The Sussex County Planning and Zoning Commission issued a rare denial Thursday for the proposed 315-lot Coral Lakes housing development, planned for Robinsonville Road in Lewes.
None of the four out of five commissioners who voted against the proposal voiced their reasoning, but Coral Lakes, a Schell Brothers development, was the subject of much opposition.
About 90 protestors gathered in front of county offices Thursday afternoon, holding signs with wording like “Stop Coral Lakes,” “Enough Is Enough” and “Extend Buffer Zones.” Members of groups such as Sussex2030 and Sussex Alliance for Responsible Growth were in attendance. A similar protest occurred in September 2021.
Opponents of Coral Lakes took issue, in particular, with Schell’s proposed clearing of about 95 acres of forest, filling of nontidal wetlands (the amount of which varies by agency and year of data) and what they see as inadequate wetland buffers, as well as the perennial complaint of traffic.
“Many people are calling on Schell to donate the land,” said Eul Lee, a founding member of Sussex2030. “This is, environmentally, a very, very not savory thing to do.”
John Novosel, owner of one of the two parcels Coral Lakes is proposed to be built upon, watched the protest from nearby. He said he settled on the property that morning and was certain the development would be approved.
“It is America … you get to do with your land what you want. It’s my property,” he said ahead of the commission’s evening vote.
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During the Planning and Zoning Commission’s 5 p.m. meeting, Commissioner Kim Hoey appealed to the public before addressing the application.
“I just want to let everybody know that there’s been a lot of people saying that we are asleep at the wheel, but I want you to know that we worked very hard on this and listened to everybody as much as we could,” Hoey said.
She then moved to grant preliminary approval for Coral Lakes, a Schell Brothers development, with conditions, but before the vote, Assistant County Attorney Vince Robertson spoke.
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“Subdivisions are … governed by the county’s subdivision and zoning code. So, if it’s a permitted use and it meets all the requirements of the specific code … it’s permitted,” he said.
The time for the public to get involved in land use is not necessarily at the time of a subdivision hearing, Robertson said, but during the creation of comprehensive plans or when the County Council is considering laws regulating land use.
“When the commission gets to the point where it’s acting on a subdivision, it’s simply following the laws,” he said. “That’s not to say that it’s a rubber stamp on these subdivisions, because it’s incumbent on the applicant and, frankly, the opposition to make a good record that, if there’s an appeal in court, would hold up.”
Despite the efforts to assuage the public’s concern, everyone on the council except Chairman Robert Wheatley then voted against the development, including Hoey, who was the one to move to grant approval.
Schell Brothers spokesperson Alyssa Titus declined to comment when asked if they would appeal the decision.
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Sussex2030’s Lee was confused by the nature of the vote but pleased with the result.
“I think, if Schell appeals, their reputation is at stake,” she said. “They claim to want to preserve the environment, so does this really go with that claim? It’s doesn’t jive to me.”
Shannon Marvel McNaught reports on Sussex County and beyond. If you value her work, please consider subscribing.