Lewes paths draw concerns from residents
When the 34-unit Mariner’s Retreat subdivision was approved by Lewes Mayor and City council in 2016, 15 conditions were attached for any future development of the site.
One of those conditions regarding bicycle and pedestrian paths is now at the center of controversy as the project nears completion.
The Mariner’s Retreat plan includes two paths – one connecting Seagull Drive to Sussex Drive in Highland Acres, with the other connecting the two sides of Mariner’s Retreat, which comprises two dead-end roads with wetlands in the middle.
A condition of approval states that each path is to be a 10-foot-wide multi-use path.
Randy Burton of Burton Builders said he relied on minutes from April 2016, when Nick Hammonds of Jack Lingo Asset Management said Highland Acres residents were opposed to a bicycle and pedestrian path between the two communities. He said he was informed of the condition about six weeks ago and has agreed to build a 9.5-foot-wide path by Thanksgiving.
As for the internal path connecting each side of the community, Burton built a 5-foot-wide paved path for pedestrians only. He said he does not believe it is feasible to widen it to 10 feet. He said there are three curves, including one blind spot. Along with safety concerns, he said tree loss would be significant if a 10-foot-wide path is constructed.
City Manager Ann Marie Townshend said the interpretation of the condition is that the design description only applied to the path between Sussex Drive and Seagull Drive and that the 10-foot width requirement did not apply to the internal path. Burton said the city was wrong to include any of those requirements in the conditions.
Highland Acres residents Cathy and Ed Tessein interpret the condition differently. Delaware’s Department of Transportation’s Division of Planning and Policy’s definition regarding regulations for subdivision streets states that “multi-use” includes the use of bicycles.
The Tesseins said they were told by Mayor Andrew Williams and Councilman Tim Ritzert that a public hearing regarding the issue is not typical for something like this. They were also told that the city’s interpretation of “multi-use” is walking or running on a path.
With the HOA taking control of the internal path once the development is complete, there isn’t much the city can do, according to officials. Ed suggested, at a minimum, the city take over the path between Sussex Drive and Seagull Drive, something Burton and Townshend say they have discussed.
“If it was brought out to a wider public discussion, it would be helpful, and then we could get a consensus across the entire community and deal with it,” Ed said. “I don’t think two or three people who were not involved in any of the processes should make this decision and make the whole process moot.”
Ed is referring to the fact that no one on the current mayor and city council was in office when Mariner’s Retreat was approved. Townshend also had not joined city staff yet.
Townshend said if Lewes had a city planner at the time, much of this confusion would have been avoided.
