The following letter was sent to Sussex County Council with a copy provided to the Cape Gazette for publication.
The residents of Burton Road are writing to express our concern regarding the Sussex County Planning & Zoning Commission’s Nov. 5 decision to approve the Tepache Farms subdivision. We respectfully request that you, as members of Sussex County Council, review this decision in light of the commission’s unanimous denial of a nearly identical application in 2019. The full 2019 denial is available for your reference at www.saveburtonroad.com/2019-denial/.
The reasoning behind the 2019 decision remains valid today. The land has not changed since then. The soil did not improve, the water table did not recede and the drainage issues did not resolve themselves. Every concern that made the property unsuitable for multiple septic systems in 2019 is still present now, and many conditions have worsened. If the land was deemed unsuitable then, it is unreasonable to assume that it has somehow become suitable now simply because a developer pursued a different procedural route.
Our request is not based on emotion or preference; it is based on fairness, consistency and fidelity to established standards. The facts are the same: the property is low lying, poorly drained and characterized by soils that are not compatible with multiple on-site septic systems. The commission had legal grounds to deny the application once again, and it is concerning the approval appears to conflict with the rationale that underpinned the 2019 decision.
Equally troubling is the commission’s repeated public claim that the new proposal represents 12 fewer lots than the previous application. This statement is false, and its acceptance suggests a misunderstanding of the proposal. The 2019 application sought 33 lots. Since then, eight homes were constructed by James Grant and Asburn Builders on the property. The current application proposes an additional 21 lots. This results in a total of 29 lots, only four fewer than the original proposal – not 12. Such a basic numerical discrepancy raises questions about the accuracy and thoroughness of the review process.
As residents affected by this decision, we ask that you carefully consider these inconsistencies. A process of this importance must be rooted in accurate information, sound reasoning and consistent application of county standards, not expediency or misinterpretation.
Council has the authority to revisit this application without an appeal. Doing so would demonstrate a commitment to thoughtful governance, transparency and the protection of Sussex County residents.
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