Vesco LLC is asking the county to approve applications for a subdivision of land in an AR-1 district and for a conditional use for multifamily units in association with the subdivision, Love Creek Landing, on the Vessels property.

The property, formerly the location of Sussex Lumber Co., is currently one of 205 agricultural preservation districts in Sussex County. The preservation commitment expires Feb. 15, 2010.

Under the Delaware Agricultural Lands Preservation Program, landowners who place their lands into preservation districts agree not to develop their lands for at least 10 years, devoting the land only to agriculture and related uses. In return, the owners receive tax benefits, right-to-farm protection and an opportunity to sell a preservation easement to the state that keeps the land free from development permanently. Landowners can also opt out of the program after 10 years.

Planning and zoning Commissioner Mike Johnson was impressed with steps taken by the developer to protect the sensitive environment in the area, but he was not impressed with plans to add multifamily housing to the proposed project.

Johnson called 30 multifamily units contained within the 183-unit single-family subdivision a sore thumb. “It sticks out in relationship to the rest of the project,” Johnson said during the Thursday, Oct. 8 public hearing. “There are no others in the surrounding area.”

Tom Ford, president of Land Design Inc., said the multifamily component was added following comments about the need for this type of housing by the Delaware State Housing Authority following state review of the project.

Ford said 26 single-family homes could have been placed on the site.

Planning and zoning commissioners deferred action on the application and the matter has been placed back on the Thursday, Oct. 22 agenda under old business.

About the development

Ford said the parcel contains farmland, about 10 acres of wetlands and more than 130 acres of woodlands. About one-quarter acre of the parcel is a remediation area that has been cleaned up, the soils removed and the area abandoned in 2006. From 1958 to 1975, Sussex Lumber treated wood with creosote in a small area, said Wes Allen, an environmental scientist with Envirotech Environmental Consulting.

Ford said the subdivision would have a minimum 40-foot forested buffer around the perimeter, with wider buffers in several areas for an average buffer size of 107 feet. He said there would be no lots in the wetlands, with 102 acres of the parcel not dedicated to lots.

“The developer is sensitive to the scenic quality in the neighborhood,” Ford said. “The closest lot line to the right of way is more than 170 feet.”

It is not clear how sewer service would be provided to the subdivision. Dennis Schrader, attorney representing the developer, said county staff had informed him the county had no long-term plans to serve the area with central sewer. Lawrence Lank, director of planning and zoning, read a letter from county engineering, stating the county had plans to serve the area by 2010.

It was unclear at the hearing if the developer would provide an on-site system, or contract with Tidewater Utilities or the county.

Amenities, including a pool, tennis courts, clubhouse and playground would be constructed at the issuance of the 50th building lot permit. A permit would be sought for construction of a crabbing pier. The subdivision would have five miles of sidewalks and multi-use paths.

Critical environmental area

Since the property is located in a Level 4 area according to the strategies for state policies and spending, the state objects to the development of the parcel. The state does not support development and will not provide financial support for infrastructure in Level 4 areas.

In addition, the state review noted there are significant environmental features on this site that should be protected. Bryan Hall, state planner, said that 137 acres of the 163-acre site is forested, and according to the application, the developer plans to remove 70 acres, more than half of the forested acres.

Joseph Street, who lives across from the proposed subdivision on land that has been in his family since the 1920s, said he is preparing to sell a 56-acre parcel of land on the Robinsonville Road curve. “There will be big homes on big lots,” he said. He said that is more in character with the area than homes on small lots and multifamily housing.

Street said he would support a development on the 163 acres with 10 to 20 houses.

“It galls me that tax money has been spent to preserve this farmland, and it’s planned for housing and multifamily housing,” said William Payne, who lives in Webb’s Landing adjacent to the proposed subdivision.

He said the parcel is a critical environmental area serving as the headwaters of Love Creek. He said the area is a home to wildlife including eagles, ospreys, herons, geese, turtles, crabs, foxes and fish.

Payne said the plans he has seen show runoff, waste drainage and the pool on the creek side of the development, which would drain to Love Creek.

Payne said if approved, the developer should be required to hook into a central sewer system, the planned Tidewater Wandendale Regional Water Recharge Facility on Route 24 near Camp Arrowhead Road, to protect Love Creek.

Payne said the developer was providing a 175-foot buffer to protect homes along the front of the development. “What is needed to protect Love Creek?” he asked.