There have been eight versions of the plan for New Hanover Town Center. Will there be a ninth?

            At its meeting on Thursday, November 4, the New Hanover Board of Supervisors voted to deny approval for the preliminary plan of  R. P. Wynstone, L.P., the developer of the vast housing and commercial tract planned for Swamp Pike at Charlotte Street.

            Township Solicitor Andrew Bellwoar stated that the threshold issue was whether the applicant, R.P. Wynstone, would revise its plan to meet the requirements of the ordinance in effect as of July 13, 2005.

            Attorney Zachary Sivertsen, representing the developer, attended the meeting and immediately asked the supervisors not to take action.

            The board had warned Ben Goldthorp, a consultant for the developer, that action would be taken at the November 4 meeting.

            Sivertsen argued that making the developer comply with the 2005 ordinance, instead of three successive ordinances that allowed smaller lot sizes and other items, was "unreasonable." 

He stated that in 2007 the developer was told it had to comply with the three ordinances.

            "The rule book that you've been playing by doesn't apply," Silvertsen said. "Let us hash this issue out and get a resolution from the court."

            Bellwoar said there was no need to hash it out. "No time will shed further light on this." He said that the developer had a "clear mandate that the 2005 ordinances apply" after being given those instructions prior to the submittal of the eighth plan.

            Bellwoar said that the developer needs to make the case to the board as to why the three ordinances make the plan better.

Sivertsen responded that they weren't prepared to present but added that they "are happy to make adjustments" but didn't want the "constant debate about this ordinance or that ordinance."

            He said that the township would be looking at "lengthy litigation" to which Bellwoar responded that they are already in lengthy litigation with the developer.

            Bellwoar said, "Unless the developer wants to come forward with information, the board of supervisors should consider this [the eighth] plan."

            Sivertsen said the township was acting "unfair, unreasonable and in bad faith."

            Bellwoar reported that the supervisors had met in executive session prior to the meeting to discuss personnel and would meet afterward to discuss litigation.