Residents: Belle Terre plan could stress environment

Residents and state environmental officials are questioning the effect a proposed rezoning for a housing development near Lewes could have on three environmentally sensitive areas. During an April 28 planning and zoning commission hearing, the developer's team said measures will be taken to protect the areas.

Developer Sussex Real Estate Partners LLC wants to rezone a 124-acre parcel from AR-1, agricultural-residential, to MR-RPC, medium-density-residential-planned community, for a 124-acre parcel on Dorman Farm Lane southwest of Mulberry Knoll Road. The preliminary site plan for the proposed Belle Terre community shows 378 units – 200 single family lots and 178 duplexes.

The parcel contains 11 acres of wetlands, 55 wooded acres and 58 uplands acres.

The residents who testified during the hearing said if the wetlands and woods are not set aside and preserved, county officials should at least deny upzoning for higher density, which they said would increase stress on the environment.

According to the state's preliminary land-use service report, 37 acres of the parcel's 55 wooded acres would be cut down.

Residents agreed with the findings of state environmental officials. In its August 2015 review of the project, Delaware Department of Natural Resources and Environmental Control officials urged the applicant to consider limiting development to the farm acreage and not removing any wooded sections on the parcel.

DNREC officials strongly urged the applicant to consider permanent preservation of the woods and wetlands in place of the current site plan. “The forest and wetlands areas are part of the larger Love Creek Natural Area and can be dedicated as a state nature preserve,” the report stated.

Speaking for the developer, wetlands scientist and environmental consultant Edward Launay said plans are in place to protect two of three sensitive areas: Welches Pond, Hetty Fisher Glade and Hetty Fisher Pond. The forested glade area would share the northern and western border with Belle Terre, and Hetty Fisher Pond would share a border with the adjacent Briarwood Estates community.

Launay said the proposed development would have no impact on Welches Pond, which is more than 1,000 feet away from the site and is separated by farmland.

Launay said Hetty Fisher Pond is habitat for the Copes gray treefrog, barking treefrog and Eastern tiger salamander, which are rare species – but not endangered species – in Delaware.

“There are no endangered species or species of concern on or near this site, so there will be no adverse impact on any species,” said Jim Fuqua, the developer's attorney. Launay said a 60- to 140-foot wooded buffer would be left in place around Hetty Fisher Pond.

Of the 11 acres of wetlands on the parcel, five are tidal wetlands emptying into Love Creek. Launay said buffers of at least 40 feet would protect nontidal wetlands and buffers of at least 50 feet would isolate tidal wetlands. All lot boundaries would be at least 40 feet from all nontidal wetlands. He said about half the pond is located within the Briarwood Estates community.

Launay said plans call for a kayak launch with access to Love Creek placed so it would have the least possible impact on wetlands.

Frank Kea, CEO of Solutions IPEM, said the average elevation of the area where homes would be built ranges from 12 to 14 feet above sea level and the water table averages from 7 to 9 feet.

He said during 99 percent of rain storms in the area, almost all of the runoff would stay on the site, percolating into the ground and recharging the groundwater.

Kea said a stormwater management system would comply with updated DNREC regulations. The community would be served by Sussex County central sewer and central water from Tidewater Utilities.

Retired scientist disputes assessment

Several area residents who testified during the hearing did not agree with the applicant's environmental assessment.

Reading a letter on behalf of Steve Britz, who lives in nearby Webb's Landing, Greg Kordal, treasurer of The Retreat at Love Creek Homeowners Association, said Hetty Fisher Glade is an important tributary of Love Creek. He said, based on 2014 water samples, bacteria levels in the creek are 10 times above the EPA standard and among the highest in the state.

Britz, a retired scientist, took part in the Delaware Center for the Inland Bays' Your Creek project to collect samples and document conditions on Love Creek.

Kordal said, based on Britz' calculations, plans would require clearing about 130 lots that are now forest, reducing the number of forested acres from 43 percent of the parcel to 15 percent. He said the loss of woodlands would generate large volumes of runoff.

Britz disagreed with Kea's statement concerning the parcel's water table, stating there are areas where the table is 3 feet below the surface. “This will make stormwater management difficult. That water table can't even support density already permitted in AR-1 zoning,” he said.

Bill Baydalla, president of the Retreat at Love Creek Homeowners Association, said Love Creek faces serious pollution issues. He said to protect the waterway, development in the area should be reasonable in size, with limited density to minimize runoff and impervious surface as much as possible. He said the proposed three units per acre for Belle Terre is not in character with other area developments that average about half that density.

William Zak, a Briarwood Estates resident, said Hetty Fisher Glade is one of the most polluted areas in the Inland Bays. He said the developer has stated mandated total maximum daily load pollutant reduction targets would be met with a 40 percent reduction in nitrogen, phosphorus and bacteria. “But how will the success or failure of this be measured?” Zak asked.

In addition, he said the forested buffers should be at least 100 feet wide. He said if the land can't be placed in a permanent trust to preserve it, the parcel should remain at its current AR-1 zoning. “At the very least, that's a reasonable compromise,” he said.

Traffic signal could be part of road improvements

Jim Fuqua, the developer's attorney, said state transportation officials have not completed their review of the applicant’s traffic impact study for the Belle Terre development; it’s expected to be completed in early May.

He said based on the study, the developer could be responsible to fund a new traffic signal at the Route 24-Mulberry Knoll intersection. “This is a project that is long overdue,” Fuqua said.

The developer could also be responsible for right- and left-turn lanes off Mulberry Knoll Road onto Dorman Farm Lane and a left-turn lane off Route 24 onto Mulberry Knoll Road. Depending on findings in the study, the developer could also be responsible for contributing funds to off-site road improvements.

According to the developer's application, the project is expected to generate 3,000 daily vehicle trips.

Access to the 124-acre site would be via Dorman Farm Lane off Mulberry Knoll Road with a 50-foot easement for use of the road. If approved, the dirt road would be paved to meet current road construction standards.

The Delaware Department of Transportation has road projects scheduled for Route 24, including widening of the road from the Mulberry Knoll intersection to the Route 1 intersection with improvements to the Plantation Road/Warrington Road and Route 24 and Route 1 intersections.

The proposed project would be adjacent or near three other approved projects: Love Creek Elementary School, Delaware State Police Troop 7 and the Saddle Ridge housing development.

Proposed Belle Terre amenities

Pool, pool house, kayak launch, sidewalks, park areas, sports courts, nature trail and a pedestrian walkway to connect to Love Creek Elementary School.