Conditional use request approved for Big Oyster Brewery

Terry RogersBusiness, Headlines, Milford Headline Story

Big Oyster Brewery and Southern Delaware Golf Club were given permission to add two signs in front of their property

At a recent meeting, Milford City Council approved a conditional use request from Big Oyster Brewery and the Southern Delaware Golf Club to erect a free standing sign in front of their Rehoboth Boulevard property. The conditional use was required as the sign was larger than current code permits although a similar sign in front of a business across the street is similar. The request was approved by the Planning Commission with a vote of 5 to 1.

Councilman Dan Marabello asked if there was any opposition from the neighboring communities to the sign and why the one planning commissioner voted against the request.

“I received no written comments and no one spoke at the public hearing before planning,” City Planner Rob Pierce said. “I believe Commissioner [Mark] Redden voted against primarily due to the fact that he felt it didn’t meet the definition by zoning code.”

Councilman Jason James pointed out that although the section of Rehoboth Boulevard past Big Oyster and the Southern Delaware Golf Club were outside city limits, he had concerns about how busy the road was. He had heard complaints about people having to turn right into the brewery and golf club parking lot who felt it was unsafe, so he wanted to be sure the sign was placed far enough back to not be a distraction.

“They have a right of way that was dedicated when they subdivided the lot,” Pierce said. “An additional 15 feet was dedicated and reserved as an easement. The sign would be five feet from the easement area, so it would be 20 feet from the front of the property.”  Pierce indicated that the sign may even be as much as 40 feet from the pavement.

Marabello asked if there would be flashing lights on the new sign. Pierce stated that there are prohibitions against flashing lights on signs, especially those that look similar to emergency response vehicles. Pierce also stated there are brightness requirements related to signs as well as a time limit for static messages. He believed the message could not remain more than six or eight seconds.

“If you remember, a couple years ago, we came in and we split the golf course into two parcels, one was for the restaurant and the other was for the golf course. We explained to you back then why we were doing that. So now we basically would like to take the location of the restaurant and put one common sign there, so that the golf course and the restaurant can use that in combination to advertise specials,” Timothy Johnson, owner of Southern Delaware Golf Course, said. “We may announce ‘it’s a prime rib night or free pickleball. It’s a means for us to tell people what’s going on daily. We have tournaments coming soon. We have the Harry K foundation coming soon. That is the type of thing we want to advertise.”

Johnson continued, explaining that the request would actually be for two signs, one of which would be outside of city limits.

“I get very excited about this. The golf course was closed all for three years. Basically, Matt rebuilt the golf course. Jeff Hamer has done a great job with the restaurant, bringing it back to life. We’ve gone with the coastal look. We’re having a Christmas tree lighting. I’m getting off track here. But December 8, we’re lighting the Christmas tree,” Johnson said. “We built something for the community. People want to come to Milford now. They want to play golf. They’re spending their money here in Milford. We have a lot of employees”

Johnson explained that not allowing the signs would be a hardship as many still think the golf course and restaurant are a private club, harkening back to the days of Shawnee Country Club.

“We have to tell the people that we are open to the public. You are correct, the road is very busy which is why with this sign I can tell them to come in for prime rib night or crab cake night,” Johnson said. “I can tell them we have pickleball. We can get them to come in there, instead of heading towards Lewes, we can get them stay in Milford,”

Johnson explained that he just needed a little more help to get the word out about the golf course and the restaurant.

“I want to get people in the front door of the golf course because they think it’s private. We’re doing a driving range facility so people can, after work, stop and hit golf ball 365 days a year, even if it’s rain and snow, and they can come in and hit golf balls out of the driving range building,”

As far as the setbacks for the sign, Johnson believed they had met the requirements and confirmed there would not be flashing lights that made the area look like a “used car lot.” The plan was to maintain the coastal look Big Oyster was known for.

“I just have a quick question about planning,” James said. “Was it the interpretation of planning and zoning that this sign would qualify since the golf club could be considered a social club?

Pierce stated that the Board of Adjustment granted the variance before the club went to planning and zoning. They approved it as it was a golf club and restaurant. Pierce also clarified that under the sign ordinance, flashing lights or full motion video were prohibited. City Solicitor David Rutt stated that council could place a condition related to the time the sign could flash.

“Could we put something in the ordinance where signs could not be flashing like Christmas lights, so we don’t have this discussion in the future?” Kalesis said. “I’m expecting this to be really nice but maybe we could add that to the ordinance.”

Culotta stated that the ordinance could be amended to read that way. Rutt stated that should be discussed at a future meeting as it did not apply to the vote before council now. There was no public comment for or against the request.

The conditional uses were approved unanimously.

“I vote yes as planning approved it,” Councilwoman Lori Connor said. “I also want to thank you guys. You have done a really nice job. I appreciate that.”

Councilman Michael Stewart and Councilwoman Nirmala Samaroo voted yes based on planning.

“Just judging on how they have done in the past, I think whatever they do is going to be tasteful. If there are some problems that pop up, I’m sure they’ll be able to address them,” Marabello said. “I think what they’ve done thus far has really added to Milford. I want to thank you for what you’re doing there. It looks really fabulous.”

Councilwoman Nadia Zychal also voted yes as it met the requirements of town ordinances.

“I vote yes. The applicant is going through proper variances, through the Board of Adjustments,” James said. “I do believe that this will enhance the visibility of those businesses that are there with proper advertising.”

Councilwoman Katrina Wilson approved the request as it was similar to another sign right across the street and there was adequate frontage for traffic purposes.

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