Sussex P&Z has concerns about subdivision entrance

A small proposed subdivision near Milton created a large amount of discussion during the applicant's presentation at a March 24 Sussex County Planning & Zoning Commission public hearing about the proposed entrance to the community off Route 16.

The developer, Insight Land Co. of Bridgeville, has filed an application for Harper's Glen, a 33-lot subdivision on a 30-acre parcel on the north side of Route 16 near the Route 30 intersection west of Milton.

Steven Fortunato of Bohler Engineering in Rehoboth Beach, the developer's engineer, said the approved entrance for the project would be at a lot fronting the highway at the east end of the parcel.

He said all the lots would be at least one-half acre in order to accommodate on-site individual lot septic systems and wells.

In addition, the developer plans to leave as many existing trees as possible in the rear section of the property, depending on placements of septic systems.

During public testimony, Robin Davis, who lives adjacent to the proposed entrance, said the proposed right-turn lane for the entrance off Route 16 would be in front of their driveway and mailbox. “It's a major concern because it's in conflict with our driveway and creates safety issues, including mailbox delivery issues,” he said.

He said the planning and zoning commission should require the developer to relocate the entrance to another lot fronting Route 16. The parcel contains two other lots along the highway which are not considered part of the subdivision.

Davis said the two other lots have 176 feet and 202 feet of road frontage, and the lot proposed for the entrance has 162 feet of frontage. “One of these other off-site parcels is better suited for a turning lane and it would not impact existing driveways,” he said.

Commissioners seemed to agree with Davis' concern.

“Is this encroaching on their property?” Commissioner Holly Wingate asked the engineer.

“Yes,” he replied. “We brought that up with DelDOT and they did not view that as a safety concern.”

“Yes, it is a safety issue,” Wingate said.

When asked about using another lot, Fortunato said the developer could lose lots in the subdivision and the value of the lot along Route 16.

In addition, he said, one of the lots has existing buildings that would have to demolished by the developer. He said the proposed entrance in the plan was the most efficient option.

Commissioner Kim Hoey Stevenson said the developer should consider using what is known as Lot B on the plan, which is in the middle of the frontage. “They can be more creative and still have the same number of lots,” she said.

“You can require that,” said assistant county attorney Vince Robertson. “They made an economic decision and not one DelDOT mandated.”

“Using the middle lot would solve the problem,” Wingate said.

“And the right-turn lane can be along the entire lot and not encroach on anyone's driveway,” said Commissioner Bruce Mears.

Davis was also concerned about the proposed 20-foot buffer along the perimeter of the property. After he requested that the developer use all evergreen trees in the buffer, the engineer said the developer would provide two rows of evergreens along areas adjacent to existing residences.

The commission did not vote on the application and deferred it to a future meeting. A possible change in the entrance location could be among the conditions placed by the commission on the project.

Commission Chair Bob Wheatley, who is the listed Realtor for the parcel, recused himself from the hearing.