Overbrook threatens future of farming in Sussex

Property rights have become a hot topic in both Lewes and Rehoboth Beach. When does one property owner’s right to use their land infringe on their neighbor’s rights? In Rehoboth, the issue centered on noise and properties operating as hotels in residential areas, while in Lewes, neighbors complained about a wedding venue located in a residential area.

Sussex County faces a similar issue as it considers the proposed Overbrook Town Center. The massive, Route 1 complex with 5,000 parking spaces is the largest retail project ever proposed in Sussex County.

Hundreds of county residents and taxpayers have opposed the plan, citing inadequate roads, threats to the environment, delayed access for emergency vehicles and other concerns. However, this project is not a question of competing property rights.

The developer has the right to build two units per acre as the tract is zoned, agricultural residential, or AR-1 – already the least restrictive zoning on the entire Delmarva Peninsula. To build Overbrook, the developer wants council to change the parcel’s zoning to commercial.

Changing zoning is something no one is entitled to by right.

Last week, Delaware Agriculture Secretary Edward Kee joined the debate, warning the project would restrict farm work, such as agricultural spraying, and could spell the end to farming on adjacent lands farmed for generations. Kee also pointed out Delaware agriculture is a $3.8 billion business.

Kee’s words are a challenge to Sussex County Council: If this zoning change passes, other changes will follow, further restricting farming activities. If passed, this decision may one day be seen as the beginning of the end of farming in Sussex County.

Some may say farming in Sussex is already in decline, but a ride down many Sussex roadways still reveals lush farmland and dense forest. Farm fields may one day give way to development, but does Sussex County Council really want to push our family farms out the door?

Council should reject Overbrook Town Center and redouble its efforts to support preservation of agricultural land and open space.

Suburbia may be on the way, but for now, let it wait.