Residents voice concerns on last phase of Lewes Crossing

A small parcel along Beaver Dam Road may be the most contested land in Sussex County.

The 19-acre site south of Henlopen Landing has a long history of unrealized development that includes abandoned plans for a project proposed by state housing officials.

Developer BDRP LLC has filed three applications, including the most recent request that was heard April 14 by the Sussex Planning and Zoning Commission.

“This is the third time we've been before you on this project and each time it's been getting smaller, smaller and smaller to get to what is acceptable,” said Dennis Schrader, the developer's attorney.

The original application of 100 units was withdrawn last March. Then last December, the commission denied a plan that included 80 duplexes in 40 buildings.

Now, the developer has filed a major subdivision plan for 42 single-family lots as Phase 8 of Lewes Crossing along Beaver Dam Road near Lewes. The phase would connect to Phase 7 and be located across the road from the first six phases of the project. Construction on the first six phases has been ongoing with about 80 houses built so far.

Phase 8 would share amenities with all other phases and also share its entrance with Phase 7. If Phase 8 is approved, the overall community would have 234 lots on 108 acres.

Current residents of Lewes Crossing are not welcoming potential new neighbors with open arms. They say, for one thing, the idea of sharing amenities needs another look. They say adding a pool to the plans to serve residents in Phase 7 and Phase 8 is warranted.

Kevin Lawrence, a member of the Lewes Crossing advisory committee, said it's inevitable the 19-acre parcel will be developed. “But our overriding concern is how it will impact the residents, infrastructure and amenities of residents in the first seven phases,” he said.

Lawrence said the community's clubhouse and pool are minimally sized for the current residents let alone for residents in another 42 homes planned as Phase 8 of the project.

He said the residents have worked with the developer to seek solutions, including a separate HOA for Phase 8 residents. He said homeowners had asked for a postponement of the public hearing to iron out their differences.

“We had hoped to avoid litigation, but there are legal issues with this. It appears our best interest now is to seek legal counsel,” Lawrence said.

Other residents testified they feared for the safety of people crossing Beaver Dam Road to use the community's amenities.

Several residents testified that they did not learn about Phase 8 until after they had settled on their homes. “It was never disclosed there was a Phase 8 of the development. I asked and was told no,” said resident Susan Brenner, who has been in the real estate business for 38 years.

“You need to have a conversation with who made that promise,” said Commission Chairman Bob Wheatley.

Vince Robertson, the county's assistant attorney, told residents an amendment to the community's chain of title was added to include reference to Phase 8 in July 2014.

Commissioner Mike Johnson said after reading the amendment, there is also an option to seek the annexation of another 419 acres adjacent to the project. “Under the current density, that's 910 more homes,” he said.

Commissioner Marty Ross – who was critical of the previous applications – said the current application with single-family homes was now compatible with the rest of the Lewes Crossing project. “There is no rezoning – you fixed that,” he said.

The commission deferred on a vote until a future meeting. While county council has a second public hearing on rezoning and conditional-use applications, only the planning and zoning commission rules on subdivision applications.