After a nearly three-hour public hearing, the Mathews County Planning Commission voted unanimously Tuesday night to recommend denial of an application for an event venue, Winding Waters Estate, on Ebenezer Church Road in Cobbs Creek.

After bombarding supervisors with advance letters and phone calls in opposition to the proposed use of the property, residents of Cobbs Shores and the wider neighborhood showed up en masse, many wearing “Say NO to Winding Waters” T-shirts, to voice their objections in person, leaving standing room only in the historic courthouse where the meeting was held.

The matter will now be considered by Mathews supervisors when that board meets at 6 p.m. on Tuesday, Oct. 24. Applicants Mike and Lori Dershowitz of Cobbs Creek and Pennsylvania, are seeking permission for a venue for up to 150 people at a time to attend up to 20 weddings, parties, ticketed events and corporate gatherings annually at the six-acre waterfront homesite, which has an adjacent 6.56-acre parcel, as well. The events would be held in a large outdoor tent, with portable toilets provided.

The property, which is zoned partially waterfront residential and partially rural, currently has a by-right permit issued by the county that allows short-term rentals for a total of up to 20 occupants at a time in two buildings—a waterfront home with a swimming pool and pool house and a large former garage that was remodeled in 2021 to provide guest accommodations and amenities such as a pub lounge, conference center and gym.

Before taking comments from the applicant or audience members, planners and supervisors had an extensive discussion of the proposed project. They questioned who would enforce guest limits, the proposed limit of 100 cars per event, and the applicants’ own offer to end outdoor amplification of music by 10 p.m. They also expressed concern about the narrow, winding nature of Ebenezer Church Road and whether it would be safe with so many people entering and leaving.

Planning and zoning director James Knighton, who supported the proposal, said he wouldn’t do head counts, but that the applicant himself had proposed the limit of 150 people per event, and if he were to advertise the venue for more people, his permit could be revoked. He said the number of cars allowed could be increased if supervisors and planners felt it wasn’t adequate, and that, although county regulations allow amplified music until midnight, the applicant had himself offered to end it at 10 p.m. and the condition could be removed.

Applicant comments

During the public hearing, Mike Dershowitz was the sole person who spoke in favor of his proposal. He told of coming to Mathews with friends during the pandemic, renting a place to stay, and finding that watching the North River ebb and flow relieved his stress. He said he and his wife then searched for a place to buy and ended up at the Cobbs Creek home, where he wanted to raise his family. However, one of his children requires a special school, he said, so they can’t live there for now. Instead, as an entrepreneur, he decided to come up with a plan for the property that would fill the needs of the community.

Dershowitz said he designed the event venue “to be as slim as possible” while still meeting his business plan. While there are 365 days in a year, he said, “I’m only asking for 20.” He said the property could accommodate 350 people for an event, “but I’m only asking for 150.” He said his proposal would be good for economic development in Mathews, and he emphasized his property rights.

Board member comments

Supervisors and planners then grilled Dershowitz, with planner Byron Rauch asking him how much income the property has produced thus far, what his plan was for keeping people from using the indoor plumbing during events, and whether he would install soundproof fencing on the property. Dershowitz said his revenues from the property thus far this year came to $35,000, that the professional event manager who would oversee all events had said there would be no problem having people use the porta-potties, that safety officers would keep people from getting out of hand, and that he was willing to entertain the idea of soundproof fencing.

Planner Donald Morgan said that Dershowitz came to Mathews during the pandemic because the county had a low number of cases, but that if there were another pandemic, an event venue “would bring it here.”

Planner Doug Wilton posited that the people who would be working at the events would be from Richmond, and Dershowitz said local vendors would be used for events if they were available.

Supervisor Dave Jones spoke at length about his own application a number of years ago for a conditional use permit, saying that in the end he and his wife had decided not to operate a business in their home in downtown Mathews because of the impact it would have on their neighbors. He raised the issue of having so many people leaving an event at the same time on a narrow, winding road. He questioned whether there would be law enforcement to handle the traffic and spoke of the difficulty of getting an ambulance into the community under such circumstances. On top of that, he said that Dershowitz’s neighbors also have property rights, and that rural districts “are there for peace and tranquility.”

“These are my constituents,” he said. “When I see this many people, I’ve got to take that into consideration … You’re not here to hear the complaints. I’ll get the complaints.”

Dershowitz said his plan had taken both the “possibilities and perils” into consideration and that economic issues in the county “would benefit from this and other projects.”

“What economic issues?” Jones shot back. “We’re solvent. The restaurants in the court house are loaded every weekend. People come and support the shops. We’re not in economic peril.”

Public comment

During public comment, 18 people spoke out against the proposed project, saying they were concerned about the safety of children who ride their bikes and scooters on the narrow, winding road; with the noise that would be generated in the quiet, tranquil neighborhood; with potential harm to wildlife; and with the possibility of wildfires.

Sharon Donahue of Piankatank Way said, “I oppose a party house, a motel, an intense commercial use, extravagant amounts of traffic on substandard roads, an appalling lack of concern, a phalanx of porta-potties … and lack of respect for the peace and quiet of the community.”

Stephen Donahue of Piankatank Way said that zoning is used to “create harmonious communities” and that the intended use for the R-1 district is to preserve the residential waterfront. He said uses that don’t complement residential uses should be denied.

Bonnie Meeks of Piankatank Way said she lives adjacent to the Dershowitz property. She said that people who buy property expect it to increase in value, and that “nobody wants to live next to an event center.”

Scott Woodhouse of Deer Path said Dershowitz “is already promoting this on his website like it’s a done deal,” with “prices and everything,” and Shane Johnson of Snug Harbor Lane said that, while the short-term rental business being operated at the site has been approved for up to 20 people, the owner advertises for 24.

After the public comment period was closed, Knighton told the two boards that he had explained to residents that their claims were warranted, but that it was his job to place conditions on a request that would help make a business possible. He explained that the current use of the property as a short-term rental is by-right, and that such a use needs at least one acre. With the six acres associated with the application, he said there could be up to six short-term vacation rentals on the site, and he would have to issue a permit.

In his rebuttal remarks, Dershowitz clarified that he had signed no contracts for events and would not do so until the CUP was granted. He said the website was used to judge whether the market “wanted what we offered.”
Supervisor Mike Walls said that people had said to him that the project “is a done deal.”

“This is not a done deal,” he said, to which Jones replied, “It’s never a done deal … We’ve got a job to do.”