Fishers Cove subdivision

APPLICATION STATUS – 

On March 2, 2022, the Mayor and City Council of the City of Lewes voted unanimously to approve a Settlement Agreement and General Release with developer Burke and Rutecki, LLC related to the property known as “Fishers Cove” adjacent to Rodney Avenue in the City of Lewes.  

Mayor Ted Becker, speaking on behalf of City Council, explained that “the agreement secures the best possible outcome for the City.  While there was strong community sentiment that the area remains undeveloped, City Council recognized that the owners have the right to develop the property.  Although City Council would have preferred a more modest development, both City Council and the developer worked diligently to resolve this matter in a way that ensures the residents in the new development and those living in the surrounding communities, including Rodney Avenue, will continue to enjoy the quality of life that is emblematic of the City of Lewes.” 

Developer Burke and Rutecki, LLC submitted a major subdivision application to the City which was denied preliminary consent pursuant to City Code of Ordinances § 170-19 on October 14, 2021 due to the Mayor and City Council’s concerns about flooding and stormwater management as raised by neighbors of Fishers Cove.   This led to Burke and Rutecki, LLC bringing three separate actions challenging the Mayor and City Council’s decision.    

The developer and the City continued to work together to address the City’s concerns.  The result of these discussions is an outcome that is not only compliant with the City Code of Ordinances and allows Burke and Rutecki, LLC to develop Fishers Cove, but also secures significant benefits for the Lewes community.  The agreement provides for the reduction of one lot that will be acquired by the City as additional open area to enhance permeability.  A landscape buffer will be planted at the beginning of construction.  Additionally, the agreement provides funding for an account to be managed by the homeowners’ association that assures that the stormwater management system will be professionally managed in perpetuity.  The City will receive annual stormwater inspection reports from the homeowners’ association.  The agreement provides that Rodney Avenue will not be modified, addressing concerns from residents about the impact that modifying the road would have on their properties.

City Solicitor Glenn C. Mandalas of Baird Mandalas Brockstedt LLC, and outside counsel Max B. Walton and Alan R. Silverstein of Connolly Gallagher LLP and Scott G. Wilcox of Moore & Rutt, P.A. represented the City of Lewes in this dispute.

Final Plans

Preliminary Consent Report and Remand 

Applicant’s written responses (February 2020) to Lewes Planning Commission decision

Applicant’s written responses (December 2019) to Lewes Planning Commission decision

Preliminary Consent Review (March 29, 2019 Submittal)

Reports/Reviews

Preliminary Consent (December 2018 Submittal)

Fishers Cove concept plans were submitted for preliminary consent in October 2018.  Plan revisions were submitted for preliminary consent review in December 2018, as follows (click to view)

Burke & Rutecki, LLC – Minor Subdivision Plan

Public Comments

Comments following January 2020 Council decision permitting additional comments until February 28, 2020.

Comments regarding Remand

 Comments regarding submitted