at the eave of the potting shed addition. Water is then piped into the potting shed for storage and future use at the utility sink. Condition R&D Building: The water collections system should be abandoned and a new hung-gutter provided. E.4.5 Chimneys: North Elevator: N/A South Elevator: N/A Silo: N/A R&D Building: A single-flue, stucco-faced masonry chimney the small fireplace on the first floor. Condition North Elevator: N/A South Elevator: N/A Silo: N/A R&D Building: The chimney is in good condition. E.4.6 Dormers: N/A Condition E.4.7 Exterior Doors: North Elevator & Silo: A single metal panel provides access to the base of the North Elevator and Silo. South Elevator: A wood board panel at the base of the South Elevator provides access to the lowest level of the structure. R&D Building: There are three exterior board- and-batten wood doors at the building and one wood vertical-board sliding door to access the garage. Condition North Elevator & Silo: The metal panel is in fair condition. South Elevator: The wood panel is in fair condition. R&D Building: The wood doors require minor repairs to operate properly. The sliding door requires epoxy consolidation at the bottom

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 7

ends of several vertical boards. E.4.8 Windows: North Elevator: Hung wood windows are set in two sides of the cupola while the other two sides are fitted with wood louvers. South Elevator: Wood louvers are set in the four openings of the South Elevator cupola. Silo: None present. R&D Building: There are a variety of window types incorporated into this structure. At the north façade is a large wood, multi-light fixed sash oriel window; at the west façade is a much smaller wood multi-light oriel window with the remains of a wood hung window above it; at the potting shed there are two wood horizontal multi-light fixed sash; at the east façade of the second floor there is a set of wood twin casements; and at the garage is a 12-light steel window. Condition North Elevator: The hung wood windows and louvers appear to have been restored recently and are in good condition. South Elevator: The wood louvers are in poor condition and require replacement. Silo: N/A R&D Building: The windows are in fair condition, requiring miscellaneous repairs and epoxy consolidation. The window on the west façade of the second floor is missing and requires replacement. E.4.9 Porches: N/A Condition E.4.10 Cupolas: North Elevator: The North Elevator cupola is clad with painted horizontal wood siding and wood trim and capped with an asphalt-shingle covered hipped roof. The catwalk from the Mill to the cupola of the Elevator is finished with flat seam metal on its walking surface and clad with wood trim on its sides. A 2x4 wood handrail runs along each side. South Elevator: The hipped roof of the South Elevator cupola has lost most of its asphalt shingle roofing. The cupola walls are covered with a mineral cap sheet, painted, with exposed corner boards, wood fascia, and exposed rafter tails. The catwalk to the cupola from the Mill is comprised of a wood deck on wood joists, with the remnants of a wood railing, all unpainted. Silo: N/A R&D Building: N/A

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 8

Condition North Elevator: The cupola at the North Elevator has been recently restored and is in good condition. The condition of the catwalk is unknown but should be assumed to require replacement. South Elevator: The cupola of the South Elevator is in poor condition. Most of the roof shingles have blown off the structure and much of the wood decking probably requires replacement due to extended weather exposure. Cupola walls require replacement siding and trim, and the catwalk requires complete replacement. Silo: N/A R&D Building: N/A E.4.11 Other: Condition E.4.12 Exterior General: Condition North Elevator: The North Elevator is in fair condition. Priorities for repair include repair of the rotted plates at the base of the structure, repair of the standing seam metal roofing, and a new catwalk. South Elevator: The South Elevator is in good condition except for the cupola, which requires extensive repairs, and the catwalk, which requires replacement. Silo: The Silo walls require repairs and painting and the roof requires complete reconstruction. R&D Building: The building is in fair condition. E.5 Interior Construction E.5.1 Cellar: South Elevator: The crawl space has concrete walls, a dirt floor and exposed wood floor joists overhead. Condition South Elevator: The cellar is in good condition. E.5.2 First Floor: North Elevator: The interior of the North Elevator was not accessible. South Elevator: The interior of the South Elevator was not accessible Silo: See E.4.2. R&D Building: The first floor is comprised of an entrance vestibule, living room, stair hall, garage and potting shed. A large oriel window with a window seat provides additional space in the living room. A metal circular stair provides access to the second floor. The entrance vestibule, stair hall, and potting shed

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 9

have brick floors, the floor of the garage is concrete, and the floor of the living space is wood parquet. The walls of the living space and the stair hall are painted wood panels, and the ceiling is a suspended acoustical panel ceiling. The garage walls and ceiling are finished with a combination of painted plywood and batten strips above the concrete knee wall. Condition North Elevator: Not accessible. South Elevator: Not accessible. Silo: See repair notes in Item E.4.2. R&D Building: The building is in fair condition. See also E.4.2. E.5.3 2nd Floor: North Elevator: N/A South Elevator: N/A Silo: N/A R&D Building: The second floor is comprised of a single room that is finished with wood paneling on the walls, a small fireplace in the corner, and a 2x4 acoustical panel ceiling with recessed lighting fixtures. Condition North Elevator: N/A South Elevator: N/A Silo: N/A R&D Building: The second floor is in fair condition. Several of the acoustical panels are missing, exposing a very thin layer of batt insulation that sits on top of the panels. Depending on the use, a new insulated ceiling should be provided. E.5.4 3rd Floor: N/A Condition E.5.5 Attic: Condition E.5.6 Interior General: Condition North Elevator, South Elevator and Silo: See E.4.2. R&D Building: The R&D Building is generally in fair condition. E.6 Misc. Notes:

F. Planning and Estimating 1 Six Month Tasks Last Updated a. Tarp Silo roof $ $500 11/16/09 Total Six Months $ 500 11/16/09

2 One Year Tasks

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 10

a. Repoint North Elevator foundation $ 5,200 11/16/09 b. Replace rotted sections of North Elevator wall $ 21,400 11/16/09 plates c. Reconstruct roof framing and roofing at Silo $ 15,400 11/16/09 d. Repair/paint N. Elev metal siding $ 16,000 11/16/09 e. Repair/paint Silo siding $ 3,600 11/16/09 f. Repair/paint S. Elev metal siding $ 6,400 11/16/09 Total One Year $ 68,000 11/16/09

3. Five Year Tasks a. Demo and patch potting shed at R&D Bldg $ 1,500 11/16/09 b. Replace rotted vertical wall boards of Silo $ 11,200 11/16/09 c. Replace metal roof panel at North Elevator $ 10,500 11/16/09 d. Provide guardrails at catwalks to Elevators $ 30,000 11/16/09 e. Restore cupola of South Elevator $ 15,000 11/16/09 Total Five Years $ 68,200 11/16/09

4. Ten Year Task a. Paint exterior of R&D Building $ 6,000 11/16/09 Total Ten Years $ 6,000 11/16/09

GRAND TOTAL $ 142,700 11/16/09

G. Photographs

Photo 1 – North Elevator and Silo Photo 2 – West Elevation of South Elevator

Photo 3 – West wall of North Elevator and Photo 4 – North, Round, and South Elevator north wall of South Elevator roofs

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 11

Photo 5 – Cupola of North Elevator Photo 6 – Cupola of North Elevator from Mill

Photo 7 – Cupola of South Elevator Photo 8 – Cupola of South Elevator

Photo 9 – Base of Silo Photo 10 – Elevators at ground level

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 12

Photo 11 – Iron turnbuckles at Silo Photo 12 – Rot at base of Silo

Photo 13 – Replacement boards at interior of Photo 14 – Interior of Silo, looking Silo up

Photo 15 – Ground level of South Elevator Photo 16 – Interior of Silo extension, looking up

Photo 17 – R&D Building, Southwest corner Photo 17 – R&D Building, West Elevation

Dayett Mills - Outbuildings November 16, 2009 CAMP Assessments Page 13

Photo 19 – R&D Building, North Elevation Photo 20 – R&D Building, South Elevation

Photo 21 – R&D Building, oriel window Photo 22 – R&D Building, circular stair

Photo 23 – R&D Building, entry Photo 24 – R&D Building, first floor

May 20, 2020

New Castle County Department of Land Use 87 Reads Way New Castle, Delaware 19720

Re: Buildings at 904 Old Baltimore Pike, Newark DE

Dear Land Use Official:

The State of Delaware Division of Historical and Cultural Affairs (HCA) is the owner of the Cooch-Dayett Mill property located at 904 Old Baltimore Pike, Newark, Delaware (TP # 1101400044). This property contains the National Register listed Cooch-Dayett Mill. It also contains buildings that were brought into the property from another location by a previous owner decades ago. The original location of the two buildings is unknown. The buildings are non-contributing to the National Register listed mill and their original function is unknown. The two buildings have been vacant and do not serve any function as part of the State’s operations at this site.

This letter serves as the State of Delaware Division of Historical and Cultural Affairs’ authorization to demolish the two non-contributing vacant buildings located in a field west of Dayett Mills Road and the mill race.

Thank you.

Sincerely,

Lynn Riley Planner IV

New Castle County Historic Review Board Background Report September 15, 2020

APPLICATION 2020-06221

APPLICANT / Greggo & Ferrara, Inc. PROPERTY OWNER 4048 New Castle Avenue New Castle, DE 19720

TAX PARCEL 10-005.20-135 & 10-005.20-136

LOCATION South side of Pyles Lane, east of the intersection with New Castle Avenue

SUBJECT Demolition Permit

Affiliated CRS No. N/A

A demolition permit was received by the Department of Land Use and was referred to the Historic Review Board pursuant to Section 06.03.020 of the New Castle County Code.

I. Background

The duplex located at 10 & 12 Pyles Lane appears to have been constructed ca. 1900, a time when early suburban development between New Castle and Wilmington was occurring. The current property owner, who owns the adjacent construction company, acquired the two parcels in March of this year and is seeking a demolition permit in order to expand their storage yard. The structure appears to have been modified throughout the years and appears to be be in very poor condition based on the photographs supplied to the Department of Land Use.

II. Historic Background

As noted above, the duplex located at 10 & 12 Pyles Lane was likely constructed ca. 1900, perhaps around the same time Hamilton Park1, the suburban neighborhood directly to the north of the subject site, was developed. The duplex is visible in 1926 aerials , as shown below. Based on deed research, each side of the duplex was passed between ownership of different parties between 1950 and 1987. As early as 1935, the duplex was situated on a six-acre parcel on Pugh’s Lane (now Pyles Lane) and was largely surrounded by farmland. It is possible to speculate that the duplex may have been housing for tenants as part of a larger farm seen in the historic aerials; however it has not been confirmed to date.

1 Established in 1906

1926 Aerial

The duplex is a two-story, four-bay, wood-frame structure covered by a low-pitched, shed-roof. Each side of the duplex is accessed by a single-leaf door located on the west and east side of the primary (northern) façade. The fenestration pattern is regular in nature, with four, one-over- one, vinyl replacement windows located on the first story between each entry and four one- over-one, vinyl replacement windows located in the second story. The structure is vernacular in style but appears architectural details were added to stylize the façade, such as decorative brackets are located in the eaves of the roofline.

Enclosures: Applicant Photos

10 & 12 PYLES LANE

PRESENTED BY NICHOLAS FERRARA IV & MARIO GANGEMI ON BEHALF OF GREGGO & FERRARA, INC.

THANK YOU FOR YOUR TIME.

Questions? New Castle County Historic Review Board Background Report September 15, 2020

APPLICATION 2017-0666-S

APPLICANT Grant Gregor Merestone Consultants, Inc. 5215 W Woodmill Drive Wilmington, DE 19808

PROPERTY OWNER Mun S. & Yong H. Lee 5300 Kennett Pike Wilmington, DE 19807

TAX PARCEL 07-012.00-018

LOCATION West side of Kennett Pike, north of the intersection with Pyles Ford Road, Brandywine National Scenic Byway

SUBJECT Exploratory Minor Subdivision Plan

Affiliated CRS No. N-00540

The Department of Land Use received the proposed minor subdivision plan, which was referred to the Historic Review Board pursuant to Section 40.15.010.B of the New Castle County Code.

I. Background

The subject parcel at 5300 Kennett Pike, is located along the designated Brandywine National Scenic Byway, and was once a functioning agricultural complex dating to the early to mid-nineteenth century. While the surrounding landscape along the Kennett Pike has evolved over time, the ten-acre parcel remains as an example of early nineteenth century agricultural development of the Brandywine Valley in Delaware. While the majority of agricultural structures have since been demolished, the subject site contains a main dwelling and a large, stone bank barn that are set back from the Kennett Pike. A pond is located in the northeastern portion of the property, closer to the roadway. The topography of the site is lower along the roadway, and rises to a hill on the west side of the parcel, where the house and barn are located.

The minor subdivision plan proposes to subdivide the ten-acre parcel into two lots, with the eventual plan being to convert the historic bank barn into a dwelling. As indicated on the plan, there is existing landscaping along the Kennett Pike, as well as a conservation easement along the eastern (front) portion of the property. The property has been identified in the Brandywine Valley National Scenic Byway as contributing to the byway’s intrinsic qualities as it possesses historical, natural, and scenic qualities that contribute to the byway’s significance.

II. Historic Background

Located just south of the historic town of Centreville, the subject property was owned by the Nichols family according to the 1849 Rea & Price Map. By 1868, the property had passed hands to a William Peters (Beers Atlas). The 1881 Hopkins Map indicates that the property, comprised of 122 acres, had once again passed hands to a William Bright. Historic aerials indicate that the property largely remained unchanged over time, despite the property changing hands over the centuries. The current owner acquired the property in 2017 from the DePaulo family who had owned the property since the 1980s.

1849 Rea & Price Map

1868 Beers Atlas

1888 Hopkins Map

III. New Castle County Code

Section 40.15.010(B) of the New Castle County Code states the following for consideration of subdivision plans:

“No subdivision or land development plan affecting a historic zoning district or any property which is eligible to be zoned H (Historic) may be approved by the Department without the prior review and recommendation of the Historic Review Board. In determining the nature of the review required by this paragraph, the Historic Review Board shall consider all features of the subdivision and/or land development plan, including the landscape plan, building design, scale and location, lot size, proposed signage, relationship to adjacent properties and buildings and archaeological potential to determine whether the subdivision or land development will be in accordance with the interest and purposes of Division 40.15.000.”

Enclosures: Minor Subdivision Plan CRS Forms Site Visit Photos

GENERAL NOTES ZONING MAP #8 VICINITY MAP 6&$/(  “

WILMINGTON & SITE OLD KENNETT ROAD KENNETT TURNPIKE

PLAN DATA

PARCEL IDENTIFICATION No. * 07-012.00-018

ZONING DISTRICT * NC2A (SINGLE FAMILY, 2 ACRE)

SEWAGE DISPOSAL * PRIVATE SEPTIC SYSTEMS

SEPTIC SYSTEM FEASIBILITY HAS BEEN SATISFACTORILY ESTABLISHED FOR EACH LOT IN THIS SUBDIVISION. THE FEASIBILITY INDICATES ONLY THAT, AT THE TIME OF TESTING, THERE WAS AT LEAST ONE AREA ON EACH LOT THAT COULD MEET THE STANDARDS FOR AN ON-SITE SEWAGE CONSERVATION EASEMENT DISPOSAL SYSTEM. FEASIBILITY IS NOT A DESIGN APPROVAL AND DOES NOT IMPLY A GUARANTEE THAT SUCH APPROVAL CAN BE OBTAINED. SUCH FACTORS AS BUILDING SIZE AND USE, AND PLACEMENT ON THE LOT, AND LOCATION OF WATER WELLS (IF APPLICABLE) WILL INFLUENCE THE FINAL DESIGN. NO BUILDING PERMITS WILL BE ISSUED WITHOUT REVIEW AND APPROVAL OF A CONSERVATION EASEMENT DETAILED DESIGN FOR EACH LOT.

WATER SUPPLY * PRIVATE WELLS

WETLANDS BOUNDARY & CONSERVATION EASEMENT TABLES WATER SUPPLY IS SUBJECT TO THE APPROVAL OF THE DELAWARE STATE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL AND THE DELAWARE DEPARTMENT OF PUBLIC HEALTH.

OWNERS * MUN S. LEE AND YONG H. LEE 5300 KENNETT PIKE WILMINGTON, DE 19807

AREAS * TOTAL AREA = 10.0030 ACRES

HORIZONTAL DATUM * DELAWARE COORDINATE SYSTEM OF 1983/CORS

VERTICAL DATUM * NAVD 88 * GEOID 12-A (ESTABLISHED BY GPS SURVEY) TOPOGRAPHIC INFO

SOURCE OF TITLE * INSTRUMENT No. 20170726 0037751

MONUMENTS * EXISTING (2) * PROPOSED (0)

PURPOSE OF PLAN

THE PURPOSE OF THIS PLAN IS TO SUBDIVIDE TAX PARCEL NO. 07-012.00-018 INTO TWO (2) LOTS AS SHOWN.

APPLICATION No. 2017- 0666-S EXPLORATORY SKETCH RECORD MINOR SUBDIVISION PLAN FOR PROPERTY KNOWN AS LEGEND LOT No. 1 - PEARCE SUBDIVISION ALSO KNOWN AS PROPERTY LINE 5300 KENNETT PIKE EASEMENT LINE SITUATE IN CENTERLINE CHRISTIANA HUNDRED TREELINE NEW CASTLE COUNTY - STATE OF DELAWARE LIMIT OF DISTURBANCE SSF/LOD SSF/LOD EXISTING PROPOSED ZONING SCALE: 1" = 60'

CONTOUR 8 SPOT ELEVATIONS X (18.50) CULVERT (w/F.E.S.) 15''RCP GRAPHIC SCALE

FENCE LINE X X X X 60' 30' 60' 120' 240' OVERHEAD ELECTRIC

WETLANDS CAPPED REBAR SET DEDICATION DETAIL ( IN FEET ) CAPPED REBAR FOUND 1 inch = 60' ft. SCALE: 1" = 20' REBAR FOUND

CONCRETE MONUMENT FOUND

CONCRETE MONUMENT TO BE SET CERTIFICATE OF OWNERSHIP: C E R T I F I C A T I O N O F A C C U R A C Y SOIL BORING C E R T I F I C A T E O F P L A N A P P R O V A L I, MUN S. AND YONG H. LEE HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE PROPERTY

MAIL BOX MB KNOW AS 5300 KENNETT PIKE (TAX PARCEL No. 07-012.00-018) WHICH IS THE SUBJECT OF THIS I, GRANT H. GREGOR, HEREBY CERTIFY THAT I AM A REGISTERED PROFESSIONAL LAND APPROVED BY PLAN AND THAT THE LAND USE ACTION PROPOSED BY THIS PLAN IS MADE AT OUR DIRECTION SURVEYOR IN THE STATE OF DELAWARE, AND THAT ALL THE INFORMATION ON THIS PLAN IS DATE GENERAL MANAGER SIGN AND THAT WE AUTHORIZE THIS PLAN TO BE RECORDED IN ACCORDANCE WITH THE TRUE AND CORRECT TO THE ACCURACY REQUIRED BY ACCEPTED SURVEYING STANDARDS AND EXISTING BOLLARD REGULATIONS OF THE NEW CASTLE COUNTY UNIFIED DEVELOPMENT CODE. PRACTICES AND BY THE NEW CASTLE COUNTY UNIFIED DEVELOPMENT CODE. FOR DEPARTMENT OF LAND USE OF NEW CASTLE COUNTY 5215 WEST WOODMILL DRIVE 33516 CROSSING AVENUE, UNIT 1 02/05/2020 NCC COMMNENTS GHG WILMINGTON, DE 19808 FIVE POINTS SQAURE APPROVED BY EXISTING TREE 02/02/2018 NCC COMMNENTS JDZ PH: 302-992-7900 LEWES, DE 19958 MUN S. LEE DATE GRANT H. GREGOR DATE DATE GENERAL MANAGER FAX: 302-992-7911 PH: 302-226-5880 * FAX: 302-992-7911 FOR COUNTY COUNCIL OF NEW CASTLE COUNTY POSTAL ADDRESS 206 DATE REVISION CHKD. DRAWN BY: NWM DATE: 27 JUNE 2017 SHEET#: 1 OF 1 K:\proj\23916 Kennett Pike, 5300\DWG\23916 Kennett Plans.dwg, -328241 Exploratory Plan, 2/6/2020 10:56:50 AM, ggregor, DWG To PDF.pc3, ARCH D (24.00 x 36.00 Inches), 1:1, ViewPort Scale 1:1, x 36.00 Inches), D (24.00 ARCH DWG To PDF.pc3, ggregor, AM, 2/6/2020 10:56:50 Plan, Exploratory -328241 Plans.dwg, Kennett 5300\DWG\23916 Pike, Kennett K:\proj\23916 YONG H. LEE DATE ‹0(5(6721(&2168/7$176,1& PLAN #: 23916-328241

MEMORANDUM

TO: New Castle County Historic Review Board

FROM: Betsy Caufield Planner II, Historical Review

SUBJECT: App. 2020-0133-S Penn’s Grant at Crooked Billet Deed Restriction, Lot 28

DATE: September 15, 2020

At its July 7, 2020 business meeting, the Historic Review Board considered the proposed minor subdivision plan for Crooked Billet. The plan proposes to subdivide the existing 3.25+ acre property containing the historic dwelling, associated carriage house, and modern pool house into three lots accessed by a shared drive. The Historic Review Board recommended conditional approval of the proposed subdivision plan, with the following condition:

The applicant rezone Lot 27 and Lot 29 to include an Historic overlay district, as well as to record a deed restriction for Lot 28, to be reviewed by the Department in conjunction with the Historic Review Board, to ensure that the new lot maintains appropriate character that is sensitive to the historic structures.

The applicant plans to proceed with the rezoning of Lots 27 and 29 (Crooked Billet dwelling & carriage house) to Historic overlay zoning in the following months following the recordation of the minor subdivision plan.

Attached for consideration is a proposed deed restriction for Lot 28, which will include a newly constructed dwelling, requiring that improvements to Lot 28 must be compatible with the historic materials and context of the surrounding lots.

Enclosures: Proposed Deed Restriction

Tax Parcel No.: 07.030-10.007

Prepared by and Return to: Michael J. Hoffman, Esquire Tarabicos Grosso, LLP One Corporate Commons 100 West Commons Boulevard, Suite 415 New Castle, Delaware 19720

DECLARATION OF RESTRICTIONS FOR LOT 28 OF PENN’S GRANT AT CROOKED BILLET

THIS DECLARATION OF RESTRICTIONS FOR LOT 28 OF PENN’S GRANT AT

CROOKED BILLET (this “Declaration”), is hereby made this ____ day of ______,

2020, by CROOKED BILLET, LLC, a Delaware limited liability company (hereinafter referred to as the “Declarant”).

WHEREAS, Declarant is the owner of that certain parcel of land situate in Christiana

Hundred, New Castle County, and State of Delaware, being identified on the tax maps of New

Castle County as tax parcel number 07.030-10.007, consisting of approximately 3.25 acres of land, more or less, previously identified as Lot 27, and as shown on the Record Minor Land

Development Plan for Penn’s Grant at Crooked Billet, prepared by Landmark Science and

Engineering, last dated [DATE], as may be amended hereafter, to be recorded in the Office of the

Recorder of Deeds in and for New Castle County and State of Delaware (the “Plan”), being more particularly bounded and described on Exhibit “A” attached hereto and made a part hereof; and

WHEREAS, the above-described Plan subdivides the former Lot 27 into three (3) residential lots: the new Lot 27 comprised of the existing Crooked Billet historic home (the

“Historic Structure”), Lot 29 comprised of the existing Crooked Billet carriage house (the

00046667.DOCX.6

“Carriage House”), and Lot 28 which will include a to-be-constructed residence (the “New

Structure”); and

WHEREAS, Lot 27 and Lot 29, in acknowledgement of their historic character and upon recommendation from the Historic Review Board, will be placed within an Historic Overlay zoning district to protect the historic and architectural character of the Historic Structure and the

Carriage House; and

WHEREAS, in an effort to promote harmony amongst the lots within Penn’s Grant at

Crooked Billet, the Historic Review Board recommended that Lot 28 (hereinafter, the “Property”) contain a deed restriction requiring consistency with the exteriors of the structures on Lot 27 and

Lot 29; and

WHEREAS, in accordance with the foregoing, and for the benefit of Declarant, its successors and assigns, as well as for New Castle County, Declarant desires to subject the Property to the restrictive covenants contained herein.

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Declarant does hereby covenant and declare for itself, its successors and assigns, that Declarant shall and does hereby stand seized of the Property, which Property shall henceforth be subject to the following agreements, covenants, conditions, and restrictions (“Real Covenants”), which Real

Covenants shall be deemed to run with the land in perpetuity and which Real Covenants are hereby imposed for the benefit of New Castle County, a political subdivision of the State of Delaware, its successors and assigns:

1. The exterior of any structure constructed on the Property shall be in harmony with the Historic Structure and Carriage House located on Lot 27 and Lot 29, respectively, by including some or all of the following features: simulated divided lite windows, high quality asphalt roofing,

00046667.DOCX.6 2 gutters and downspouts reflecting a bronze appearance, solid wood front door with divided lite glass, working shutters and hardware, and Artisan siding, stone, and stucco.

2. The foregoing Real Covenants are hereby imposed for the benefit of New Castle

County, and may not be altered, amended, or modified in whole or in part, without the approval of

County Council and applicable law.

IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed and sealed by ______, Member of Crooked Billet, LLC, the day and year first above written.

00046667.DOCX.6 3

CROOKED BILLET, LLC

______(Seal) Witness [NAME], Member

STATE OF DELAWARE ) ) SS. NEW CASTLE COUNTY )

The foregoing instrument was acknowledged before me this _____day of ______2020, by [NAME], Member of Crooked Billet, LLC, a Delaware limited liability company, party to this Declaration, known to me personally to be such and acknowledge this Declaration to be his act and deed and the act and deed of said corporation.

Notary Public______Print name: My Commission Expires:

00046667.DOCX.6 4 APPLICATION NO. 2020-0133(S) RECORD MINOR LAND DEVELOPMENT PLAN

FOR NORTH PENN'S GRANT AT CROOKED BILLET CHRISTIANA HUNDRED - NEW CASTLE COUNTY LOCATION MAP 1"=800' DELAWARE

BARLEY MILL ROAD ( ROUTE 141 ) (S) COUNTY, DELAWARE 2020-0133 NEW CASTLE PENN'S GRANT

NORTH APPLICATION NO. HUNDRED - AT CROOKED BILLET RECORD MINOR LAND DEVELOPMENT PLAN CHRISTIANA

KENT ROAD APPROVAL BLOCK DEPARTMENT OF LAND USE SUITE 140 SUITE 400 FAX (302) 323-9461 FAX (302) 323-9461 NEWARK, DE 19713 ABERDEEN, MD 21001 201 RESEARCH BLVD., PHONE (410) 939-2144 PHONE (302) 323-9377 200 CONTINENTAL DRIVE WWW.LANDMARK-SE.COM BRINDLEY INFO @ LANDMARK-SE.COM WAY INFOMD @ LANDMARK-SE.COM Science & Engineering

KENNETT PIKE ( ROUTE 52 ) Landmark

CR-01 NORTH

200 CONTINENTAL DRIVE APPLICATION NO. 2020-0133(S) SUITE 400 DEPARTMENT OF LAND USE RECORD MINOR LAND DEVELOPMENT PLAN NEWARK, DE 19713 APPROVAL BLOCK PHONE (302) 323-9377 FAX (302) 323-9461 WWW.LANDMARK-SE.COM INFO @ LANDMARK-SE.COM PENN'S GRANT AT CROOKED BILLET

Landmark201 RESEARCH BLVD., CHRISTIANA HUNDRED - NEW CASTLE COUNTY, DELAWARE Science & Engineering SUITE 140 CR-02 ABERDEEN, MD 21001 PHONE (410) 939-2144 FAX (302) 323-9461 INFOMD @ LANDMARK-SE.COM