Residents want more say on Truitt homestead

Sussex County Board of Adjustment is expected to vote Monday, Jan. 23, on a special-use exception that, if approved, would allow a three-story, 90-bed assisted living facility on land known as the Truitt Farm near Rehoboth Beach.

The project has drawn sharp criticism from neighbors, as much for the process as for opposition to the proposal.

This project shines a bright light on two weaknesses in current code.

The first is the notification process, which limits individual notice of an application to only those within 200 feet of the project – and is not even required by law. In this case, many nearby residents were unaware of the one public hearing they could have attended.

Beyond that, many residents question why this request went to the board of adjustment in the first place. Had it been considered a conditional use, it would have gone first to the planning and zoning commission and then to our elected county council, giving residents two hearings at which to air their concerns.

The answer to this question is that, among projects allowed as special exceptions, code lists "convalescent homes, nursing homes and homes for the aged." It's hard to argue an assisted living facility doesn't fit those uses.

At the same time, it is obvious that, once a project reaches a certain size, it exceeds the scope of decisions normally heard by the board of adjustment. It's not the use itself that residents object to; it's the scale of the project and the traffic expected as a result. A conditional-use process would also have allowed council to impose conditions to make the project less onerous for neighbors.

Residents who turned out for the board's last meeting only to learn the record is closed say they have been left out of the process.

While officials may say they have met the letter of the law, that may not satisfy people who live nearby, who at this point are questioning whether their government is representing their interests.

Some say, to put it bluntly, the system is rigged.

Whatever is decided, council must review the code to improve notice to residents and limit the scope of projects heard only by the board of adjustment.