A feud between a local restaurant and its neighbors has reignited in the Forty Acres community as business owner Don Scalessa pursues a liquor license and off-street parking for Scalessa’s Old School Italian Kitchen on North Lincoln Street in Wilmington.
Four years ago, Scalessa submitted a request for a zoning variance to sell beer and wine at the restaurant, but his efforts were thwarted by neighbors who said the Wilmington business owner has disregarded civic rules since opening in 2016.
When Wilmington’s administration was informed by a coalition of neighbors that Scalessa was behind on property taxes – which disqualified him from requesting the variance – he withdrew his application.
Now, Scalessa – who owns the restaurant at Lincoln and Shallcross streets – will be back before the city’s Zoning Board of Adjustment on Monday seeking a liquor license, along with approval to turn a collection of garages adjacent to the Italian restaurant into commercial parking.
Many of the arguments against Scalessa’s request to sell alcohol and create a commercial parking area in the residential neighborhood remain the same as when the battle first began in 2018.
FOUR YEARS AGO:War escalates between Wilmington neighbors, Italian restaurant
RECENT PROPOSAL:Why did Wilmington surprise Southbridge residents, developers and oppose project?
The coalition of neighbors, a splinter group of the Forty Acres Civic Association, say it would be dangerous and invite rowdiness. But, more importantly, neighbors say Scalessa has continuously been out of compliance with city zoning and code requirements in a “highly residential” neighborhood conservation district.
“This is not the place for it,” one concerned neighbor said. “Especially for a business owner who is consistently out of compliance, has harassed neighbors and has not made any effort to speak with neighbors.”
Opposing neighbors would speak only on the condition of anonymity given the contentious nature of the situation and previous harassment. Both sides say they have been harassed.
The battle between neighbors and Scalessa has simmered in the years since the business owner last sought a liquor license. At the time, Scalessa posted a flyer in the restaurant naming and shaming opposing neighbors for “slandering” him and took to social media to condemn opponents and dismiss their allegations.
Rich Katz, a chef and manager at Scalessa’s, acknowledged the contentious relationship between Scalessa and a small group of detractors, but said the broader Forty Acres community supports the business.
To mend community relations, Katz as well as Scalessa’s daughter, Alicia Scalessa, run the day-to-day operations while Don Scalessa took a step back, Katz said. They talked with neighbors during an “informal meeting” with the civic association last week to discuss the restaurant’s plans as well as get feedback on what neighbors would like to see done to the adjacent parcel, he said.
“We always try to be good neighbors,” he said. “We are completely open and want that dialogue. We are open to what (neighbors) want to do. There is no all-encompassing plan.”
The latest pursuit
About three months ago, Scalessa purchased an adjacent lot at 1835 N. Lincoln St. to turn it into commercial parking for the restaurant.
Katz said Scalessa purchased the lot to address neighbors’ concerns about parking and traffic. It adds nine off-street parking spots, and Katz said they want to get feedback from residents on how they want the garages painted as well as other aspects to the design and use of the lot.
“Donnie really just had that one thing in mind with the parking variance – to alleviate problems and concerns of the neighborhood,” Katz said, stressing that Scalessa has done a lot for the community, including employing people with disabilities.
As for the restaurant’s quest for a liquor license, Katz said offering beer and wine with an Italian dinner is a selling point. When people call to make a reservation, they often ask if Scalessa’s is BYOB or if they serve alcohol, he said.
“When we say no, we usually get the reservation canceled,” he said. “We lose a whole lot of business.”
The coalition of neighbors don’t necessarily oppose the restaurant serving beer and wine – which Katz stressed wouldn’t pave the way to turning the “tiny restaurant” into a rowdy bar – but the combination of a sour relationship with some in the community, the fear of what granting the liquor license could mean for precedence, and neighbors’ concerns that Scalessa continues to dodge civic rules has fueled their opposition.
Neighbors point to the fact that Scalessa painted the exterior and changed the appearance of the 1836 N. Lincoln St.’s façade without receiving the necessary approvals from the planning department or Wilmington’s Design Review and Preservation Commission. They say he continues to operate the restaurant after 7 p.m. – the closure time dictated by city zoning for the area – and never got approval to have outdoor dining.
City Code requires the restaurant – which operates in a residentially zoned district that doesn’t allow restaurants as a matter of right – must be registered as a nonconforming use. If a property that doesn’t conform to the area’s zoning is not renewed with the city within a year, the nonconforming use is discontinued and cannot be reestablished unless approved by the Zoning Board of Adjustment. Failure to register or renew a nonconforming use also prompts that use to be discontinued.
“It is necessary and consistent with the establishment of these districts that all uses and structures incompatible with permitted uses or structures be regulated strictly and permitted only under rigid controls,” City Code states in Section 38-48 regarding nonconforming uses.
The Forty Acres neighborhood zoning also dictates that ground floor corner properties can be used for retail stores, bars, tap rooms and other shops if the hours of operation are limited to 6:30 a.m. to 7 p.m.
Katz said the zoning board gave the restaurant authority to stay open until 11 p.m., but the latest Scalessa’s remains open is 9 p.m. on Fridays and Saturdays.
Wilmington Mayor Mike Purzycki’s deputy chief of staff, John Rago, on Friday declined to answer questions about the business and neighbors’ allegations, nor would he provide any public records to confirm or deny the allegations.
“Because there is a formal quasi-judicial process underway, the administration will not interfere with this process or prejudice the Monday ZBA meeting,” Rago wrote in an emailed statement.
Katz said the Department of Licenses and Inspections as well as the zoning board have told the business that there are no outstanding fines, fees or violations. This could not be verified with the city given its unwillingness to comment.
“Sometimes it feels like an attack because (neighbors) are not getting the information from the city, but the city is telling us that we are up to date on permits, there are no fines outstanding,” he said. “Any time the city comes up with something, we try to address it immediately.”
Lack of enforcement
At the heart of neighbors’ concerns is an apparent lack of enforcement on the city’s part – an issue most recently underscored in the displacement of dozens of Wilmington residents on North Adams Street in May.
ENFORCEMENT:2 weeks before properties condemned, Wilmington inspectors say leaks in unit repaired
RELATED:As Gibraltar decays, Delaware says it’s ‘never had to enforce’ conservation easements
In other instances, residents say the city administration pursues selective enforcement.
“We are so disgusted with the whole ‘if you know the right person, you can do whatever you want and get away with it,’” a Forty Acres neighborhood homeowner said. “It’s just really hard to pay my city taxes and know that. As a city, we can do better.”
The coalition of neighbors recently tried to confirm Scalessa had obtained all the necessary permits and variances to be operating the restaurant as-is but was told they must formally seek the records through a Freedom of Information Act request. They said those records were readily available when residents went to city offices back in 2018 over the matter.
At times, there’s also disagreement on what documentation is required, or how regulations should be enforced, among city departments, Katz said. Wilmington lifted requirements for outdoor dining during the pandemic, he said, but Scalessa received conflicting guidance on whether the restaurant needed a variance to continue outside dining.
“L&I said because of COVID they were allowing outside tables and the zoning board says it’s not (allowed). It’s been a gray area,” Katz said. “They haven’t really told us. We tried to get the information.”
With no insight provided by city administration, whether any of the neighbors’ concerns will come up during Monday evening’s Zoning Board of Adjustment meeting remains to be seen.
When reached by phone on Friday, Councilman Nathan Field, who represents the Forty Acres community, requested a Delaware Online/The News Journal reporter email questions. He did not respond to that email.
The zoning board will meet virtually via Zoom starting at 5:30 p.m. Monday, Aug. 8. Along with Scalessa’s variance requests, another contentious proposal to bring warehousing facilities to the riverfront in Southbridge also will be considered.
Got a tip? Contact Amanda Fries at afries@delawareonline.com, or by calling 302-598-5507. Follow her on Twitter at @mandy_fries.
