Sussex council affirms P&Z Terrapin Island decision

With a 5-0 vote at its Oct. 26 meeting, Sussex County Council denied an appeal filed by residents against Sussex County Planning and Zoning Commission’s preliminary site-plan approval of the Terrapin Island subdivision off Camp Arrowhead Road between Lewes and Long Neck.

Developer Riber Development of Millersville, Md., has plans to construct 42 single-family homes on the 32-acre parcel, which borders Rehoboth Bay.

Council President Mike Vincent moved to affirm the commission’s decision. He said the commission’s findings include detailed reasons for its approval, including the fact that the land is in an AR-1 zoning district where property owners can build 2.17 units per acre by right. “The commission also adopted 22 conditions of approval, which minimize any adverse impact on the property owners and residents in the area, many of which address items raised by the appellants, including setbacks, buffers and the high-water mark,” he said.

He said the list of 22 conditions is among the most ever imposed on a preliminary subdivision approval. “This clearly demonstrates that the commission used careful consideration in its review and approval of the application. Any information contained in the preliminary plan that needs clarification, can be included on the final subdivision plan,” he said.

Vincent also noted that the developer must obtain state and county agency approvals. “If the applicant does not get these approvals, the project does not get built,” he said.

The president said the appellants claimed the commission did not adequately consider the project, but the record demonstrates they did. He also noted that the appellants pointed to alleged flaws in the application. “Those alleged flaws were either technical in nature, do not go to the merits of the application, were addressed by the commission’s conditions, will be addressed as part of the final site plan process, were irrelevant to the standards on this appeal and/or were waived by the appellants failure to raise them at the hearing.”

The application drew opposition – including a petition with more than 500 signatures – mostly from residents of Bayfront at Reboboth and West Bay manufactured home park, which border the parcel.

Keith Steck, a spokesman for the appellants, said, ”We’re disappointed but not surprised.  Also, nothing is off the table at this point,” he said, alluding to possible court action. He also noted that the public will not have an opportunity to comment during the review of the final site, which will be acted on by the commission. The appellants’ complete statement on the decision is included.