Small Town News

Sussex council again delays vote on CVS

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Approval could defy existing community covenants

The application process to build a CVS pharmacy at the entrance of the Villages of Five Points has taken more turns and twists than a winding mountain road. With a vote by Sussex County Council expected for a second time at the May 17 meeting, action was again delayed for at least another week. This time, the county wants the developer's attorney to provide an opinion on whether Olde Towne Point LLC has the authority under the community's covenants to file applications for a conditional use and a zoning change. The developer is seeking a zoning change

that would modify a previously approved condition requiring a 4-acre parcel of land near the entrance to the community be devoted to community use. That condition excludes commercial uses. The developer wants to maintain community use on 2.5 acres, but seeks to change the remaining 1.5 acres to a conditional use for a CVS pharmacy at the corner of Savannah Road and North Village Main Boulevard.

Action to defer a vote passed 5-0 after attorney David Rutt advised council more information was needed concerning the community's covenants. "I'm not sure if the developer has the right to bring this application," Rutt said. Rutt said his research of the Villages of Five Points' covenants provides a definition of what the 4.5-acre parcel could be used for. He said use was restricted to community use including fire, police, emergency services, a library or a museum.

"I don't want county council to get into a position where it could get sued," Rutt said.

He added another covenant provides that every homeowner in the community has the right to bring legal action against anyone who violates a covenant.

Hearings have been held on the zoning-change and conditional-use applications with planning and zoning commissioners recommending denial of both requests. In the 4-1 vote, commissioners said the original condition, designating the parcel for community use, should be upheld. Commissioner I.G. Burton said the applicant proposed the idea when the original Villages of Five Points project was approved. Christian Hudson, representing the developer, testified the 2.5-acre parcel would be donated to Lewes Public Library or, if the library turned down the

donation, to the homeowners association. A vote was delayed at the May 10 council meeting to allow time for staff to compile a list of possible findings and conditions for council to consider. Those in favor of the project, who turned out again wearing red T-shirts proclaiming they were for the CVS project, will have to wait another week for a decision. Councilman George Cole quipped supporters were going to wear their shirts out.





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