Dewey Nalu expansion in town’s hands

With public opinion evenly split regarding Dewey Nalu’s proposed expansion plans, the planning and zoning commission voted 4-1 June 27 to recommend the restaurant’s conditional use to town council.

Attorney Elio Battista Jr., representing Nalu owner Regan Derrickson, said the proposed expansion meets all current code and FEMA requirements, and that Derrickson will follow all town ordinances. Nalu has never received a violation in 17 years of operation, he said.

The expansion would enclose part of the graveled outdoor area behind the patio. The stage, currently located adjacent to the indoor bar, would be relocated to the new indoor dining area.

The addition would include four four-seat tables, a 20-seat table, a nine-seat bar, a new set of men’s and women’s bathrooms, a storage area and an office, according to submitted plans. The dining area would connect to the outdoor patio via two sliding doors.

Derrickson said due to the stage’s current location, sound travels from the left and center of the building to Coastal Highway. With the expansion, the stage will move to a more interior center of the property and lessen noise, he said.

Right now, the stage is in front of a sliding-glass door that doesn’t have to close at 11 p.m., Derrickson said, noting he would have no problem closing the door at 11 p.m. if needed.

Last call on the patio is 10:30 p.m., Derrickson said, but customers aren’t dragged off the deck at 11 p.m. The restaurant closes at 11:30 p.m. Sunday through Thursday and at 1 a.m. Friday and Saturday, Derrickson said, and will close for the season Oct. 13, with hopes to start construction immediately and reopen March 6, 2025.

Town Counsel Fred Townsend said the town follows a two-step process for a change of a conditional-use permit. First, the planning and zoning commission holds a public hearing and then sends a recommendation to council, which then holds a second public hearing before an approval can be granted. Town commissioners voted unanimously in May to refer the application to the planning commission.

Building Official Daune Hinks said she hadn’t yet received construction or FEMA documents to ensure the expansion would be code-compliant, but it would have been premature for the applicant to incur the expense involved with such documents at this time.

Assistant Town Manager Jim Dedes said Derrickson has followed all requirements. When the original conditional use was written, Dedes said town leaders assumed the condition that windows must be closed at 11 p.m. would include sliding-glass doors, but they were mistaken.

Commissioner Dave Lyons said the town received 23 letters about the application, with 12 against the expansion and 11 in favor. The overriding concern was noise and whether the expansion would exacerbate the issue, Lyons said.

During public comment, five people spoke in favor and four against. Chris Phillips of Read Avenue said the expansion would decrease congestion in the restaurant, whose older crowd is not as rowdy as others.

Sam Awayes said he lives in the home between Nalu and the former Two Seas restaurant. Awayes said he supports Nalu and his neighbor who opposes the planned expansion because of noise. Sound doesn’t travel the way the ordinance says, Awayes said, noting noise levels are measured from the ground level but noise travels upward.

Zeke Przygocki said Derrickson is trying to make the south end of town as prosperous as other areas, and David Karp of Collins Avenue said the restaurant is welcoming, has a friendly environment and adheres to the deck policies. Rehoboth resident Rob Burton said the restaurant offers great entertainment and will reduce noise levels.

Speaking against the expansion, Jill Carr of Van Dyke Avenue said the noise is excruciatingly loud but has been very quiet since Ken Lodge’s letter to the editor ran in the Cape Gazette. So it is possible to lower the volume to peaceful levels for neighbors, she said, which doesn’t include people who live on Read Avenue or in Rehoboth. 

The sliding-glass doors will always be open, Carr said, and music will project out to the deck. People have been on the deck at 12:30 a.m., she said, suggesting the deck should also be enclosed. 

Carr said she has called police but they didn’t respond because they are too busy, or they say it’s the building official’s job to monitor sound because they don’t have decibel readers. They have refused to come out, Carr said.

After another man said he had also called police and they would not come out, Townsend said it’s fair to say there have been efforts to make complaints that have not resulted in enforcement actions.

Tim MacDonald of Dickinson Avenue said the sound will hit the Hyatt and ricochet back right to his house. The sliding doors will not be kept closed, he said, and the entire thing should be enclosed. 

Via Zoom, Van Dyke Avenue resident Larisa Sawhney said the impact from Nalu on her home is tremendous, so she opposes any additional sound. Sawhney said she regrets not calling the police over the years, as she has lain awake in bed in the middle of the night pissed off about the noise.

Sawhney said she doesn't use her outdoor porch, and that relatives and tenants have commented about poor sleep and/or left early. She said she bought on Van Dyke because it is a quieter part of town, and that has changed dramatically.

Sawhney said she doesn't need a decibel reader to tell her it’s too loud, and she doesn’t care to hear someone from Rehoboth telling her this is a positive when residents of Van Dyke Avenue can’t get any rest.

Via Zoom, former Mayor Diane Hanson said she was a commissioner when Nalu’s original conditional use was approved. She said she remembers telling Derrickson she didn’t want a lot of noise and he said the restaurant would have a ukulele once in a while. 

Within weeks he had bands in there, Hanson said, noting she felt he was dishonest at the conditional-use hearing. 

Hanson said she has heard from more people about this issue since the Hyatt’s plans in 2007, noting 17 people have expressed concerns to her.  

Back at the podium, Battista said he has heard lots of complaints about noise, and repeated that the restaurant would follow the ordinance. Noise is subjective, he said, and if there is a problem with the ordinance and how sound is measured, it’s not for this board to decide.

Lyons asked why Derrickson is now amenable to closing the doors and reacting to people’s concerns, to which Battista said the restaurant has not received a violation from the town and will comply with the law.

Town Manager Bill Zolper said Nalu has not been issued a violation in his four summers with the town. A civil citation was issued and dismissed about 10 years ago, he said. 

Commissioners Mark Nordquist, Jimmy O’Conor, Jack Redefer and Mike Harmer voted to recommend the application to town council with the condition that all sliding-glass doors and windows need to be closed at 11 p.m. 

Commissioners said the applicant said he will meet code and requirements and has not received any violations. Nordquist suggested soundproofing construction measures, and Harmer suggested Derrickson speak with entertainers about cranking down the volume, which he can control.

Lyons said he could not in good conscience vote to recommend the application when so many residents have voiced concerns about noise, whether it’s been officially recorded or not.

Town council has set a public hearing for 3 p.m., Friday, July 19. A full agenda has not yet been posted.