FENWICK ISLAND, Del. - In Friday's special meeting of the Fenwick Island Town Council, Balsamo Real Estate LLC appealed a lighting fine assessed in March of 2025.
The Special Meeting of the Fenwick Island Town Council was held after Balsamo Real Estate LLC filed an appeal to a $33,250 fine they received from the town of Fenwick Island, after town officials said the lighting installed violated town codes.
Balsamo Real Estate LLC currently manages the property which the Surf Bagel restaurant sits.
This is one of multiple lights at Surf Bagel of which the town of Fenwick Island found to have previously violated their town codes.Â
In particular, the lighting violated code Chapter 102-8(A) and Chapter 102-4(C), which are concerned with:
102-4(C): "Outdoor light(s) are fully shielded and not higher than 30 feet above ground level if attached to a pole or above the bottom of the roofline if attached to a building."
102-8(A): "Spotlights and floodlights shall be arranged so as not to directly illuminate structures on adjacent or other properties."
Fenwick Island calculated the fine of $33,250, $250 payments over 133 days.
Mayor of Fenwick Island Natalie Magdeburger says the town was not left with much choice after sending multiple violation notices in 2025 for the lights, which were put on in Dec. of 2024.
"There was a letter sent in February, another letter sent in March, another letter sent in April. All asking for compliance. As it boiled down, they were able to turn the lights down, but under our code, it needed to be fully shielded, and that wasn't done," said Mayor Magdeburger.
However, Attorney Chip Armbruster, who represented Balsamo Real Estate LLC. in Friday's meeting, feels otherwise.
Armbruster said he was not involved until July, but after being brought into the matter, found shielding for the lights through a manufacturer in hopes of settling the issue.
"We believe it was a fully shielded light from the jump," said Armbruster. "Those lights that are over there today are the same lights that were installed in December. The town took the position that once the side shields were installed, we were fully compliant."
Mayor Magdeburger says the brightness of the initial lighting drew complaints from community members, such as those driving by the popular breakfast spot, and was not in full compliance until August of 2025.
The council decided to reduce the initial fine to $6,000, and that Balsamo Real Estate LLC will have 30 days to pay this fine, or it will be increased back to the initial amount.