Xerxes Wilson

The News Journal

New Castle County government's decision to allow the conversion of Dempsey's Garage at Paper Mill and Corner Ketch roads into a CVS Pharmacy ends a debate that has divided residents and local civic groups for more than three years.

The proposal has fueled fears of increased traffic and changed scenery in the bucolic slice of Pike Creek. There was a sharp divide among residents at Tuesday night's County Council where a vote allowed the project to proceed.

Half of the audience wore shirts that read "Yes to CVS!" They came via a bus that parked outside the government center and argued the pharmacy will be better than other potential outcomes for the 8-acre corner. They said CVS has worked with the community on issues of lighting, store hours and preservation.

Across the aisle, opponents of the plan pleaded with council members to consider the residential character of the area, traffic, light pollution and what they see as a danger to children in the adjacent park.

After hearing from dozens of residents, County Council lifted deed restrictions that banned anything but an automotive garage on the site. Those limitations had been approved by County Council nearly 20 years ago.

"I don't want to see the Dempsey's leave," said Steve Lopes, a neighbor of the parcel. "Everything we want in a neighbor, which we had with Dempsey's, we have seen so far with CVS."

Councilwomen Janet Kilpatrick and Lisa Diller were joined by Councilman David Tackett in voting against the change. Councilman Jea Street did not vote as others on the council gave the project the nine votes it needed to proceed. The vote required a supermajority of County Council after negative recommendations from the county's Land Use Department and the county's Planning Board.

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The move allows the developer to seek county land use approvals for construction of the building. Those approvals will likely take up to two years to be approved, said Larry Tarabicos, an attorney for the developer and CVS. The change adds the pharmacy as the only other type of business allowed on the land.

The primary argument of those in support of changing the restrictions was the specter of a different auto service that is less in tune with the area taking over the garage.

Tarabicos persistently warned those attending Tuesday's meeting that such tightly restricted properties often end up like the nearby Pike Creek Bowling Center: abandoned.

"The reality is you have good foresight," said resident Kevin Igo, adding that he fears a "faceless national chain auto shop" taking Dempsey's place. "I go back to the single-use restriction. The only alternative right now is for another automotive service center to come in."

The push to convert the property has seen various neighborhood focus groups come and go. It's a dispute that has torn apart cul de sacs, with residents accusing each other of overstating endorsements of various neighborhood groups.

Many opponents said enough is enough for the convenience store pharmacy wave.

"There are about five full-service pharmacies within 3 miles. There is no gap in service for that particular need," local resident Helen Stewart said. "It is a significant change in the hours of operation and therefore the traffic in the area."

Others said the project will be an attraction for children playing in the county park across the street. They feared a regular stream of children crossing the road to get to the CVS.

"That intersection is very busy," neighbor Rick Gunetsky said. "All it takes is that one car and that one kid.

For others, it's a dispute over decades-old commitments and the area's agrarian history.

Both opponents and supporters said they'd rather see the garage stay. It has been operated by brothers Curt and Arnie Dempsey for three decades.

The restriction on the property's use was implemented when the land was rezoned for commercial use in 1998.

At the time, the Dempsey brothers were looking to expand the garage, which first opened there in 1928 and had been grandfathered in the residential-zoned area. Some residents said the restriction was a covenant made between the former property owners and the community in return for the zoning change that now enables the CVS to go there.

"The whole thing reminds me of a good old saying: 'No good deed goes unpunished,'" said resident Michael French. "I guess it goes with restrictions as well."

The corner first hosted a farm equipment repair business in the 1920s. As farmland gave way to suburbia, the garage was converted to automotive repair and remains a reminder of the area's past to some.

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Susan Shipley said it was the intention of the family that sold the land to the Dempseys that the property remain a garage in perpetuity.

"I've been there 50 some odd years," Shipley said. "I've seen a lot of development and we have a wonderful area, none of which needs to be improved by a convenience store."

Council members voting for the project said they felt keeping the 1998 restriction represented bad planning, and that residents were overstating concerns about traffic and the safety of children crossing the road.

"Not every auto repair shop is comparable to Dempsey's," Councilman Penrose Hollins said.

Councilman Bob Weiner noted the area's slow conversion from farms to subdivisions through the decades. He said the Dempsey's change is part of that evolution and could perhaps see local residents using the store without driving.

"I see this as an amenity being provided to the community," Weiner said.

Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com. Follow @Ber_Xerxes on Twitter.