Milton Planning and Zoning Commission unanimously granted a one-year extension Aug. 18 to the preliminary site-plan approval for the developers of Cannery Village IV.
Joe Reed of developer Chestnut Properties said delays brought on in part by the COVID-19 pandemic have prevented the project from moving forward. Reed said engineering work has not been completed in time for submission for final site-plan approval, and there are also outside issues, both with the town and state agencies, that need to be finalized.
“Frankly, we’re very close. But we need another month or so to have everything together for final approval,” Reed said.
Preliminary approval of Cannery Village IV was given Aug. 20, 2019. Preliminary site-plan approval says OK to a development concept, giving the applicant the go-ahead to begin pursuing more detailed engineering plans and obtaining any outside agency approvals. By town code, an applicant then has a year to come back before the commission for final approval.
Chairman Richard Trask admonished Reed and Chestnut Properties for taking so long.
“Many people have come in front of us with their projects and don’t seem to have this kind of problem with getting the necessary innovation for approval by the planning and zoning commission,” he said.
Trask suggested if plans for the development, which includes 117 townhouses on 27 acres near the intersection of Cave Neck Road and Front Street, are being changed drastically, Chestnut Properties should start the process over again with new plans.
Reed said the site plan itself isn’t going to be that different from what was already approved. He said the Delaware Department of Transportation has suggested changes to the entrance, but those are not normally part of a preliminary submission.
Trask said he did not want to see Chestnut Properties come in with a site plan that was different from what was already approved. Commissioner Maurice McGrath asked if DelDOT has asked for changes to the entrance, how does that affect the overall layout of the project?
Reed agreed with Trask, and said Chestnut Properties is not planning a bait-and-switch; he said the final site-plan submission would match the preliminary plans.
Town Solicitor Seth Thompson said, “The applicant is indicating their understanding that if the plans drastically change, they may not be eligible for final approval.”
Thompson said an applicant can only get an extension up to one year, and can only get one extension as long as the applicant shows good cause. Thompson and town engineer Sharon Cruz said the pandemic has slowed response from state agencies such as DelDOT on getting even simple questions answered.
The commission accepted Chestnut Properties’ word, and agreed to grant an extension through August 2021.