On behalf of 26 households of concerned citizens from Rodney, Hoornkill, and the surrounding Lewes areas (the Concerned Citizens), we are writing to express our serious concerns about the resubmitted major subdivision application for Fishers Cove, a proposed 18-home subdivision behind the historic Fisher’s Paradise home at 624 Pilottown Road in the City of Lewes. The subject property immediately borders the Great Marsh, has a past history of tidal and stormwater flooding, is in the FEMA flood plain, and contains a substantial portion of wetlands.
This new subdivision is being proposed by Burke & Rutecki LLC, whose members consist of Chris Schell of Schell Brothers, Tim Tice of Echelon Custom Homes, and Justin Healy of Ocean Atlantic.
The first iteration of the proposed plan was submitted in October 2018, and after it was determined by the Concerned Citizens’ engineer and the city’s retained engineering firm that at least eight of the 18 lots were not suitable for development as proposed, the developer voluntarily withdrew the application.
In an attempt to take a second bite at the apple, the developer submitted a new application to the Lewes Planning Commission to develop Fishers Cove (still containing 18 proposed lots). Although the developer has suggested that their new plan includes a revised stormwater management system and flood mitigation measures, we maintain that the evidence suggests the new proposal will actually increase the likelihood of flooding to adjacent properties bordering the proposed development and the Great Marsh.
As part of the developer’s proposed stormwater management system, they are proposing a marine bulkhead (i.e., a barrier wall) around the wetlands bordering Fishers Cove. The proposed development is in a flood plain, with stormwater retention ponds in the lower areas of the property. The developer’s own engineer’s report says “management of the storm water runoff by means of infiltration practices is not possible,” meaning the water cannot be absorbed into the ground.
Thus, when the retention ponds fill up (which they inevitably will since infiltration is not possible), the water will be released through “controlled openings” in the bulkhead going directly to the Great Marsh and Canary Creek Basin.
Stormwater runoff is a concern; however, properties on Hoornkill and Rodney are historically susceptible to flooding via storm surge in the Great Marsh. Not only will the developer be discharging excess stormwater into the Great Marsh and Canary Creek Basin, but we understand that during tidal flooding events, the bulkhead will also act as a barrier preventing the natural dispersion and flow of tidal waters over the Fishers Cove property.
In other words, the developer’s proposed plan appears to be diverting water from the Fishers Cove subdivision directly onto the property of residents on Hoornkill and Rodney (who already incur significant flooding during increasingly common storm events). We are concerned about the lack of filtration due to increased impervious surfaces with elevated roads and driveways, as well as the risk of contaminants flowing back into the Great Marsh without the benefit of wetland filters. We believe the bulkhead only increases the probability of these risks occurring.
For years, the flood plain on the property proposed for development has protected the surrounding neighborhoods. It has helped minimize and/or prevent flooding on Rodney, Hoornkill, Pilottown, Harborview, etc. Scientists agree that once a flood plain has been disturbed, it is very difficult to reconstruct. Given what is known about rising sea levels, how can the development as proposed be seriously considered? We need to protect our existing flood plains.
At the Parks and Recreation Commission meeting April 15, the developer’s attorney noted that most of the properties on Hoornkill and Rodney were built before the current FEMA regulations, are well below the flood plain, and thereby are more susceptible to flooding.
He suggested that the developer should not be held responsible to account for an increased risk of flooding to properties below the flood plain. We fundamentally disagree with both the accuracy and spirit of this irresponsible development mentality. We believe the developer must be held to account for any disruption which Fishers Cove causes in the Canary Creek Basin including increased flooding on the property of all Lewes residents - regardless of when their home was constructed or the applicable grading regulations in force at the time of construction.
We further implore the City of Lewes to protect the citizens on Hoornkill, Rodney and Pilottown by rejecting any plan for Fishers Cove that would result in increased flooding and damage to their property.
Representing the Concerned Citizens of Rodney, Hoornkill & Friends:
Andrew Campanelli
Eunice Henderson
Barbee Kiker
Janice Pinto
Doug Rock
Rick Spitzborg
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