Burton's Pond development plan surfaces

A developer has plans to build a major cluster subdivision on a 159-acre parcel at the intersection of Route 24 and Hollymount Road.

Burton’s Pond LLC has filed an application for 265 single-family lots on AR-1, agricultural-residential, zoned land. If approved, the sale of the parcel would include ownership of the pond.

During the Dec. 22 Sussex County Planning and Zoning Commission public hearing, nearby residents expressed concerns with traffic on Route 24, the need for a traffic signal at the Hollymount Road intersection, lot sizes in comparison to neighboring communities and maintenance of Burton’s Pond.

Residents who had concerns about the condition of the pond and its future were told that either the community’s homeowners’ association or a separate entity would own and maintain the pond.

Commissioner I.G. Burton pushed for clarification about pond ownership. Ben Gordy, representing the developer, said it would be resolved by the time the final site plan was approved.

Dennis Schrader, the developer’s attorney, added that the maintenance of the pond – including a management plan and budget – would be included in the conditions of approval for the subdivision.

Schrader said the project was first approved in 2006, but was not developed and the application expired. He said the new plan does not include an entrance off Route 24, and the community would connect to the county’s central sewer system and not have its own on-site treatment facility.

In addition, he said, all lots were removed from the northern section of the site plan along Burton’s Pond so that all residents would have access to the pond. The preliminary site plan shows amenities on the northern tract of the parcel on the other side of Hollymount Road.

Planned amenities include a pool, tot lot, pickleball court and clubhouse with parking.

Burton said it makes more sense to keep amenities within the community. “I don’t like people crossing that street. Bring the amenities over,” he said.

Several residents agreed with Burton. “It’s the making of a disaster with kids crossing the street. The clubhouse on that side is totally out of order,” said Kyle Spence, who lives in Greenbank Estates, a community adjacent to the parcel.

Road work would include a signal

Zac Crouch, an engineer with Davis, Bowen and Friedel, said 64 acres of the parcel would be used for home construction with the average size lot at 10,000 square feet. Nearly half of the parcel would be open space with a 30- to 200-foot buffer of remaining trees left intact on the southern border of the property to protect a section of wetlands, he said. In addition, he said, 95 percent of the tract’s 37 wooded acres would remain undisturbed.

The preliminary site plan also includes a one-mile walking trail, sidewalks on one side of all streets and curbs and gutters.

Crouch said based on the original traffic impact study from 2006 and an update of traffic counts provided by the Delaware Department of Transportation this year, the developer will be responsible for several road improvements if the project is approved.

The proposed improvements would include a traffic signal, realignment of Sloan Road to the intersection of Hollymount Road and Route 24, widening of Hollymount Road and Route 24 to add new turn lanes and a multi-use path along Hollymount Road, the entrance road for the proposed project.

Crouch said the developer would be required to sign a signal agreement and fund its construction, but the timing of the work was up to DelDOT officials. “There will be a signal there, but they will determine when the signal is required,” he said.

Several residents who testified during the hearing said the road work – including the signal – should be completed before the project starts.

Crouch said road improvements would be ongoing at the same time as construction because DelDOT offficials would require that improvements be completed by the issuance of the 50th building permit.

“We need a red light and that’s not an option,” said Robert Fender, adding that trucks use Hollymount Road as access to the Route 5 Delaware Solid Waste Authority transfer station. “It’s not safe for anyone to cross that road.”

Several residents expressed their frustration with development along the Route 24 corridor without infrastructure to support the growth.

Carol Hughes, who lives in nearby Bay Ridge Woods, said the same issues keep surfacing with every application. “We express our traffic concerns and development issues, but somebody is not listening. We are seeing development after development approved. Where do you stop?” she asked.

“Everybody seems to be asking how much is enough,” Commission Chairman Bob Wheatley said.

“If you have an answer to that, I’d love to hear it,” Hughes said.

Donna Whiteside, who lives on Burton’s Pond in the Lochwood development, said the application should not be approved without a pond maintenance plan in place and the owner clearly defined with a performance bond in place to maintain the integrity of the pond.

In addition, she said, she takes issue with the reference made that the proposed subdivision would be similar to neighboring developments. “All developments around it have larger lots,” she said.

Kyle Spence, one of several Greenbank Estates residents who spoke in opposition to the application, said lots in his development, which would border the proposed Burton’s Pond community, are all three-quarter acre lots.

Stormwater issues a concern

John Hall, representing Holly Lake Campsites, which is adjacent to the parcel, said stormwater problems are plaguing the campground. He said runoff from other properties has caused serious flooding, forcing closure of sections of the campground, including the entrance off Route 24.

Dating back to 1967, the campground was open before any of the current developments. “We are getting dumped on. The flow of water has changed,” he said.

Hall said he’s met with state agency officials and the Sussex Conservation District. “They want a study done. But why should we have to do the study?” he asked.

Wheatley said state law requires that property owners and developers have to design systems that maintain stormwater on their properties.

“That’s not the case. We are getting water from developments around us,” Hall said.

The planning and zoning commission deferred its vote to a future meeting. It was the final meeting for Burton, who was sworn in Jan. 3 as District 3 county councilman.