11/30/2025

RE:  TEPACHE FARMS 2024-03

Dear Council Members,

The residents of Burton Road are reaching out because we believe the Sussex County Planning & Zoning Commission made the wrong decision on November 5, 2025 regarding the Tepache Farms/Burton Meadows subdivision. We respectfully urge you to review the 2019 Planning & Zoning denial for this same property:
https://saveburtonroad.com/2019-denial/

The reasoning behind that unanimous denial remains entirely valid today. Nothing about the land has changed. The soil conditions did not magically improve between 2019 and 2025. Every concern raised in the original denial is still present — and, in many cases, the conditions have worsened. If the property was not suitable for multiple septic systems in 2019, it is not reasonable to assume it suddenly became suitable now simply because the developer waited out the process and pursued a different procedural path.

We are not seeking special treatment. We are seeking fairness, consistency, and accountability. The facts remain the same as they were in 2019: the soil is unsuitable, the land is low-lying and wet, and drainage issues persist. Yet the 2025 outcome contradicts the unanimous 2019 decision.

The Planning & Zoning Commission could have denied the application again — they had the grounds. However, it was clear that this was not the direction Mr. Robertson favored. If the Commission wanted to deny the application, they could have done so and tasked Mr. Robertson with drafting a defensible argument. If he was unwilling or unable, they should have sought outside counsel. The repeated statement that a standard subdivision “checks all the boxes” oversimplifies the analysis. There were legitimate, substantive areas of concern, especially regarding compliance with Section 99-9C of the County Code.

Another troubling issue is the Commission’s public statement that the proposed subdivision represents “12 fewer lots” than the prior application. This is simply false and indicates a misunderstanding of the application.

The 2019 denial was for a 33-lot subdivision.
Since then, James Grant and Asburn Builders were able to construct 8 homes on the same property.
The new subdivision proposes 21 lots.

21 + 8 = 29 lots.
33 – 29 = 4 lots fewer, not 12.

This is a substantial discrepancy. If such a basic numerical fact was overlooked, it raises serious concerns about what else may have been missed during the review.

As residents directly affected by this decision, we ask you to consider these issues carefully. The process must be rooted in accuracy, understanding, and consistency — not in rushed conclusions or misplaced legal interpretations.

You, as the Sussex County Council, have the power to revisit this application without an appeal. This would demonstrate the level of commitment to the county's citizens that we need on the council.      

Thank you for your time and your attention to this matter. The residents of Burton Road are counting on you to help ensure a process that is fair, honest, and aligned with the reality on the ground.

Sincerely, 

The Residents of Burton Road who Spoke out Publically and via Electronic Correspondence