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Land Management

Water troubles dictate Deerbrook subdivision hearing

Cape Gazette of Lewes, Delaware

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Developer could provide a solution

Water problems have plagued some areas of Sussex County for the past two months, and they surfaced during a public hearing for the proposed Deerbrook subdivision in Long Neck, near the intersection of Route 24 and Autumn Road.

The applicant, Alpaco V LLC, wants to subdivide 57 acres into 135 lots in a general residential district No action was taken on the application during the Jan. 28 meeting.

Flooding is a concern in the area, but an engineer for the developer says the problems have been caused by abnormal rainfall of 20 inches in October, November and December, more than 14 inches above average for the year.

John Murray, an engineer with Kercher Engineering in Georgetown, said part of the problem could be tied to a malfunctioning 24-inch drainage pipe under Autumn Road, the main drainage pipe for the area

He said the applicant could fix the pipe on Guinea Creek. Developer Gus Croll, CEO of Georgetown-based A.P. Croll and Son, said if it were possible, he would work to improve drainage in the area. "But it will take some cooperation of the neighborhood because of the topography in that area," he said.

Croll said Deerbrook would be available for a wide variety of home types: single - and double-wide manufactured homes, modular homes and stick-built homes. "I will have the final say what goes in there until a homeowners association takes over," he said.

He couldn't say if the subdivision would be for retired residents or families, or both. "The economy has dictated different terms on what is affordable," he said.

Water issues surface

Laura Hudson, who lives near the proposed subdivision, said water problems have nearly crip-pled her dog boarding and grooming business. She said the "new lake" on Route 24 continually flows onto her property, referring to a large accumulation of standing water across from Long Neck Back Bay Shopping Center. Her property has been flooded since mid-November.

She said she was worried the proposed development would exacerbate the water situation.

"The law is they can't dump more water on you," said Commission Chairman Robert Wheatley. "They can't make it any worse."

Neighbors said a ditch was needed to improve drainage in the area. Hudson said the Department of Natural Resources and Environmental Control (DNREC) plans to start the tax-ditch process for area residents. "But that could take as long as two years," she said.

James Sell, a resident of Branch Road, which will serve as an access road to the proposed development, said the road has no drainage, and flooding has occurred nine of the past 10 years. "There is no factual proof anyone can move the water away at a faster rate than now," he said.

Commissioner Marty Ross said those in opposition are blaming a new guy for an old problem. "You will have to work together as neighbors with Mr. Croll to solve the problem," he said. "We do not have a magic wand."

He said stormwater management is regulated by Sussex Conservation District and DNREC anyway.

Ed Funk, a client of Hudson's, said he doesn't see anyone stepping up to help residents in the area. "All she needs is a backhoe to dig a ditch. You don't seem to care," he said.

During the exchange, Funk said he was from Pennsylvania and knew how the system worked. Wheatley reminded him the road he came on also goes back to Pennsylvania

Murray said a stormwater management system for Deer-brook would be established when the application received preliminary approval from planning and zoning.

Access from Branch Road

Residents of the proposed subdivision would access the development from Branch Road off Autumn Road, through a section of an existing development owned by Steele Development Corp. Murray said an agreement for use of Branch Road was pending. County sewer would also be extended to the proposed development along private Branch Road and in the process provide central sewer to 70 lots outside Deerbrook.

Under county regulations, once sewer construction is completed, the road must be returned to at least the same condition it was prior to construction.

Commissioner Mike Johnson was concerned there were no comments from the applicant and engineer in response to state agency comments during the. Preliminary Land Use Service (PLUS) process.

Murray said the applicant has presented a revised plan with less density and 50-foot wetlands buffers to the State Office of Planning Coordination

"We won't respond until we get that response," Johnson said.

Murray said a traffic-impact study was not required, but the applicant contributed funds to a proposed Delaware Department of Transportation area-wide traffic study.

The commission left the record open for 10 days for the applicant's response to the PLUS comments; the state's final response to the applicant's response to the PLUS comments; and verification that the applicant has an agreement to access the project from the Steele Development Corp. lands. Once all three are received the application will be placed on the agenda for the commission. There is no time limit when a subdivision is deferred, said Lawrence Lank, director of planning and zoning.





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Original Publication Date: February 5, 2010



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