Lewes council addresses Fisher’s Cove settlement

In the recent weeks since the City of Lewes and Fisher’s Cove developer reached a settlement, we have come to better understand that the information we shared to date has led to misconceptions. We write to clear the air on this legal settlement for the community.

We first want to assure you that we on the council and our legal advisors did everything possible to achieve the best outcome for the neighbors and the city as a whole. We have read your emails and letters, heard your frustrations, and know many of you are genuinely upset. This is, for sure, an impassioned issue for neighbors of Fisher’s Cove and others in the community.

The city’s vote to uphold the planning commission’s denial of Fisher’s Cove prompted three lawsuits from the developer. We made the decision to settle these lawsuits based on our understanding of the risks associated with the litigation and our duty to the citizens of Lewes. We determined that risking the city’s financial future on a lengthy legal battle with an uncertain outcome was not in the best interest of the city.  

Please keep in mind that the property has been zoned for residential development (R-2) for many years. Based on legal advice from our attorneys, who are experienced in land-use law, we understood that the litigation’s outcome was uncertain and that the cost to the city would likely be substantial. Even if we were to succeed in the litigation, costs would be exorbitant, and the years of protracted litigation would have diverted attention from other community priorities. The constitutional claims, if successful, could have exposed the city to damages that could have jeopardized the city’s financial health.

As we shared in our statement in early March, we were able to secure specific benefits for the community. The agreement provides for the city to acquire one lot as additional open, permeable area. To protect the residents of Rodney Avenue, a landscape buffer will be planted at the beginning of construction between the development and adjacent properties.

Additionally, the agreement provides funding for an account to be managed by the homeowners’ association that requires the stormwater management system will be professionally managed in perpetuity. The agreement requires the HOA to provide the city with an annual stormwater system inspection report.

The agreement also provides that Rodney Avenue will not be modified, addressing concerns from residents about the impact that modifying the road would have on their properties.  

Finally, we are hopeful there will be other benefits that may be secured soon which we will share with the community at the appropriate time. In short, we believe this is the best result we could have achieved under the circumstances.

Again, we take the public concerns seriously. We share many of your expressed frustrations and are working on code updates to align development with our values. We need a community dialogue to develop policies that will add protections to flood-prone areas for future development.

We applaud the planning commission and its efforts to complete a comprehensive review of the subdivision code. If ultimately approved, their recommendations will enhance open space requirements, improve the development review process and improve design standards for new development. The commission’s proposed revisions will be scheduled for public hearing soon. We look forward to hearing your input.

We are committed to working with all community stakeholders to develop clear policies that balance the development pressures with protection of the natural and cultural resources and the quality of life of our community.