Appeal filed against Grayrock Preserve decision

January 19, 2024 19

An appeal has been filed by William Sykes of Georgetown over the Sussex County Planning & Zoning Commission’s preliminary approval of the Grayrock Preserve subdivision off Wilson Road near Georgetown.

In the appeal, Sykes cites several reasons related to county code – and in particular Chapter 99 – why the decision should be reversed by Sussex County Council.

“If not, county council should open the public record for additional testimony, oral and written, for alterations in the size and scope of Grayrock Preserve to mitigate the adverse impacts,” he wrote.

Plans for the subdivision include 94 lots on 48 acres near Sussex Academy Elementary School.

Deputy State Forester Chris Miller and State Forester Kyle Hoyd both testified during the commission’s hearing.

The appeal will be heard by council at 9 a.m, Tuesday, Jan. 30. County officials do not comment on pending appeals.

Reasons for appeal

Reasons cited in the appeal focus on the uniqueness of the parcel, which is surrounded on three sides by Redden State Forest.

He said concerns expressed by two state foresters were not considered and not mentioned during the commission’s Aug. 24 decision.

“There was no attempt to mitigate the adverse impact on the wider community,” he wrote.

Sykes notes the forested section of the parcel is a state natural area and a key wildlife habitat. In the plan, 17 acres (42%) of the existing 40 acres of woodlands would be cut down.

Miller testified that two nearby parcels are forest legacy areas for the federal government and were purchased with federal funds.

The plan also includes a 35-acre swath of trees cut down around the subdivision as a fire and hunting safety zone. That work will be done by the state.

Hoyd said the 35-acre protection zone will be done for the sole purpose of permitting development of the property for the benefit of the developer and 94 households.

He claims not only will the public lose access to the area, but that taxpayers will also fund the money to maintain the buffer.

No mention of testimony

Sykes said the commission never mentioned the testimony of either Miller or Hoyd, or Hoyd’s statement that the Department of Agriculture, including the cabinet secretary, felt the subdivision should not be developed at all.

“The P&Z decision did not follow up on any of the concerns brought to the commission’s attention by the testimony. That omission is not reasonable or logical, not indicative of a thorough process of review of the record by P&Z,” he wrote.

Sykes said the decision should be reversed because “it is not consistent with the welfare of Sussex County citizens; is inconsistent with orderly growth, proper development and the use of land in the county; and it will result in loss of taxpayer investments and necessitate ongoing taxpayer expense.”

Recharge area

Hoyd said the importance of the parcel as a valuable recharge area for water quality “is magnified by concern about the impact on the existing breeding pairs of tiger salamanders in the ponds near the property.” Miller said the state is concerned about the impact on the state’s endangered species, with fewer than five occurrences of them in the state.

State environmental staff use the area for ongoing research.

“The upper projection of Grayrock is very close to the main tiger salamander pond,” Sykes wrote.

Sykes said Hoyd testified that if the project does proceed, the number of homes and land used should be decreased by least half, and the county should require the developer to create a fire buffer within the development.

“Inserting a subdivision into a state forest that could impact a highly endangered species that the state has invested time, effort and money to protect is not pursuing a pattern of orderly growth, nor assisting in the proper development and use of land in the county,” he said.