Neighbors say work began with no permits from the city
OCEAN CITY — Residents of the Glen Cove Lagoon area of the city are pushing back against a plan to create a commercial marina on a residential lot but the owner says he is just reviving a previously approved project.
The lagoon, between 10th Street and Walton Place off Bay Avenue, contains 24 homes and a lot with a garage where the owners have begun work on the marina, despite not having local approvals to do so.
Thomas and Beverley Gill, owners of the nearby 10th Street Wharf and the property at 110 10th St., have secured federal, state permits but not local approvals to build the marina.
Tom Gill said the work is part of rehabilitation of an existing project, noting he had obtained permits from the Department of Environmental Protection and the U.S. Army Corps of Engineers.
Ocean City’s Department of Operations & Engineering issued a letter to the Gills dated Oct. 19, 2023, advising the site is located within a residential zone — the Residential Lagoon One Family Zone — and operation of a commercial marina would require a variance from the Zoning Board.
The Gills also may have to acquire major site plan approval and other variances from the Planning Board if required for the construction and operation.
The DEP issued a permit to the Gills on Aug. 24, 2023, authorizing the in-water restoration of the site as a marina.
The permit allows the removal of the piling, the L-shaped docks and a portion of the angled dock; construction of a 102-foot bulkhead 30 feet waterward of the existing bulkhead with 23 feet of return bulkhead; and reconstruction of about 25 feet of vinyl bulkhead in association with commercial development of the parcel at block 1009, lots 2, 2.01, 2.02 and 2.03.
It also approved reduction of the existing fixed pier from 32.5 feet to 13 feet, construction of a 6-foot by 6-foot landing to a 3-foot by 18-foot ramp to a floating dock system with one 8-foot by 40-foot portion and one 8-foot by 134-foot portion.
Other work approved includes construction of five docks ranging in length from 28 feet to 38 feet, allowing for 10 mooring slips.
Neighbors began a campaign to block the project during a City Council meeting in October 2023, when two residents spoke out about their fears that a commercial marina was going to be developed at the end of their residential street after the DEP approved it.
Bob Hellyer, who said he is one of the 24 homeowners on the lagoon, provided information to City Council that included the approved DEP permit.
“The permit states it authorizes in-water restoration of the site as a marina, allowing for 10 mooring slips in association with a commercial development on the parcel,” Hellyer said. “Not only is the property zoned residential, but the homes to the north, south, east and west are all zoned residential.”
Hellyer said a group of concerned homeowners found deed restrictions on lots dating to 1908 put in place by the developer, stating no part should be used for the purpose of a public boat house for renting or hiring boats.
He said the group is also concerned about the permit allowing 38-foot-long piers able to accommodate large boats.
“Nowhere in DEP’s approval is there a requirement for wastewater discharge and collection,” he said last year.
Hellyer said that can lead to contamination and prevent the use of the lagoon for swimming.
“How can we be assured of water quality protections? Many studies show that repeated releases of contaminants build up more and more during tidal cycles,” Hellyer said. “We don’t want Glen Cove to be the first lagoon in Ocean City that is too polluted for homeowners to swim in.”
Christine Rothstein said the marina would service boats that are too large for a small lagoon.
“Ladies and gentlemen, stop the 10th Street marina. It’s the right thing to do,” she said.
According to the project description on the application to the U.S. Army Corps of Engineers, boats mooring at the marina would be more than than 30 feet long and draft no more than 4 feet.
The group has erected signs along Bay Avenue and at homes along both sides of the lagoon stating: “Stop the marina! Glen Cove Lagoon is a residential community. 10 boat slips = commercial marina.”
Hellyer complained again during the City Council meeting Oct. 24. He said after receiving the DEP approval, the Gills immediately started demolition “even though the permit said no construction can begin until all local approvals” are obtained.
He said the next step was to seek a permit from the U.S. Army Corps of Engineers. During a public comment period on the issue from April 4 to May 5, 2024, he said, “people from all over the island sent in comments because the use is not appropriate for a residential lagoon.”
Following the Army Corps approval, “barges came in, the rest of the demo started, docks started to go in and people got very concerned.”
Asked about the ramifications of violating conditions of a permit, DEP spokeswoman Caryn Shinske said, “DEP does not speculate on possible penalties for violations that have not occurred.”
– STORY and PHOTOS by DAVID NAHAN/Sentinel staff