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CITY OF DOVER PLANNING COMMISSION
MAY 18, 2020 SESSION #2
The Meeting Session 2 of the City of Dover Planning Commission was held on Monday, May
18, 2020 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due
to Delaware’s Declaration of the State of Emergency for COVID-19. Applications were
previously postponed due to the cancellations of the April 20, 2020 meeting of the Planning
Commission. The Meeting Session was conducted with Acting Chair (Vice Chair) Mrs.
Maucher presiding. Members present were Mr. Adams, Mr. Roach, Ms. Edwards, Mr. Hartman,
Mrs. Welsh, and Mr. Baldwin. Mr. Tolbert and Dr. Jones were absent.
Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian
Swierczek, Mrs. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. Also present
were Mr. Gregg Moore, Mr. Jim McLaughlin, Mr. Stephen Davies, Mr. Jonathon Falkowski, and
Dr. Dan Shelton. Speaking from the public were Mr. Chris Tollinger, Ms. Connie Holland, Mr.
John Parker, Ms. Linda Goodnight, Ms. Lorili Semple, Mr. Doug Halverson, Ms. Marie Biggs,
Mr. Anthony DePrima, and Mrs. Kari Tollinger.
APPROVAL OF AGENDA
Mrs. Welsh moved to approve the agenda as submitted, seconded by Mr. Baldwin and the motion
was unanimously carried 7-0 with Dr. Jones and Mr. Tolbert absent.
COMMUNICATIONS & REPORTS
Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday,
July 20, 2020 (there will be no June meeting).
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
Mrs. Melson-Williams presented the audience information on policies and procedures for the
virtual meeting using the WebEx system.
OLD BUSINESS
1) Request Extensions of Planning Commission Approval:
a. SB-19-01 Minor Subdivision Plan Lands of Kraft Foods Group Inc. at 1250 W. North
Street – Request for Extension of Minor Subdivision Plan approval granted by the
Planning Commission on April 15, 2019 to permit the subdivision of 105.6689 +/- acres
of land into: the new Lot 1 of 16.3949 acres and the Residual of 89.2740 acres. The
property is located on the south side of West North Street and west of POW-MIA
Parkway. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner
of record is General Foods Corp. (Kraft Foods Group, Inc.) Property Address: 1250 West
North Street. Tax Parcels: ED-05-076.00-01-12.00-000 and ED-05-076.00-01-10.00-000.
Council District 2. Note: On April 17, 2020 as part of the City’s Continuity of
Government operations, the Planning Office administratively extended the expiration
date of the Plan approval for 30 days after the termination of the Delaware State of
Emergency.
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Representatives: Mr. Gregg Moore, Becker Morgan Group
Mrs. Melson-Williams gave a brief overview of the application’s request for a one-year
extension.
Began recording the meeting.
Mr. Moore stated that this application is going ahead, and they have been going back and forth
with DelDOT related to road access and they do plan to complete the project.
Mr. Adams moved to approve SB-19-01 Minor Subdivision Plan Lands of Kraft Foods Group
Inc. at 1250 W. North Street and their request for an extension of the Planning Commission
approval, seconded by Mrs. Welsh and the motion as carried 7-0 by roll call vote with Dr. Jones
and Mr. Tolbert absent. Mr. Adams voting yes. Mr. Roach voting yes. Ms. Edwards voting yes.
Mr. Hartman voting yes. Mr. Baldwin voting yes. Mrs. Welsh voting yes; the extension request is
for the final step to obtain approval. Ms. Maucher voting yes; based on Staff’s recommendations.
NEW APPLICATIONS
1) AX-20-03 Lands of JACJIM, LLC at 679 Horsepond Road – Public Hearing and Review for
Recommendation to City Council of an Annexation Request and Rezoning Request for a
parcel of land totaling 2.00 acres +/- located at 679 Horsepond Road, Dover. The property is
currently zoned BG (General Business District) in Kent County. The proposed zoning is C-3
(Service Commercial Zone) and AEOZ (Airport Environs Overlay Zone). The property is
located on the east side of Horsepond Road and south of but not adjacent to S. Little Creek
Road. The annexation category according to Dover’s 2019 Comprehensive Plan is Category
1: High Priority Annexation Areas and the land use designation is Industrial. The owner is
JACJIM, LLC. Property Address: 679 Horsepond Road. Tax Parcel: ED-00-078.00-01-
02.02-000. Proposed Council District 2. Ordinance #2020-07.
Representatives: Mr. Jim McLaughlin, JACJIM, LLC; Mr. Stephen Davies, Apex Engineering
Mrs. Bulkilvish stated that the applicant wishes to annex the two-acre property located at 679
Horsepond Road to anticipate the growth of his business and the need for expansion of the
property. The parcel is zoned BG (General Business District) in Kent County. The proposed
zoning is C-3 (Service Commercial Zone). The property is also located in the AEOZ (Airport
Environs Overlay Zone) because a special concern is given to the permitted uses in this area and
also noise reducing building materials and practices. The continued use as a
warehouse/wholesaler operation is permitted in both the C-3 (Service Commercial Zone) and the
AEOZ (Airport Environs Overlay Zone). According to the City’s 2019 Comprehensive Plan, this
parcel is Category 1: High Priority Annexation Area. The land use designation is Industrial and
the C-3 (Service Commercial Zone) within this land use classification. On April 13, 2020 City
Council did the First Reading of this Annexation request and it is now Planning Commission’s
turn to make a recommendation.
Mr. McLaughlin stated that they are looking to expand in Dover. Obviously, they have been part
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of Kent County for a while and they are looking to use this as a distribution facility. They bought
the building about five years ago and he thinks that they have been open for almost three years.
They also recently purchased a place in Laurel, DE so that is why they want Dover to be their
center hub for the State of Delaware. They are intending to have four to five people work out of
that office and possibly one warehouse individual. But due to the growth of the company, they
didn’t know that they would grow this quickly.
Mr. Davies stated that they have worked with Mr. McLaughlin in the past. Union Wholesales is a
very good company and he thinks that they will be a great addition to the City of Dover and
hopefully you will feel the same way. Obviously, the City surrounds this property entirely and it
makes sense to include this parcel in as well.
Ms. Maucher opened a public hearing and after hearing no one wishing to speak, closed the
public hearing.
Mrs. Welsh moved to recommend approval to City Council for AX-20-03 Lands of JACJIM, LLC
at 679 Horsepond Road with a zoning of C-3 (Service Commercial Zone) and subject to the
AEOZ (Airport Environs Overlay Zone), seconded by Mr. Adams and the motion was carried 7-0
by roll call vote with Dr. Jones and Mr. Tolbert absent. Mrs. Welsh voting yes; as the subject
property is in the City’s Annexation Plan for the 2019 Comprehensive Plan as a Category 1:
High Priority Annexation Area. Mr. Adams voting yes; for the previously stated reasons. Mr.
Roach voting yes; for reasons previously stated. Ms. Edwards voting yes; as it is consistent with
the Comprehensive Plan. Mr. Hartman voting yes; based on the consistency with the
Comprehensive Plan. Mr. Baldwin voting yes; based on the aforementioned statements. Ms.
Maucher voting yes; for the reasons stated in the motion.
2) S-20-02 New Dover Middle Schools at 1 Pat Lynn Drive: Master Plan – Public Hearing and
Review of a Site Development Master Plan Application to permit redevelopment of the
school property in a series of Phases. Phase 1: construction of a new 238,500 SF middle
schools building, parking, and other site improvements; Phase 2: Sports Fields and two
associated 2,300 SF buildings; Phase 3: 19,500 SF future building addition; and Phase 4: two
33,800 SF future building additions. The proposal involves a series of land tracts totaling
44.71 acres +/- and are zoned IO (Institutional and Office Zone). The land tracts are located
on the north side of Walker Road and east of Schoolhouse Lane. The property is adjacent to
Silver Lake. The owner of record is Dover Special School District. Property Address (all
parcels): 1 Pat Lynn Drive. Tax Parcel ID (all parcels): ED-05-067.11-01-68.00-000. Council
District 4. Waiver Request: Partial Elimination of Curbing.
Representatives: Mr. Gregg Moore, Becker Morgan Group; Mr. Jonathon Falkowski, Becker
Morgan Group; Dr. Dan Shelton, Capital School District
Mr. Roach recused himself due to his contact work with the State placing him in the District’s
buildings on a regular basis.
Mrs. Melson-Williams stated that this is an application for a Site Development Master Plan for
the Dover Middle Schools to be located at 1 Pat Lynn Drive. This application is subject to public
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hearing tonight and there has been significant correspondence regarding this application as well.
It is a plan proposal that consists of four phases. The main initial Phase 1 is the construction of
the middle schools building. If you are watching us on the computer, it is the central shaded red
area of the plan. It’s approximately in the same footprint area of the old Dover High School that
was on the site at one time. The project also includes its parking for the project. Pat Lynn Drive
is slightly reconfigured with this new project and leads to what is the bus parking area on the east
side of the building, closer to the Senators Lake neighborhood. On the west side of the building,
the parking there is for staff. At the front of the building is a drop-off loop with additional
parking. To the rear of the building or north of the building, as you move towards Silver Lake is
the series of athletic fields. The existing stadium and track remain; however; with the project the
softball field is relocated, the baseball field stays where it is and then there are additional practice
fields developed where the previous softball field had been located. Those practice fields are also
where they are looking to do geo-thermal efforts for this site. The project is adjacent to Silver
Lake. It shares a boundary with that water body and as such, there are setbacks from the lake of
one hundred feet and they are maintaining that. There are also small portions of floodplain areas
in that same location. There is no impact to the floodplain for that site. The project itself, because
it is adjacent to Silver Lake, was reviewed by the Silver Lake Commission earlier this month;
and they voted in favor to support the application, finding limited impact to the lake as they are
maintaining the required setback distance to it. They do encourage stormwater management
practices that would be favorable to the lake. There are a number of sidewalk systems that cross
this property that ultimately lead to the building.
The plan is subject to significant landscaping requirements of the City’s Zoning Ordinance.
There are requirements for tree planting. There is a requirement for what is known as an opaque
barrier. When a facility such as this is adjacent to residential areas, means that they need an
evergreen screen and in this case, they have chosen to do a fence component. This will have to
be implemented along the shared property boundary with Senators Lake and also the shared
property boundary with the Woodcrest neighborhood. There is an extensive fence component to
be implemented. Currently, some of those areas do include a chain link fence. The proposed
fence is required to be opaque meaning you can’t see through it, in addition to the tree plantings.
There are tree plantings around other existing wooded and wetland areas on the site to meet the
tree planting requirements for the project. Also of note, the existing tennis courts are to be
removed with this project. Those tennis courts were placed with what we believe was some grant
funding that assisted with the project. The applicants will have to work to develop a location for
additional outdoor public recreation space in order to compensate for the removal of the tennis
courts. Additionally, there is closer to the entrance of this facility at the intersection of Pat Lynn
Drive and Woodcrest Drive, a wetland area. This is a federally regulated wetland area. It is part
of an overall stormwater management system for the neighborhood area, part of which is piped
and part of which is exposed in this wetland facility. There has been significant question about
this pond. It is subject to Army Corps of Engineers regulations so making changes to it is not an
easy task. There is a very specific process that would need to be approached in order to make any
changes to that wetland area. In addition, the City’s Zoning Ordinance prescribes that wetland
areas are to remain as natural open spaces and only through proper authorizations could they
even be attempted to be filled or changed in their nature.
The City’s DAC Report was provided to the Planning Commission members. That includes to
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comments from various City Departments, including the Electric Department, the Department of
Water and Wastewater, the Office of the Fire Marshal, and the Public Works Department which
deals with City streets, sanitation and stormwater management for the City. We also have
comments from DelDOT. There are no improvements at the intersection of Pat Lynn Drive and
Walker Road. This is a signalized intersection that exists. We also have comments from the
Dover/Kent County MPO which looks at the abilities for multimodal transportation. There is a
sidewalk network that exists along Walker Road and there is a connecting sidewalk that leads
from Walker Road into the site. Additionally, there is a neighborhood pathway connection from
the Woodcrest neighborhood leading to the old Dover High School’s property. With this Middle
Schools project, that pathway connection continues to exist and sidewalk connections are made
to the internal site network. With this project, the stormwater management review falls to
DNREC and they have been working with DNREC’s Division of Watershed Stewardship
regarding what will be the stormwater management for the property.
This project did go through the State PLUS Review Process. In the packet are the PLUS letter
and the applicant’s response to the PLUS letter. The only waiver request that this application has
made was one for the partial elimination of curbing and that is a waiver that the City Planner can
grant approval to and we have recommended to do so. The other aspects of recommendations
from the Planning Staff note that the loading spaces are sufficiently served by the loading dock
area that is part of the rear of the building. The Silver Lake Commission did provide their
comments which were given to you verbally and the other items relate to pedestrian connections
and we are recognizing the existing sidewalks. We recommend that they make sure that the
pathway from the Woodcrest neighborhood is in good repair and that they look at bicycle
parking opportunities.
She does want to show the architecture briefly for the project. It is a two story building, masonry
in nature. There is a lot of glass so there are windows and this building will definitely have light.
The building really has two wings with the central core being a very light filled area at the main
entrance and then the gym, cafeteria and auditorium spaces are towards the rear of the building.
The building has access to/from both parking and bus areas as well as the main entrance.
Staff will provide the correspondence received as part of the public hearing.
Mr. Moore stated that Mr. Jon Falkowski and Dr. Dan Shelton are here with him. Mr. Brad
Hastings, the lead architect is also here in case there are any questions architecturally. Mr.
Falkowski is actually going to give the presentation and then he is going to close and Dr. Shelton
also has a statement to make as well. (A Powerpoint presentation was utilized to present the
project by the design team and School District representatives.)
Mr. Falkowski stated that he wanted to point out that this has been a very public project. It has
been even before the referendum went out. This has been a very public project with a lot of
public outreach meetings. This slide shows that there were 37 meetings held dating back to 2017.
This does not include all of the Board meetings as well that are also public. They have had a lot
of meetings and a lot of input from local communities and local neighborhoods. In fact, they
have had several meetings with just the adjacent neighborhoods themselves, Woodcrest and
Senators Lake. We have taken their input, we’ve received their public comment and these plans
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do address a lot of their feedback that we have received over the past couple years.
As Mrs. Melson-Williams mentioned, there is an opaque fence requirement for the project.
Several of the meetings that we have had with Woodcrest and Senators Lake were specific
meetings to address the fencing requirements and the wetland area in the front. The result of
those public meetings, they presented different fence options to the neighbors and we ended up
with them wanting a six-foot tall PVC fence. There were updates at more recent Board meetings
although they weren’t in person, they were virtual but they were available to the public. Since
then, we have put plans together that were bid publicly. They had to be bid on the State website
and the bids were just received last week. The update now is that we will be awarding the
contract to a contractor and we will begin construction here shortly by submitting a Fence Permit
to the office. The thought was that this fence goes in early before construction of the Middle
Schools that way it shields the view from the construction. The landscaping would be part of this
application and would follow towards the end of the project and those landscape requirements of
those twenty foot buffers to be installed at a later date. The fencing is a solid six-foot tall PVC
fence that is almond in color. It should be easy to maintain but that will shield the view from
construction and hopefully some of the other concerns that the neighbors had.
The next slide shows the old Dover High School site prior to 2015. You can see the massive
footprint that was the old Dover High School’s as a single story building with lots of pavement
and lots of parking along the rear of the Woodcrest development. With these new Middle
Schools, the thought was going two stories, reducing the footprint, and eliminating a lot of the
pavement and unnecessary parking and providing a greener space for the site. In fact, we will be
reducing pavement and hard surfaces on this site by over two acres by removing the paving and
doing a smaller footprint.
The High School was demolished in 2015 leaving way for the new Middle Schools. In this slide,
you can see the grass area where the school was. All of the pavement and drive aisles are still in
place and they will be removed as part of this new project. The tennis courts shown will be
demolished as well.
This slide shows the new Site Plan which takes out the parking. They are in receipt of the
numerous correspondences related to the wetland area near the intersection of Pat Lynn Drive
and Woodcrest. They are in receipt of the letters and they have received the complaints of the
nuisance that the pond is causing as a result of it being there. The District has been pursuing this
this for years and has directed them to meet with the Army Corps of Engineers. It is a federally
regulated wetland as Mrs. Melson-Williams mentioned. They have had numerous meetings at the
District’s direction, with the Army Corps, both in the field and in the office as late as last year
and as early as this year. He can tell you three things that they know. One, it definitely is a
federally protected wetlands site. It is also regulated by State Wetland Regulations and City
Code prohibits the filling of that area. When they met with the Army Corps of Engineers several
times, they stated that a Federal Wetland Permit would be required if we needed to fill. They
approached the Army Corps trying to fill as a request from the neighbors. The District to do
everything that we can to try to fill that area that has been a nuisance to those neighbors. In our
last meeting, we presented the project and tried to make application to fill the wetland. He wants
to draw attention to the letter that was provided that should be in the packet. It was a two page
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letter from the US Army Corps Philadelphia District that was signed by the Army Corps Wetland
Biologist dated April 28, 2020. Essentially what came out of these meetings was basically that
they do not meet the criteria for filling those wetlands. Quoted in the letter on the second page,
“Based on the current information presented for the former Dover High School wetland site, a
need to fill the site other than that of a nuisance has not been established. As such, there is no
purpose to scope.” What they told them in the meeting and they understand the nuisance that this
area caused but that nuisance does not give purpose and scope for filling the wetland; therefore,
their application would be denied if submitted to fill those wetlands. It was just last month that
they received that letter from Mr. Michael Yost, a biologist from the District Branch.
Other than the wetlands, Mrs. Melson-Williams gave a good synopsis of the site. In the colored
Site Plan, you can see all of the landscaping that they are providing. Pat Lynn Drive swoops
around a City 100-foot wetland buffer requirement so they are pulling that away from the
wetlands, providing more landscaping there. Mrs. Melson-Williams went over the parking but
they actually did a Parking Justification Study to get the required amount of parking that will be
needed day-to-day so that it is not too much or not enough. You have the bus parking towards
the center lakeside and the drop-off in the front. As you can see the dash line with the blue text,
that is actually space left for future additions. He thinks that it is called Phase 3 on the plans.
Essentially, they want to design the site so that the building can be expanded in the future and
they don’t have to look for a new site in order to do the expansion. The mechanical lanes are in
the back. The fire lanes are fully around the building and as Mrs. Melson-Williams alluded to,
the geo-thermal fields will be constructed where the softball field was and that is it’s need for
relocation. All of the other fields are remaining in place. There was some public comment that
they received about an update on the field’s orientation and replacement. They did give that
update at a more recent (School) Board meeting that was virtual that might not have been
attended. The only field changing is the softball field out of necessity for the geo-thermal fields.
The first floor plan layout shows the two wings flanking as the instructional units. The right side
of the layout shows the drop-off area with a canopy. That will be the central administration area
that you will see coming in and there is a media center above that on the second story. The back
half of the building shown in yellow and green is a shared facility. That is where they are saving
on the footprint as well, being two middle schools, they are able to share the large facilities such
as the gymnasium on the bottom. There are several gymnasiums. We have a shared kitchen with
split cafeteria seating for the schools and then they have a shared auditorium and band
maintenance and drop-off loading areas are all shared on the back half.
The second story of the building is the instructional units shown on the plan in purple. Those are
all classrooms and then the media center is shown in yellow that is on the second story above the
administration area. You can see that there is a courtyard that is in the center of all of this and
they will show a rendering of that later.
The next slide shows some interior renderings of the school stairs and the shared cafeteria. As
mentioned, the kitchen is shared but the two cafeterias, since it is two Middle Schools, are
separated by a wall. On the bottom left of the screen shows the auditorium and the bottom right
shows the media center which is the second story above the main entrance.
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The next slide shows a close up of the brick. There is glass where there are classrooms;
obviously to get the natural light in but there is a tremendous amount of brick on this building
and they wanted to highlight that because it does have that classic Downtown Dover red brick
around the entire building.
The external views show as you are entering the site on Pat Lynn Drive. You see the one
instructional wing on the left and you can see the other one on the right. If you look at the bottom
left of the slide, it shows the main entry looking straight on the front of the building with the
drop-off loop and the two wings of classrooms on either side. The top right of the slide shows the
media center. The bottom right of the slide shows the main canopy and front drop-off that
provides safe drop-off and a shielded canopy for the kids to get into the building. The next slide
shows a view of the courtyard looking towards the front of that main entry and media center.
There will be some raised planter beds and some hardscape. This is a place where the kids are
going to be able to break out for classroom spaces and also some outdoor seating area on the
back side of the classrooms. The inside is glass and brick and lets a lot of natural light into the
classrooms and it will be a great space for the kids.
They do agree with all of the Staff DAC comments and they don’t have any issues with those
comments and they agree with all of the recommendations and requirements.
Mr. Moore stated that the wetland that is very close to the entrance of Pat Lynn Drive that was
referred to earlier is clearly a federally protected wetland. As a good steward of our community
and as somebody who went to Dover High School at this site, he has been working on Site Plans
in the City of Dover for 36 years, he has done wetland delineation and wetland permitting for his
entire career and he can assure you that this wetland is federally protected, cannot be filled. The
criteria that the Army Corp of Engineers provided us in person with Dr. Dan Shelton present, is
unable to be granted because of the way the Site Plan is and the standing of this wetland. He
wants to point out that right now, next to that wetland is parking and that parking runs up along
the edges of homes of the neighbors and all of that parking is being removed because we do not
have the extent of parking that Dover High School once had; they do not have driving students.
All of that land will be natural and he is here to assure you that Becker Morgan Group and the
District did everything possible to attempt to fill that wetland. The Army Corps of Engineers and
its letter dating April 28, 2020 has clearly told us that we cannot.
Dr. Dan Shelton stated that he thinks that it’s really important to state that the thirty-seven (37)
meetings that they have had so far have been just on this property itself. This all began five years
ago with a strategic plan and from that plan, they said we need a long range facility master plan.
They spent over a year developing a long range facility master plan. All of those had public
meetings and we reported at the Board meeting every month. After the decision was made to
build two new middle schools on Pat Lynn Drive, is when the public meetings started. So the
number of meetings that we’ve discussed this building and the idea behind what might become
of Pat Lynn Drive has gone on for almost five years. He thinks that he would also be remiss if he
didn’t point out that unlike probably almost any project that the Planning Commission sees on a
regular basis, this isn’t just a private project that they are bringing on. The residents of the City
of Dover voted more than 2 to 1 to fund this out of their own money; they raised property taxes
in order to fund this project. It was one of the most overwhelming supported referendums that
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the State has seen in many years. It’s something that the people in Dover want. With that said, he
thinks that Becker Morgan Group has done a great job. They have tried their best to be listening
to our residents and listening to our community. They actually just had yesterday, two live
samples that the residents chose and there was a meeting where the Army Corps actually came
out to the wetland area and met with the residents and then they went over to Fairview. They
knew at that point that it was a slim chance of them being able to move this which is why we
said hey what can we do? They have also hired a group that maintains it and while last summer
they didn’t get the results that they wanted, he doesn’t think anybody would argue with the fact
that if you look at this site from three years ago when it was brought to their attention that they
wanted them to maintain it as opposed to the City of Dover or the Army Corps maintaining it.
They (the School District) took on that responsibility. The difference in what it looks like now as
opposed to what it looked like 2 or 3 years ago, no one would argue the improvements that have
been made and that they will continue to make. They are trying to be really good neighbors. As
he said, the bids were open last week so the fence will be able to be installed. There was one
public comment that stated “they promised us a fence and they haven’t done it.” Unfortunately
with the State’s system, things don’t happen instantly. They had to go through the bid
marketplace; they had to publicly publish that they wanted to do the fence. Multiple people were
able to come in and there was a question period. They did open them last week and they will be
awarding that job very soon. This is a really complex project. Schools are large; they are public.
He just can’t state enough to the Commissioners that they have already fell a little behind due to
COVID-19 and they are on a really tight timeframe to get this building open. They hope that this
evening, the Commission allows them to continue moving forward so that they can get this
school open. Our kids deserve this building. As you saw from the renderings, it is going to be an
amazing place for our middle school kids. They need a modern facility and this is it. He believes
that they have come as close as they possibly can to meeting what our community asked them to
do.
Ms. Edwards stated that when she first moved to Dover many years ago, about the retention pond
that’s in question here at the entrance of Pat Lynn Drive and Woodcrest Drive, she had relatives
that lived at the house located at that corner. She seems to remember playing in that as a ditch
and she is wondering when it became a pond. Is there any history on that? Responding to Ms.
Edwards, Mrs. Melson-Williams stated that there was historically a ditch there that was part of a
larger system. The transition from that ditch segment to what you see there today began in a time
frame of basically 2002-2005. The ditch used to be a lot bigger; it extended much further to the
north. If you look at aerial maps, it’s certainly there parallel to Pat Lynn Drive prior to 2002 and
then we see this transition to this wetland area on its west side.
Mr. Moore stated that there was a natural wetland that ran along Pat Lynn Drive. It was quite
wide and deep and was classified as a wetland. The City of Dover filled that ditch in and when
they did that, it required the City of Dover to actually install a mitigation site for the wetlands
that were being taken out by the removal of that ditch. The pond that you see there is not
primarily a stormwater retention pond; it is a mitigation for the removal of the natural ditch that
ran along Pat Lynn Drive. That gives it a special standing, even stronger than a normal federal
wetland area. They learned that from their meetings with the Army Corps of Engineers and that
is demonstrated in the letter that they have provided them.
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Mr. Hartman stated that his only concern is the wetland area. Dr. Shelton mentioned that they
have been having public meetings for five years. It is regrettable in his mind that now with this
juncture when everything is getting tight, we don’t have a fence up yet and there still has not
been a satisfactory answer for the residents on resolving this issue for the wetlands and that is the
most regrettable thing that he sees with this submittal. The school district site does discharge to
the wetlands, correct? Responding to Mr. Hartman, Mr. Falkowski stated correct, not the
wetlands at the intersection of Pat Lynn Drive.
Mr. Moore stated that the school does not discharge to the wetland that the neighbors are
concerned about by Pat Lynn Drive.
Mr. Hartman questioned if all of the discharge comes from the neighborhood? Responding to
Mr. Hartman, Mr. Moore stated that the discharge comes from pipes that are on that other side.
Our new design will not introduce water to that system.
Mr. Hartman questioned if anything has been considered to reduce the amount of water going
into that area? Is that possible in any way? Responding to Mr. Hartman, Mr. Moore stated that
without a permit from the Federal Army Corps of Engineers, no. Their design is to seclude that
and not to add any water from our new design. Our entire new design will be handled by virtue
of new facilities that will not augment that current pond. There won’t be water draining to it and
it’s not there as a stormwater pond for this project.
Mr. Adams stated that with the upheaval from the neighborhood as it relates to that stormwater,
what sway or opportunity exists to have the federal delegation intervene with the Army Corps of
Engineers as it relates to finding some potential middle ground or opportunity? Or does that just
not happen in those types of instances? Responding to Mr. Adams, Mr. Moore stated that in this
case, knowing that this is a mitigation site that replaced a former wetland, this wetland has a
higher standing and because this Army Corps of Engineers does not want to see these things
continually move location after location. That obviates the reason that the Corps of Engineers
believed that they did it to start with. He can assure them that he met with the Corp of Engineers’
representatives on-site and in his office with Dr. Shelton; and we do not meet the criteria to issue
a permit the way that the regulations are written. There would need to be a modification to the
regulations or some overrule by the Trump Administration for us to be able to fill this. He
assures them that that has to happen; it is not procedural here.
Mr. Adams stated that his other question relates more towards construction and the timeline. He
thought that they did a fantastic job in their design and in the presentation. He is curious as to the
timeline with respect to the construction of the different phases. He sees Phase One and Phase
Two and understandably that Phase Three and Four are going to be necessitated in the future by
future growth but help him understand the timeline. Are Phase One and Phase Two happening
simultaneously or in delayed phases? Responding to Mr. Adams, Mr. Moore stated that they
submitted this as a Construction Master Plan because they knew that they wanted to build the
fence first and they knew thus they would have sequential steps but the main building itself and
the fields will be one big construction process that will be phased. In terms of the public, it will
be one process. The disconnected component of that are the future additions shown in blue on
the rendering. They will not be started at all and will likely be more than five years out or
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perhaps even ten years out depending upon the growth of the actual district and of the middle
schools.
Mr. Adams stated that the same would go for Phase three, correct? Responding to Mr. Adams,
Mr. Moore stated yes. As it relates to the pond, if the federal delegation would give them the
right to fill that pond, it is something that they can do as part of their construction and they do
not object to it. They hear the neighbors but the resistance to fill it is not resistance to money or
that they aren’t hearing the concerns. They assure you that they cannot legally fill that without
somebody going to jail under the current terms.
Mr. Hartman stated that it was mentioned that they have been maintaining the pond for the last
three years and there has been a remarkable improvement in the appearance. He would like to
know if there are procedures going forward, assuming that the pond remains, that will be in place
showing what maintenance will be done to the pond. Was that something that will be in the
stormwater management plan or will that be a separate document for the benefit of the residents?
Responding to Mr. Hartman, Dr. Shelton stated that it is not a stormwater management site; it’s a
wetland mitigation site. They have hired a company called Envirotech who specializes in these
types of systems and actually the biologist from Envirotech has met with the residents at least
twice. They have helped the School District and the residents pick out some plants to add to that
wetland area and unfortunately last year they did not take very well. They are hoping that in the
spring of the second year they will take better. It’s just like a garden; it takes a few years to get
those annuals to take hold. There was a lot of invasive species in that system and that has all
been removed. As well as their monitoring of the fish in that wetland mitigation site to make sure
that they are healthy because the Department of Natural Resources has gone out a number of
times. One of the complaints is mosquito larvae. Both DNREC and Envirotech have said that the
wetland itself is very healthy. There are fish in that wetland and there aren’t mosquito larvae
because the fish are doing what they are supposed to do by eating it. While they understand that
some of their neighbors aren’t happy with that particular area, when they went to the Silver Lake
Commission, they (Silver Lake Commission) were actually really happy that they were not going
to be disturbing those wetland areas and that they were not going to be bringing anything into
Silver Lake. There are also differences in opinion on what should and shouldn’t be done.
Mr. Hartman stated that he would just like to understand if there is going to be something in
written form that they can go before the residents and show them that the School District is going
to continue to maintain this area where the wetland is. Responding to Mr. Hartman, Dr. Shelton
stated that at the point in time when they found out and started researching, it was around 2017,
they hired someone immediately and got them on it and they will continue to do that. They have
been pretty clear that it is their commitment to do that in public meetings and also Board
meetings. They are on record saying that they are going to continue to maintain that area to
continue to be good neighbors.
Ms. Edwards stated that she thanks everyone for updating the wetlands information. It seems like
everyone is trying to do the right thing and she really does appreciate that. The nearby neighbors
and residents are concerned about the amount of snakes and the amount of snapping turtles that
come out of that area. Is that going to be addressed as well? She rode by there today and the
chain-link fence that is around that existing area is really an eye sore. Going into this beautiful
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new facility and the appearance and the upkeep of the adjacent neighborhood, is there something
that is going to be put in place there outside of that chain link fence to replace it or to at least
give it a better appearance? Responding to Ms. Edwards, Mr. Moore stated that the fence that
they showed earlier in the package is the fence that they have bid and will be going up. The chain
link fence along the neighbors will actually be removed and they will be putting the new PVC
fence that has color along that border. There will be a much more pleasing view and a block
because the chain-link fence doesn’t block the school construction. This will be a complete
opaque block.
Ms. Edwards further questioned about around the wetlands areas. Responding to Ms. Edwards,
Mr. Moore stated it would come up by the wetlands and separate the backs of the houses.
Ms. Edwards questioned if the chain-link fence as you are riding by on Pat Lynn Drive will
remain? Responding to Ms. Edwards, Mr. Moore stated that they are going to fence every back
lot of the neighboring location.
Ms. Edwards stated that she understands that, but from Pat Lynn Drive looking at the wetlands,
that chain-link fence that goes around that area that surrounds the entire wetlands. There is a
chain-link fence that surrounds the whole thing right now that is an eye sore. Responding to Ms.
Edwards, Mr. Moore stated that they are not going to surround it but they are going to separate
the neighbors.
Ms. Edwards questioned about the snapping turtles and the snakes that the neighbors and
residents are concerned about? Responding to Ms. Edwards, Mr. Moore stated that what we also
have to remember is that snapping turtles, snakes and wildlife do come from Silver Lake. Some
of this comes from the back of Silver Lake and some of this does come from the ditch. There is a
wetland that is near Silver Lake that they are also not able to touch and wildlife does crawl up
that section and we can’t stop that so he believes that it is probably not fair to say that that one
mitigation wetland is the root of all of this. He thinks that it is a combination of the entire
ecosystem.
Mr. Adams questioned if there was a reason that the fencing could not be extended around the
current wetland area? Just to Ms. Edwards’ point, he spends a lot of time in that area and he
knows exactly what she is talking about. He is just trying to understand when there is going to be
the investment of tens of millions of dollars to construct this beautiful, brand new school, if there
is some measure in place to replace that existing eyesore of a chain-link fence with something
that perhaps would be more pleasing to those people who are going in to the new school but also
maybe making that left onto Woodcrest Drive and driving past that as well. Responding to Mr.
Adams, Mr. Moore stated that along the back, which they are doing and then alongside which
would be entering the neighborhood, makes sense but he does have concern that if you
completely fence that wetland with an opaque barrier, if some child ever did get in it you would
never see what was happening inside. He would be very concerned that it would be a safety issue
because of the loss of view from Pat Lynn Drive. They would be agreeable to going three sides
and leaving the Pay Lynn Drive side open for safety reasons.
Mr. Adams questioned if they would be agreeable to perhaps a lower fence than the six foot
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fence? Responding to Mr. Adams, Dr. Shelton stated that not only would there be the dangerous
issue but it is their hope that based on what they talked about last year that this area is not going
to be an eyesore. That area is going to be a natural wetland. They are actually hoping that it is
something that their kids will be able to see and understand how the ecosystem works. It’s an
appropriate thing for our middle schoolers so it is not something that they would even want to
fully enclose. It’s their goal to have it be something that’s pleasing that when people come in,
they see. They are looking at plant life that would not flower all year long but would look nice as
the year goes on.
Mr. Adams stated that he understands that and perhaps there is a way to do that by removing the
chain-link fence that is in disrepair and perhaps replacing it with a split rail vinyl fence or
something to provide the sight lines into the area to take advantage of the natural beauty that you
are intending for and also to mitigate the safety risk as well. To Ms. Edwards’ point earlier, that
chain-link fence is definitely in a state of disrepair where it doesn’t present as nicely as he would
think that we would want to for a new Middle School of this size and scope.
Ms. Maucher opened a public hearing.
Mrs. Melson-Williams stated that she would be reading a number of public comments that they
have received and have already distributed to the Planning Commission. In Exhibit Set 1: Item
#7, was an email received from Councilman Anderson and attached to that was a Petition from
Woodcrest neighborhood from 2018. It includes names that are listed as well as their addresses
and they redacted their phone numbers. That list included what appears to be sixty-three lots. It
has a total of sixty-nine signatures. The statement that they were attesting to reads, “We the
constituents of Woodcrest community respectfully and insistently request that the retention pond
located on the property of the Capital School District existing near the front entrance of
Woodcrest community to be filled in with top soil and seeded instantly.” This is a Petition that
was signed in 2018.
This afternoon, Staff provided the Planning Commission what is known as Exhibit Set 2. It was
public comments that had been received by the Planning Office as of noon today (5/18/2020).
She will reference those by title. A number of these individuals are listening or may be ready to
participate this evening. The first is an email dated May 13, 2020 from Connie Holland who
resides at 438 Wilson Drive. She expresses her concerns as a resident of Woodcrest and some of
the issues with the wetland area and the opportunities for improvements that should be
considered at this point.
The second email that entered by reference is the email of May 15, 2020 with a memo
attachment that is titled Woodcrest Community’s Position on the Matter. It was an email
received from Chris and Kari Tollinger of 813 Schoolhouse Lane. It is addressed specifically to
the Planning Commission and again, it references the concerns of the Woodcrest residents and
their opposition to the Planning Commission granting approval to construct the middle school.
They request that the Commission denies their application or delay their plans until mutually
agreed upon promises and responsibilities made between the Woodcrest community and the
Capital School District have been achieved and agreed upon by both parties. It goes on to
reference information about the retention pond and drainage system and the concerns there and
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the various conversations about that pond over time. They also request the school board to be
good neighbors and then try to address this issue. This is a letter that is referenced to the
mosquitoes, animals and other pests as well that are specifically related to that retention pond.
The next email is dated May 16, 2020. It is a letter with an attachment from Marie and Nelson
Biggs of 837 Schoolhouse Lane. They have concerns regarding the development of Pat Lynn
Drive. Likewise, it is a letter that makes reference to concerns with the vacant property that is the
school site like issues with long grass, overgrowth and garbage. They have concerns with
potential illegal activity that may have been happening there. There is also discussion of their
concerns with the retention pond. They note their attendance at several School Board meetings.
They also express concerns about the positioning of the baseball and softball fields at the site and
some mentions of budget implications in their letter. They are very concerned that the residents
at Woodcrest are being given the run-around and constantly being sent back and forth as their try
to make their homes and neighborhood livable.
The next email is dated May 17, 2020. It is an email with a letter attachment responding to the
Biggs’ letter. It is an annotated copy of the Biggs’ letter with red line responses from Sean
Christiansen, Capital School District Board of Education member. He responds to a number of
their items regarding the wetlands site. He does make note as mentioned at this meeting, the
proof that Envirotech has been working related to that wetland area and a number of the public
meetings related to the Dover High as they develop the Dover High School site or the baseball
and softball fields which is a shared situation with some of the fields throughout the District and
the cost of the Dover High School project that was funded to support it.
The next email is several questions and is also dated May 17, 2020. These questions come from
Linda Shock. The first question is related to cutting of the grass specifically in the median strip
area at the entrance to the school. She wants to know who is responsible for this. The second
question that she asked is related to the gate that is through the neighborhood. Would that be
reopened and maintained? Mrs. Melson-Williams stated that she believes that is the connecting
pathway from the Woodcrest neighborhood onto the school site. The third question is related to
traffic concerns. She has concerns that getting out of their neighborhood is a nightmare when the
school traffic blocks their ability to access onto Woodcrest Drive and how is that going to be
resolved.
The next email included in this packet is an email series from today that is a response series that
includes email correspondence from Mr. Gregg Moore of the Becker Morgan Group, Dr. Dan
Shelton of the School District, and Representative Sean Lynn again as a follow up to the Biggs’
letter. This conversation relates to the wetland area and the involvement of the Army Corps of
Engineers in that regard.
These emails were received before noon today. She can tell them that additional emails
continued to come in to the Planning Office throughout the afternoon. She will give highlights of
those emails as they have not been provided to the Planning Commissioners. There was response
from Sean Christiansen again with the Capital School District Board that was replying to
Representative Lynn about continuing the discussion about any kind of coordination necessary
for the wetland mitigation site. There is an email from Ms. Lorili Semple who resides with other
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family members at 891 Schoolhouse Lane. Her concerns are expressed in regards to the retention
pond. Again, the concerns with mosquitoes in the area and the general eyesore of the property.
She expressed concerns about the ability to use their back yard and sit outside. There are some
concerns in the current situation, which means people will likely be home more, the ability of
them to enjoy their back yard is low because of pests related to the retention pond. She expresses
that they are fed up with the problem and want to be able to move forward to some type of
resolution for it. The next email was received at 2:43PM from Representative Lynn. Again,
discussing options for the pond and if the involvement of our Federal delegation could assist at
working with the Army Corps of Engineers. The next email is from 3:41PM from John and
Cindy Parker which reside at 909 Wilson Drive. Again, they ask the Planning Commission to
deny the application thinking that these plans on the site near Woodcrest development, that they
continue to have concerns with the retention pond and concerns with the drain pipe and whether
that is the appropriate size. They ask if they can install a drain pipe in this area and then be rated
like the area between Woodcrest and Walker Road. The last email to reference was received at
3:49PM from Representative Sean Lynn and it is addressed to Mrs. Mitchell who is the City
Manager, Mr. Dave Hugg who is the City Planner and members of the Planning Commission.
Again, it relates the concerns with the wetlands area and the nuisance that it appears to be
creating for the Woodcrest neighborhood. He emphasizes the opportunity with the construction
of the school site, that there may be an opportunity to address the nuisance of this wetlands area
and he is disappointed in the years of meetings and the ongoing complaints from Woodcrest with
not an opportunity to make changes here. There are a number of people on the line that she
thinks will want to speak.
Mr. & Mrs. Chris and Kari Tollinger – 813 Schoolhouse Lane Dover, DE 19904
They asked Mrs. Melson-Williams to read the bullet points in their submission into the record.
They stated that “specific school board members along with the Superintendent pledged to
secure an application from Army Corps to fill the blighted retention pond; however, in a recent
community meeting between the Woodcrest community and the school board at Fairview
Elementary School, it was discovered that they never retrieved the application nor did they
provide us the courtesy to give them an update on the matter or an explanation.” The second
bullet point says “additionally, the school board was tasked and in agreement with providing a
monetary assessment of what it would cost to fill the whole to the 31st House of Representative,
Mr. Sean Lynn. Once again it was discovered during the same community meeting mentioned
above, that they failed to achieve that task as well as a justifiable reason in doing so to our
community members.”
Mr. Tollinger stated he can appreciate everything that they are talking about. They have had
several meetings on this over the last couple of years and from a maintenance aspect, it hasn’t
been maintained. Yes, it looks better today than it did three years ago but again it is not
maintained on a regular basis. Everything grows back. We don’t get any kind of maintenance or
grass cutting or clipping unless they call. It has been very inconsistent over the last three years
and he doesn’t see it getting any better moving forward because it has been since May 11, 2020
that they have been trying to get somebody over here to cut the grass and they can’t get an
answer. He understands that there are things going on with COVID-19 but if they leave
messages, they should get a return call. He lives at 813 Schoolhouse Lane and this pond is
directly behind his property. When he moved here in 2003 it was just a field with a little ditch
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like everyone is saying. His kids used to play ball back there and he used to hit golf balls back
there and now it has become what he calls a marsh. It’s interesting to him that through all of our
meetings and initially when we first started, it was really hard pressed for them to determine
what it actually was and who owned it and who was actually responsible for it. It just became
meeting after meeting and now it’s become a federally protected wetland. It’s been called several
names and now it’s a federally protected wetland. He is interested to know how that actually
came about. It wasn’t there in 2003. It was installed between 2004 and 2005. That can all be seen
via Google Earth if you go back in time. He doesn’t know what area was filled in that said this
area has to compensate for it when there was another wetlands area already across the street.
Their understanding was that it was going to be difficult for the Army Corps of Engineers to
approve anything to do with this but it could be done provided that they had a space large enough
to accommodate the same kind of area. There is equal space on the other side of the road and if it
was on the other side of the road, nobody would probably have anything to say. It is directly
behind his property and he has two trees that are falling into it as we speak because the ground is
not supporting it. He understands that the trees are probably going to come out because of the
fence but they are just very inconsistent to this point. At meetings they have been nice and we
have talked but that doesn’t really solve the problem. He doesn’t know exactly what the answer
is but there are people out there who are smarter than him that can come up with an answer.
Ms. Connie Holland – 834 Wilson Drive Dover, DE 19904
Ms. Holland stated that she is the Director for the Office of State Planning. She knows that she
signed the PLUS Letter that went in for this application but she is speaking as a resident and a
homeowner for 30-35 years. This is a huge concern; she has worked with a lot of people that she
has heard from this evening and she has a few things that she would like to say. For anyone on
the Planning Commission that thinks the stormwater drainage is just for Woodcrest that we have
in this pond and that it’s not a stormwater pond, she has been told that it’s a wetland and she has
her issues with that too but it is not. Water is coming from another area that wouldn’t take a pond
like that. There is a lot of history to this as to why that pond is there. We don’t have time tonight
to get into that but someone should. This is the only chance that the residents of Woodcrest will
have to get anything straight. If in fact it was presented to the Army Corps of Engineers that this
is just a nuisance, no wonder they said no. She called the Army Corps of Engineers a year ago
for a meeting because they had several our representatives there, the School Board there and a
representative from the Corps of Engineers. She was pretty disgusted. He didn’t even look at the
pond; he just said no. She’s worked in the planning profession for almost fifty years. You can get
waivers, you can get variances and if anybody looks at this and thinks that it’s pretty wetland,
they are crazy. She doesn’t know if you would want to live in the development where you are
afraid when you get up in the morning that you are going to have a snake on your roof, in your
basement, or underneath your dining room table. That’s what we live with. We are not living in
the country. She knows that they will have animals and critters and she actually loves them but
this is totally different. She thinks that if you walk a half a mile in their shoes you would see
what the difference is. It’s a health, safety and welfare issue; it is not just a nuisance. This is why
we have zoning and go through this and she is absolutely offended the way the Capital School
District has treated us. If all of this stuff happened, we had no idea that it was happening. She
does hope that a delegation can go and have somebody maybe higher than the powers that they
talked to and look at this because it is devaluing their homes. She moved here because of Dover
High School. She had two children that graduated from Dover High School and she loves to see
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this land reused for schools. She doesn’t really approve of schools being out in the outer lands
and not being within our neighborhoods. Take some of that money that you say is going to be a
beautiful brick building and give us some peace in our development. She thinks that a lot more
research could be done and she hopes that something can be done to alleviate their living
experiences that they are having here.
Mr. John Parker – 909 Wilson Drive Dover, DE 19904
Mr. Parker stated that he would like to call the attention to the second paragraph of his email. It
sounds like it’s going to be a lot of work to close this pond. His first reaction to that is let’s get
started and do the work; it doesn’t need to be there because it serves no useful purpose. If they
can’t do that then he would suggest that they relocate that pond to the other side of Pat Lynn
Drive between the tennis courts and the Pension Office where the stream empties into Silver
Lake. That will put it away from the neighborhood and get it out of the area and then Capital
School District can deal with it over there.
Ms. Linda Goodnight – 805 Schoolhouse Lane Dover, DE 19904
Ms. Goodnight stated that the retention pond is her back yard. She agrees with Mr. Chris
Tollinger that the trees there have nowhere else to go so they are coming over into our yards.
One of her beloved bushes got ruined because of the trees. She and her husband have to make
sure that the trees are trimmed because they are coming through the fence. The groundhogs that
like to visit us frequently have dug a 3x6 hole under their shed. They spend the weekend filling it
up and trying to blockade it’s so that their property doesn’t continue to get destroyed. Their
garden last year got destroyed. Did they complain to the City to do anything about it? No,
because their representatives acted like they wanted to hear what we have to say about the
retention pond, our properties and our safety here. They then want to become argumentative with
us and not listen to us where it almost makes it feel like why say anything at all. The fear of even
going out in the backyard to your shed or to check on your flowers, you watch where you walk to
make sure that you don’t step on a snake. When are the trees going to come down? They were
promised some many different things and nothing ever happens until the School Board or the
City wants to do something. That’s the only time that they hear any communication. Everybody
that has spoken tonight from the neighborhood, she agrees with 150% and she hopes that
someone listens to them.
Ms. Lauralie Simple – 891 Schoolhouse Lane Dover, DE 19904
Ms. Simple stated that she has lived here since 1982 and along with the others, the wetlands were
not there and they did not have the mosquito problem. She fortunately does not live right behind
it like the other people have mentioned who have the critter problems but the mosquitoes
problem became a huge nuisance ever since that has been created there. At least with taking care
of the mosquitoes, how about the City or Capital School District pays for companies to come out
and spray their yards with mosquito treatment since you don’t want to cover it up or make a
ruckus in trying to get it filled. They have been trying for years and nothing gets done.
Mr. Doug Halverson_- 805 Schoolhouse Lane Dover, DE 19904
Mr. Halverson stated that his concern is that it sounds like everyone is set in their ways
concerning this retention pond as far as the City of Dover and the Corps of Engineers goes. His
concern is his back yard is the back wall of that wetland. The trees are starting to fall down and
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with those trees falling down, it concerns him that they are going to lose the back part of his
yard. Maybe they can look at doing some hardscaping to re-enforce that wall so that he doesn’t
lose his property and maybe do some hardscaping on the outside where it was brought up before
about the fence. If they are going to try to make it look nice, let’s do a good job with it and
hardscape is the way to go about it. He is also concerned about the groundhogs digging through
there and weakening that wall also.
Ms. Marie Biggs – 837 Schoolhouse Lane Dover, DE 19904
Ms. Biggs stated that pretty much everything that she wanted to say has been said, especially by
Ms. Holland. Her statements were phenomenal. The biggest thing besides the eyesore is the
mosquitoes. Everyone has stated that you cannot even enjoy their properties or have people over
because of the mosquitoes. She gardened last summer for ten minutes pulling weeds and she had
twenty-four mosquito bites on her legs. Who wants to go outside and enjoy their property with
this happening? How is this good for our health? Besides the eyesore, there are critters and
mosquitoes. It used to be a ditch and then it went to a retention pond and now it’s a federally
regulated wetland. She needs to see the history on this and when it became this because all that
they want is it gone so that they can enjoy their properties and not have to fear infections.
Mr. Anthony DePrima – 575 Westwood Drive Dover DE 19901
Mr. DePrima stated he is a current member of the Capital School Board for the past year. He has
also been a member of the Construction Committee and has been attending these meetings for
the past year. There has been a very strong effort to include all kinds of stakeholders in this
meeting and try to listen to what they have to say. It seems like tonight we are focused on the
pond issue. He has had the unenviable position of being the City Manager at the time that this
was constructed so he could go into the history of it and he will try to do so very briefly.
The City of Dover actually constructed the pipe in the pond at the request of the School District.
At the time, the School District was trying to do one of two things, one is what people are
referring to as the ditch that was there before. It was fairly deep and it was seen as a safety
hazard being next to the parking lot that was there. The other motivation is that the School
District wanted to expand the parking lot and to do that they had to fill in the ditch with a pipe.
One of the reasons for expanding the parking lot was to try to relieve the concerns that the
neighborhood has about parking in the neighborhood. The money of the project was actually
funded through State funds through the City of Dover.
We actually started the construction project by starting to pipe it and we were stopped because
that’s when we learned that it was a protected wetland and we were starting to fill it in. They
were put under a Stop Work Order; they had to submit permits and as a result of the desire to fill
in the ditch that pond had to be constructed. There actually was wetlands there before; it was
considered wetlands before we unfortunately went in there and started construction work without
the permits. They were stopped; they had to get the permits and part of the permitting was to
create the pond. The intent back then was to again create some more parking. It was not an easy
project for us; it was a very, very difficult time.
Now twenty years later and he is still reliving this project. He really wants to focus on a couple
things. You have heard from tonight, both from the administration and from the representatives
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and the architects. The School District stands ready to fix this problem as soon as we can see a
way through it. If we can get our Federal delegation to step in and work with the Engineers, they
are ready to do that. He thinks that you have heard that and they are committed to that. He can
only speak for himself; he can’t speak for the whole Board. He as a School Board member, and
as long as he is a School Board member, he will commit to diligently trying to find a solution to
this problem but he asks that we not hold up this very important construction project to do that.
He would also commit as a Board member, again he can’t commit the whole Board, but he can
commit himself as long as he is on the School Board, to see that this pond is properly maintained
and is improved.
When there is a school there, he wants to go beyond something that the children can observe. He
would love to see this pond, if it’s there, become part of a laboratory for environmental
education. He thinks that what you are hearing tonight from him and from the administration is
that they are committed. This is not about the dollars. This is not about the desire to not see this
pond filled in. They feel like that are at a dead end. They think that the law is pretty clear. If
somebody can help them find a way through it in the future, he thinks the District is committed
to solving the problem. In the meantime, we solve the problem by some of the things that we had
heard tonight which is maintenance; clean it up, make it look good and let’s get the stuff out of
there that is an eyesore. Let’s maintain mosquito control if we have to in the whole community.
There are ways to control mosquitos; so, let’s do as much as we can in the interim to go forward
to approve this project and for the Planning Commission to move it forward. We can all kind of
work together towards a solution. He can’t commit anything but his own desire to solve this
problem, but he doesn’t think that we solve it by holding up this very important construction
project. He agrees with a lot of the Commissioners and the things that they are saying things that
we need to do; and he thinks that they can get it done.
Mr. Gregg Moore stated that one answer to the question that has been asked a couple of times
about when was this considered a federally protected wetland. The answer goes back to Mr.
DePrima’s statement which dates back to 2000’s. This was built as a federally protected wetland
as part of mitigation to the closure of what was then a wetland which was the ditch located
alongside the road. That was then re-assessed by the Army Corps of Engineers and the State of
Delaware when Becker Morgan Group and the District started this project. They actually had it
re-evaluated by the Army Corps of Engineers through a professional wetland delineator so there
is no question that that is the intent and use of this land as a federally protected wetland.
Mrs. Kari Tollinger – 813 Schoolhouse Lane Dover, DE 19904
Mrs. Tollinger stated that she just wanted to add to statements from Mr. DePrima and other
members of the School Board regarding the maintenance. Chris did touch on the fact that she
texted Mr. Elliot Harding, the Grounds Manager, on May 11, 2020 to get the high grass cut back
here because that is where the mosquitoes lay. It’s been a constant battle to get this stuff back
here mowed. Every time that it’s done, she or her neighbor next door has to call. She thinks that
it is ridiculous that they have to call to have this grass cut. Not only the grass, but then there is
the ivy that is growing up onto their properties. Dr. Shelton said last year that he was going to
have someone come in the fall and have someone cut all of the vines and growth back here down
after it was dead. Nobody ever showed up and the growth is still there. She has poison on the
fence, her neighbor has poison on her fence, they have groundhogs, there are trees falling down
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and like Doug said, there is a good possibility that their properties are going to end up in that
thing. She wants to know who wants to buy her property. As far as she is concerned, it has
devalued their properties. They cannot even sit on their brick patio out back. She has a hot tub
that she can’t even use. Does she sound bitter because she is? She has been dealing with this
since 2006 with Mr. Sean Lynn and nobody wants to listen. She pleads that somebody listen and
takes care of what has to be done back there so that they can live their lives normal.
Mrs. Melson-Williams stated that there were a couple of questions submitted through the chat
option that she is going to try to address. One of the questions was whether the Woodcrest
community members still have environmental and nuisance complaints. She believes that from
the testimony tonight that the answer is yes. There is a question about whether the City’s Zoning
Ordinance prohibits the filling of wetlands. In Article 5, Section 11.22 deals with wetlands in the
City of Dover. There are provisions that suggest that they should be maintained as open and
natural space; however, there is the ability for conversion if it is approved by the Army Corps of
Engineers and DNREC. There is a setback for wetlands that are at least a quarter acre in size that
are part of the City’s provisions as well. The property where the wetlands mitigation area is
located is on Capital School District property; it is not City of Dover property. She thinks that
they have heard testimony that there have been ongoing and multiple meetings over the years
with Capital School District and the Army Corps of Engineers related to the wetland mitigation.
Mr. John Parker – 909 Wilson Drive Dover, DE 19901
Mr. Parker questioned if the pond cannot be closed and filled in, can it be relocated? Responding
to Mr. Parker, Mrs. Melson-Williams stated that she thinks it would be all part of any kind of
changes. They would be subject to permit review and design processes. It is in line with an
existing system so that may have other impacts beyond just where the pond is located that limits
relocation of the pond.
Mr. Moore stated that they asked that question to the Army Corps of Engineers and they
considered relocation the filling of this wetland and as a result, requires a permit to do that. The
answer to that is controlled by the Army Corps of Engineers and they are telling us no.
Mr. Parker stated that he thought that Mr. Moore just said that a permit was needed. Responding
to Parker, Mr. Moore stated that what they have told us in meetings is that it does not meet the
criteria that the Corps of Engineers has set forth to allow it to be relocated. Because it is actually
a filling of a wetland to allow for the relocation and because it is a mitigation site, it has a
different standing. They do not want it moved unless it is an actual facility that is water
dependent that needs to go there, and we cannot meet that criteria. He has committed here
tonight from Becker Morgan and the Capital School District that if the federal delegation can
intervene and allow us to fill that, they can do that as part of the construction project, and they do
not object to that. They do not object to filling in the pond; they just cannot get the permit under
the normal course of this action and the regulations that stand.
Mr. Parker questioned who we get started? Responding to Mr. Parker, Mrs. Melson-Williams
stated that certainly with the testimony of this meeting, there has been a lot of information
relating the concerns of the neighborhood. It has been heard at various levels that there are
potentially other avenues for pursuing options for the wetland mitigation area and it’s future
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should be explored. She thinks that you have heard the commitment of the School District and
their engineer to continue to pursue that. Certainly, there is interest by at least one State
Representative who has also mentioned the potential interaction with our federal delegation on
this matter. She thinks that is certainly put out there in a variety of ways tonight as a comment.
Ms. Connie Holland – 834 Wilson Drive Dover, DE 19904
Ms. Holland stated that she wanted to add one more thing that she was remiss in saying. She was
really involved in the Route 1 Project when they had to do a lot with wetland mitigation. In fact,
she does know that they had difficulty in one area where we had built a road and had wetland
mitigation and then they did have to change it. They did have to change one pond; retro fit it and
then go back to another one; so, it’s not unprecedented. She thinks that if it’s presented that it is a
nuisance, that what they should work on it because she thinks that it’s health, safety and welfare.
She just thinks that this is the only chance that they will ever have as residents in this
development to do something different. She is for the school; she thinks that it is a good site and
it was a good site when it was Dover High but she really hopes that they investigate every
avenue.
Dr. Shelton stated that there was a lot of comment about maintenance of the area and he has to
admit that that’s been a struggle for them. This site doesn’t have a building so it earns no
maintenance staff. So, it’s been a struggle not just here because of this site. Throughout our
entire District, it’s been hard to keep up with grass cutting for example. The comment was made
that when they call they come out. It’s actually a rotation and they move around the District and
when it gets tall, it gets tall here a couple days before it was tall somewhere else and that is
where they were. They are just about two days behind where they should probably be to cut.
Once we put a school on this site, the will earn more maintenance because they will have a
school there again and they will be able to do a much better job district wide, not just on this site,
with things like grass cutting. As far as the trees go, that is part of our bid. They are going to
remove those trees as part of putting in the new fence. He thinks that two or three people
mentioned the trees on the back side of that pond and those will be removed as part of the new
fence. As far as the mosquitoes go, he has heard over and over that this pond as a part to play in
the mosquito issue. The biologist from DNREC and the biologist from the company that they
hired, both say that pond is really healthy. He lives in Dover on the other side of town and they
have a lot of mosquitoes there too. He thinks Dover just has a lot of mosquitoes. The last thing,
and he thinks this is the commitment that people are really looking for, they have done all of our
due diligence to try to get something done with the Army Corps of Engineers. He thinks what
has been heard from Becker Morgan Group, what you have heard from Dr. DePrima and now
from him is, if there is someone out there that knows how to get this done and wants to go do it
and get the permit, that is fantastic and they will take care of it. They have just hit a dead end
with all of the paths that they have.
Ms. Maucher closed the public hearing.
Mr. Hartman stated that there has been some talk about having the Congressional delegation
involved with this. In order to get this off of the ground, shouldn’t the permit be applied for to
fill in this area to get the work started like Mr. Parker has been asking to actually get something
done? So they can put something before the Congressional delegation to say that we are trying to
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do this, we have people’s yards falling in and it is more than just a nuisance. He is a little
dismayed here at the Performance Standard that an IO has to make in Article 5, Section 8. You
could read that as “an other condition or element objectionable” making people’s yard
inhabitable and it could make this whole project unsuitable. So it is more than just a nuisance. If
it causes this project to fail to meet the Performance Standard in Article 5, Section 8, then it’s
more than a nuisance. He believes Mr. Parker’s suggestion about getting something started is a
reasonable suggestion and if not, then he doesn’t know what to suggest. He still suggests that if it
can’t be filled, we should at least have something in formal writing showing what the
maintenance is going to be on this area to give some assurance to the residents. He is on the line
of voting nay.
Ms. Edwards stated that if we are talking about involving the Congressional delegation in this,
waiting until the new school is built years from now to get regular maintenance for the health,
safety and welfare, then these people aren’t getting to use their back yards. If we vote to move
ahead with this application this evening, what assurances do the residents have that the Capital
School District is going to continue to provide regular maintenance and improve that site?
Responding to Ms. Edwards, Mrs. Melson-Williams stated that she has to remind the
Commission that this is a Site Development Master Plan so the use is a permitted use. The school
is a first permitted use; however, she thinks that certainly in any motion that you craft this
evening, you could express your concerns about documentation of long term maintenance as well
as pursing options to deal with this wetland mitigation area to put some notice back on them to
continue to explore options and opportunities for that which would strive to address those health,
safety and welfare issues that the neighbors have expressed this evening. You could, as part of a
motion, ask for the applicant to report back to you at a certain time, but from a Site Plan
perspective, their project is in compliance with the Zoning Ordinance provisions for site
development. They are not proposing any changes to the wetland mitigation area but she offers
those as potential options to keep this moving forward while also striving to address concerns
that have been expressed through the extensive public testimony this evening.
Ms. Maucher questioned if there is a dedicated line to fund maintenance of this structure by the
School District? Responding to Ms. Maucher, Dr. Shelton stated that there is not a dedicated
fund for this specific school. They do have a contract for this wetland mitigation site as well as a
couple of other similar and dissimilar ponds that are owned and/or on our properties. He doesn’t
know that it is a specific line for this but they do have a contract that is global and takes care of
each of them.
Ms. Maucher further questioned the length of that contract? Responding to Ms. Maucher, Dr.
Shelton stated that he doesn’t know that answer.
Ms. Maucher questioned if it is operated on its own or does the District have to direct the
contactor to go to the property? Responding to Ms. Maucher, Dr. Shelton stated both. There is an
annual plan to remove any invasive species. For example in our area, its phragmites and there are
a lot of ponds in areas like this that grow those and they are not healthy so they remove those and
other similar invasive species. There are also the one times. For example, when they asked them
to come in last year and plant some specific flowers. They are going to do that again this year but
they had to wait until it got a little warmer. He is not sure that it happened this week or if it will
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be next week. There were some trees that needed to come down two or three years ago and that
was a separate contract. So, it’s a combination of the two.
Ms. Maucher stated that she was trying to see if there was a way to have the School District fund
maintenance of the pond without having to direct it because it seems that there has been some
lack of responsiveness on behalf of the School District to the complaints of the residents and if
the School District can fund it but be divorced from the actual direction of work to be taken.
That’s why she asked about a separate fund. She is not sure if the City has ordinances regarding
Homeowners Associations and maintenance of retention ponds. Responding to Ms. Maucher,
Mrs. Melson-Williams stated that the Dover Code of Ordinances has prohibitions on letting your
grass grow too tall. It becomes a Code Enforcement matter when it reaches eight inch height.
There is also some other provisions related to leaving natural areas as natural areas and that
being recognized as well. So there are some homeowners associations and other maintenance
organizations that are typically related to residential development but certainly a similar
approach could be taken with commercial or institutional type facilities to ensure long term
maintenance.
Mr. Hartman moved to approve S-20-02 New Dover Middle Schools at 1 Pat Lynn Drive: Master
Plan with conditions and including the recommendation for the waiver request for the partial
elimination of curbing. The condition would be that in the next thirty days, the applicant submits
plans for maintenance of the wetland area which will include erosion control specifically along
the boundary of the neighborhood, seconded by Mr. Adams; he agrees that there is a need to
continue the dialogue between the District and the residents of Woodcrest. He wants to note that
he does feel as though that there have been well-intended, strong efforts made through
transparency and other means to find some good balance here and to try to work with the
residents of Woodcrest. He thinks that there is some opportunity to continue that dialogue to
make sure that we continue to move in a positive direction. But he does see that this is a
tremendous asset for the City of Dover for this site and for the residents so he does second this
motion and would like to see us move forward with giving the green light to get this project
moving forward. The motion was carried 6-0 by roll call vote with Mr. Roach recused and Dr.
Jones and Mr. Tolbert absent. Mr. Hartman voting yes; he thanks Mr. Adams for putting it so
well. Mr. Baldwin voting yes; he hopes that they get that maintenance contract in place. Mrs.
Welsh voting yes; she commends Becker Morgan Group and Dr. Shelton and members of the
School Board as well for providing so much information to us. It was quite enlightening and she
thinks that it’s a good project. She thinks that they all agree that they want the site to be an
improvement overall, which she thinks the construction of the school will do for the entire site
and move everything along in a positive fashion for the schools of Dover. She hopes that
everything can be address satisfactorily as far as the wetlands area. The comments from Ms.
Holland and Mr. DePrima shed some light on how people can proceed to work out these issues.
Ms. Edwards voting yes; based on all of the reasons previously stated. She does want to thank
the Becker Morgan Group and Capital School District for all of the information given by them.
She also wants to thank the residents of the neighborhood for just showing up and participating
and really expressing their concerns. She does believe that with the addition to require
documentation for the long term maintenance that everyone can work together here to better the
entire area. Ms. Maucher voting yes; she does have some reservations. She is a little bit
dismayed at the commitment of the Capital School District but she thinks that it is a good project
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and with this condition that they come forward with a long term maintenance plan of that area
on their property and should be responsible for maintaining it Staff recommendations and DAC
comments are also part of her overall approval.
Mrs. Melson-Williams stated that the Planning Commission approval tonight allows them to
move forward on a Site Plan to finalize that with all agencies. They have a reporting requirement
back to the Planning Commission on the long term maintenance of the wetland area so that will
be brought forward to the Commission at a future meeting. Giving them thirty days likely would
be a July meeting of the Planning Commission. She also believes that there are significant efforts
presented here this evening regarding how to explore options for that wetland area.
NEW BUSINESS
Mrs. Melson-Williams stated that Staff included the Bylaws for the Commission which allows
for a special election to fill any office vacancies. At the present time, there is the vacancy of the
Chair. Ms. Maucher is currently the Vice-Chair of the Commission. We are coming up on the
end of what is a term for Planning Commissioners. There are four members whose terms expire
within the next month which then potentially could mean turnover in people on the Commission.
The Commission may want to defer filling this Chair position until what is normally the annual
meeting after any new or returning Planning Commissioners are reseated. Typically, that
happens in the July or August timeframe. It may depend on how quickly the term re-
appointments or new appointments take place at City Council. She does offer that as a potential
option but you can take the step to fill the vacancy tonight.
Mr. Adams asked what terms are expiring. Responding to Mr. Adams, Mrs. Melson-Williams
stated that the At-Large position that is Dr. Jones. The First District position of Ms. Edwards and
the Third District position of Mr. Tolbert are also expiring in June.
Mr. Adams move to defer action of the appointment for the Chair position unless there is a
member who expresses a burning desire to serve in the position, until we have confirmation on
who our members are going to be at the July or August meeting, seconded by Mrs. Welsh and the
motion was carried 7-0 by voice vote with Dr. Jones and Mr. Tolbert absent.
Meeting adjourned at 10:30 PM.
Sincerely,
Kristen Mullaney
Secretary
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