The Lewes Planning Commission has again showcased its concerns with the proposed Overfall Preserve townhome community over connectivity, open space and other elements it says do not fit with the character of the historic city.

Commissioner Rich Innes even suggested he would be willing to see a legal challenge over the 90-unit community, which would be built on the former Warrington property between Savannah Road and Kings Highway. 

“If we put together a coherent recommendation for city council, that this is concern for public safety and our community, then let the chips fall where they may. If we get challenged, we are hopeful a court will say that a community can determine its own future,” Innes said.

Commissioners again expressed opposition to the preliminary site plan at a special meeting Nov. 12. The majority of the discussion centered on a possible connector road between Savannah Road and Kings Highway.

Commissioners expressed concern that the Delaware Department of Transportation’s current plan for getting vehicles between the two major arteries is not safe or feasible.

“I really question DelDOT’s judgement in this, and I’m very concerned about this as a citizen,” said Commissioner Debra Evalds. “We have an obligation to public safety and public health.”

As it stands now, drivers would have to weave their way through Overfall Preserve, through the adjacent Dutchman’s Harvest community and the parking lot of the Lodge at Historic Lewes to reach Kings Highway from Savannah Road.

The Lodge recently installed no trespassing signs at its entrance. The city is looking into whether it can legally prevent traffic from cutting through the community.

The planning commission said there should be a full-size connector road straight through from Savannah to Kings.

The developer has said that would trigger a redesign of the site plan, which would cause a hardship because it would result in the loss of units.

DelDOT has told the planning commission it does not favor a straight-through connector, because it would intersect with Kings Highway too close to a planned roundabout.

DelDOT does support a connector through the yet-to-be-developed Plummer property, which would start at Overfall Preserve and make a right turn before ending at Kings Highway farther north.  

There is no direct access from Overfall Preserve to Kings Highway, so a connector, if built now, would be a “road to nowhere” ending at the property line.

Innes said he would strongly recommend to mayor and city council that it require a traffic impact study.

“This is a major impact on a major artery to a gateway to our city with major implications to safety, congestion and our way of life in the city,” Innes said.

Gail van Gilder, chair of Historic Lewes Scenic Byway Committee, said a DelDOT engineer told her the straight-through connector through Overfall Preserve is not ideal, but doable.

Commissioners also expressed concern over the amount of traffic expected to use the exit to Savannah Road that will be shared by Overfall Preserve and Dutchman’s Harvest. The Historic Lewes Scenic Byway Committee said the two new developments will add 1,670 daily vehicle trips on Savannah Road.

Commissioners agreed there should be two exit lanes – one for left turns, the other for right turns.

“I’m concerned it is going to become a big backup point and people wanting to make a left turn are going sit and wait and wait and wait and hold everyone else up,” said planning commission Chair Melanie Moser.

DelDOT has already approved a single-lane exit.

Moser said the city should put no parking signs up on Savannah Road by Lewes Brewing Company, because people are parking in the bike lane. She said those cars will block visibility at the new shared entrance and create a safety issue.

Commissioners also expressed concerns about the amount and design and spirit of the proposed open space.

“When you look at the compact nature of this development, I think it flies in the face of what you would consider to be adequate open space for a development we’re going to allow in our community,” Innes said.

Commissioners also questioned the number of guest parking spaces and the width of walking paths through the community.

“We know it’s code-compliant, but does it meet the intent of what we want for the City of Lewes?” Evalds said.

The commission does not have Overfall Preserve on the agenda for its regular meeting at 6:30 pm, Wednesday, Nov. 20, at the Rollins Center.