Sussex P&Z removes hurdle for Osprey Point marina, restaurant

At its May 11 meeting, the Sussex County Planning & Zoning Commission approved an amendment to allow the process to continue for a proposed marina and restaurant in the Osprey Point residential-planned community at the end of Old Landing Road near Rehoboth Beach.

The commission had deferred a vote and left the record open at its Aug. 25, 2022, meeting for receipt of a Delaware Department of Natural Resources and Environmental Control decision on the marina.

However, DNREC will not review marina plans until the project is approved by Sussex County Council.

In a letter written by attorney David Hutt, on behalf of developer Osprey Point Preserve LLC, he said the applicant is caught in a Catch-22 situation. “In order for DNREC to approve the project, it requires confirmation that the marina is approved for the parcel,” he wrote. “The Aug. 25 deferral leaves the applicant whipsawed between two government bodies.”

DNREC has solicited public comments on the marina project, but has not scheduled a public hearing.

The planning & zoning commission must make a recommendation to council within 45 days of the meeting.

The original Osprey Point community plan was approved in November 2016 and includes 217 single-family home lots on 127 acres of the former Old Landing Golf Course.

The plan includes a 24-slip marina, a launching area for non-motorized watercraft, 82 parking spaces and a 3,259-square-foot restaurant with a pool and bar on a 1.85-acre parcel along Arnell Creek. The amenities would be available to residents and the public.

The marina is designed for pontoon and small runaround boats less than 24 feet with shallow drafts, which is the type of boat used by most boaters on the tributaries of Rehoboth Bay.

DNREC would not issue a permit for dredging the marina basin.

The marina plans include two sections of docks, and a floating dock to be used for a kayak and paddleboard launch.

In the marina, fueling and boat repairs would not be permitted, with no overnight docking except for seasonal boat slips.

Buffers of 50 feet along tidal wetlands and buffers of 25 feet along nontidal wetlands are planned.

Environmental consultant Ed Launay testified that the site was chosen because only one crossing of wetlands would be needed, and it provides the best navigable water. The site is not far from the mouth of Rehoboth Bay. He said Arnell Creek is 3 feet deep at the most, adding DNREC requires water to be at least 1.5 feet for a marina for small boats.

He said plans for the marina would meet all state requirements.

Launay said the current county wetlands buffers ordinance allows for water-related recreation amenities within buffers, not including the restaurant.

During an Aug. 11, 2022, commission hearing, several residents voiced their concerns about the project, including noise and traffic impacts from the restaurant, operation of a marina in an area with low water levels, boating safety issues and disruption of wetlands.