Lopez opposes Overbrook revote
Sen. Ernie Lopez, R-Lewes, says he is opposed to the proposed Overbrook Town Center planned north of Lewes, scheduled to come back before Sussex County Council for a new hearing.
In August, Chancery Court Judge Joseph Slights said developers may resubmit a rezoning application for a new vote by council, saying council’s first vote was the product of arbitrary and capricious decision making. Slights specifically singled out Council President Mike Vincent, who, he said, based his decision on an alleged harm that pre-existed the filing of the application.
Lopez said he tries to stay out of issues in which he cannot make a decision, but he said the judge made the wrong decision.
“In this particular case, I have to stand up for my fellow elected officials,” he said. “We get elected to make tough decisions, and they made a tough decision.”
The council members at the time, he said, carefully considered the scope and impact of the project, including the negative impact it could have on the environment.
At the annual meeting of the Lewes Civic Coalition Sept. 8, Lopez pledged to put the full weight of his office behind opposition to the project because he fears the court decision will have a lasting effect on future council decisions.
“By making the council re-vote after a 4-1, near-unanimous decision, the court is setting a precedent that I fear will cause current and future members of council to constantly be working under the fear of litigation simply for calling votes as they see them and making informed decisions to the best of their abilities for their constituents,” he said.
As a member of the Senate transportation committee, Lopez said he sees problems with the latest proposal.
“I have some serious concerns from a funding perspective,” he said, specifically pointing to the proposed overpass that would be required at Cave Neck Road if the project is approved. The Overbrook Town Center project calls for nearly 800,000 square feet of retail space, with six pad sites of 60,000 square feet and more than 5,000 parking spaces on a 114-acre parcel off Route 1, about two-and-a-half miles north of Five Points. In 2015, the developer TD Rehoboth LLC said it would contribute $8 million toward the overpass; however, Department of Transportation officials said it would likely cost much more than that.
“The developer would put up a major [contribution], but taxpayers are on the hook for the remainder of the cost,” Lopez said. “I don’t see where that is in the scope of a $400 million deficit.”
During the first application process, a number of concerns about the environmental impact of the project were also raised by members of the public. With the project proposed near the Great Marsh, Lopez said, he shares many of those concerns.
Lopez said he’s also publicly opposing the project because of what he’s heard from his constituency.
“I don’t feel as though we have the capacity to accommodate a project of this size,” he said. “The 6th District is dominated by a small business community that serves as the backbone of this district. This is a mega project brought in by an out-of-state developer, and it’s not appropriate for me to stand by without an input.”
