A New Castle City Board of Adjustment Hearing took place
on December 6, 2005 at 7:30 p.m. in the City of New Castle’s
Town Hall.
Present: Mayor John F. Klingmeyer
David Athey, City Engineer
Gerard Kavanaugh, City Solicitor
Jeff Bergstrom, Building Official
Don Lisky, Morris, Nichols, Arsht and Tunnel
Dave Jones, Founder of Pencader Business & Finance Charter
School, Applicant
Mayor Klingmeyer called the meeting to order at 7:30 p.m.
by Mayor Klingmeyer. Roll call was taken. Mayor Klingmeyer
read the Notice of Public Hearing that states, “An application
has been filed by 4048 Associates LLC, 4048 New Castle Avenue,
New Castle, Delaware 19720 for a variance to permit the operation
of a high school to be named Pencader Business and Finance
Charter High School on property they own at 170 Lukens Drive
in Riveredge Business Park, New Castle, Delaware.
Under the terms of the City of New Castle zoning code, a
school is not permitted as a matter of right in an IOP zone.
However, pursuant to Section 230-24B of the zoning code, a
commercial use which is not otherwise permitted as a matter
of right under the IOP zoning classification, is permitted
provided a special exception is granted by the City of New
Castle Board of Adjustment.
For the purpose of considering this application, the Board
of Adjustment will hold a public hearing on Tuesday, December
6th, 2005, at 7 p.m. in Old Town Hall, 2nd Floor, located
at 2nd and Delaware Street, New Castle, Delaware.”
Messrs. Lisky and Jones came forward to make their presentation.
Mr. Lisky informed he appears on behalf of 4048 Associates
LLC, which is part of the Greggo & Ferrera family of companies
and owns an existing office building at 170 Lukens Drive in
the Riveredge Business Park. The property is zoned industrial
office park. The existing office Building consists of a two-story
structure containing approximately 43,000 square feet of office
space. Two previous tenants have vacated the building. The
building has been empty for two plus years. The Pencader Business
and Finance Charter High School has expressed an interest
in leasing the building. They will be a public high school
open to students in New Castle County. This institution was
chartered in 2005 by the Delaware Department of Education.
It will be Delaware’s first high school where the focus
is on business, finance and entrepreneurship. The primary
goal of the school is to deliver instruction to students that
will enable them to be successful in business and the financial
services industry immediately following high school graduation
as well as those students wishing to continue into post-secondary
education in business and finance.
Mr. Jones then presented a brief overview of the project.
Mr. Lisky added that under the terms of the New Castle zoning
code a high school is not permitted as a matter of right in
an IOP zone, although a daycare center, preschool and nursery
school are allowed. Pursuant to Section 230-24(B) of the zoning
code, a commercial use which is not otherwise committed as
a matter of right
New Castle City Board of Adjustment Hearing
December 6, 2005
Page 2
under the IOP is permitted provided this Board grants a special
exception. (Mr. Lisky continued with his presentation.) Students
will be encouraged to intern with local businesses, many within
walking distance. The use of the property for this school
will not interfere or create conflict with other neighboring
property. Students will arrive at approximately 7:30 a.m.
and leave approximately 2:30 p.m. Nearly all students will
arrive by bus with a small percentage commuting by automobile.
There is ample utility infrastructure to support the school.
The school will provide a source of revenue from property
taxes and utility services and it will be an educational resource
for New Castle. It will provide a source of employment for
students who will be encouraged to intern at local facilities.
Mayor Klingmeyer asked if they had been to the Planning Commission.
Mr. Lisky informed that it is their understanding that as
an existing facility it is not necessary.
(Discussion about how the school differs from a liberal education,
how the curriculum compares to other high schools, parking
and location took place.)
The Mayor asked about the number of students who will be attending.
Mr. Jones said the overall plan calls for 800 to be phased
in over a period of time.
Mr. Kavanaugh asked if the Department of Education has approved
this facility for a high school and Mr. Lisky informed it
has been approved.
Mr. Athey expressed concerns about issues or problems with
students.
Mr. Jones informed he has visited many of the businesses there
and advised them to report any problems to him. Mr. Athey
followed with another concern about other businesses and the
traffic versus delivery vehicles. Mr. Jones did not feel this
would be an issue based on the school’s hours.
Mayor Klingmeyer asked how many will be bussed because of
the large geographic area. Mr. Jones said they would designate
“hubs” where students would be picked up by busses.
They will know by mid-May exactly how many students will be
coming from where and where the hubs will be. He will be happy
to provide that information.
David Bird asked about the square footage of the project.
Mr. Jones confirmed 44,600 square feet. Mr. Bird asked about
traffic in the area, specifically 18-wheel traffic. Mr. Jones
informed there have been no significant concerns expressed
about traffic. Mr. Bird is still concerned with potential
traffic and asked about future expansion. Mr. Jones said there
is room for expansion and as far as parking spaces are concerned,
he has the authority to determine who gets a parking space.
Earl Carpenter asked about expenses for students. Mr. Jones
informed there will be a mandatory dress code in place so
there will be costs involved for polo shirts.
(Discussion followed about interpretation of 230-57(B)(1)(b).)
Mr. Lisky informed they would be making renovations to the
interior of the building; nothing exterior that would trigger
an independent review process.
Mr. Kavanaugh asked if a review of this application for a
special exception is required under the IAP. Mr. Bergstrom
informed this applicant does not have to go to the Planning
Commission.
Mr. Carpenter asked about athletics, which is an external
use. Mr. Jones said they will have sports.
New Castle City Board of Adjustment Hearing
December 6, 2005
Page 3
Mr. Kavanaugh informed the body that all requirements for
the application have been met. He asked Mr. Jones when he
planned to start school. He informed August 28th.
Mr. Kavanaugh made a motion that the application for special
exception be granted. Mr. Athey second the motion with was
approved unanimously.
Adjournment
The meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Debbie Turner
Stenographer
