Somerset Green residents want privacy fence
Who knew a fence could be so complicated?
Residents of Somerset Green, a 53-unit town home community along Shady Road and Plantation Road near Lewes, say a promised privacy fence has not been built.
Resident Maurio Licciardello said homeowners have documentation showing builder Ryan Homes had plans to construct a fence around the Plantation Road intersection to shield homes from traffic, noise and lights. Those plans were presented during homeowners association meetings held Jan. 15 and April 16, 2019.
Licciardello also claims homeowners were shown a site plan that included a fence and many residents were told verbally a fence was forthcoming.
Licciardello said, “The commitment, which is now over three years old, was to install a 6- to 7-foot vinyl fence and plant tall trees on both Plantation Road and Shady Road to effectively screen in our community from a very busy and heavily trafficked area.”
After housing construction was completed and the fence was not built, some residents filed a complaint with the Sussex County Planning and Zoning Office, and a violation notice was issued to the developer, but was later rescinded.
According to Sussex County Planning and Zoning Director Jamie Whitehouse, the approved site plan made reference to a fence, but the actual site-plan drawing did not show a fence. Instead, a stormwater swale was shown on the plan.
He said it's understandable there is confusion because the way swales and fences are depicted on site plans is similar.
“There was reference to a proposed fence on the site plan legend,” Whitehouse said. “That prompted further investigation with the [builder’s] engineer and the Sussex Conservation District.”
He said when the county's site-plan drawing was compared to their drawings, it was determined a fence was not included on the final site plan and the violation notice was withdrawn July 7.
Residents file for another site plan
Residents then filed an application with the Sussex County Planning and Zoning Commission for a revised site plan to include a fence at the intersection.
At its Sept. 10 meeting, the P& Z commission deferred a vote on a proposed revision to the site plan presented by homeowners for a 7-foot-high fence around the perimeter of the six units closest to the intersection, Whitehouse said. In support of the request, letters from 20 homeowners, or approximately 38 percent of the units in the development, were submitted.
The commission requested the residents get the entire homeowners association to vote on the revised site plan and submit the results to the commission.
“The planning and zoning commission has not closed the door on a possible fence. It's awaiting more information,” Whitehouse said.
Licciardello said the developer and not the homeowners association should pay for construction of the fence.
He said it's ironic that a large privacy fence has been placed along two sides of the new Sunset Glen community, another Ryan Homes development directly across from Somerset Green.
“It's become a private matter between the residents and the developer. The county is not involved in whether a fence was promised or not,” Whitehouse said.
Calls to a Ryan Homes representative were not answered.
