By Brian Gilliland

GEORGETOWN — The Sussex County Planning & Zoning Commission on Wednesday left WaterGirl Farm high and dry regarding its expansion plans, finding that its owners need to better establish who owns what part of an access road to the property.

The farm, at 7047 Horse Cart Lane in Lincoln, has been owned by Jody and Phillip Vasey since 2007.

According to Ms. Vasey, physical ownership of the private lane is shared between her family and an adjacent property owner, but there are others in the area who have the right to use the lane.

The Vaseys said that, since their business generates the lion’s share of the traffic on the road and since they have farm equipment, they do most of the road maintenance.

Neighbors disputed this during the public hearing on the matter, saying they have also invested in some upkeep but conceding that the Vaseys do contribute the majority of it.

Further, Mr. Vasey said he has a recorded easement demonstrating his ownership as part of his property deed, though he did not have it to present Wednesday.

The commission was not convinced, however.

“We’ve actually dealt with this with several event venues and even a subdivision recently — you know, who has rights in the easement? What the easement width is dimensionally?” said Vincent Robertson, an attorney representing Sussex County in this matter. “Assuming you have rights, they all have rights, what does that mean?”

Several of the neighbors offered what it meant to them at the conclusion of the Vaseys’ presentation.

Yolanda Messick, who said her deed grants her rights to the road where it connects to public streets, said it is her understanding it could not be used commercially, even though it has been in the past.

She is concerned about complaints from nearby events due to her own family’s farming operation. Specifically, Ms. Messick said she has little control over when a crop duster is available or when manure can be spread as fertilizer. She noted that guests attending a WaterGirl Farm wedding would not be understanding of such work.

Commission members were able to assuage these concerns somewhat, since Delaware is a “right to farm” state and since the Messicks owned their property before the Vaseys. Therefore, there would be no legal issues in that regard.

Another neighbor, Pricilla Rogers, went on to say, “We’ve seen a change to that unimproved lane (since the Vaseys moved in). Where the potholes just consistently stay there.

“The volume of traffic on Horse Cart Lane has changed because they sell hay, straw, elderberry syrup. They sell chicken, sheep, honey, so they have a business and people going through on the lane already.”

By allowing expanded services, Ms. Rogers continued, the volume of traffic will increase, requiring even more maintenance to the street.

Others brought up safety, traffic, noise and emergency access worries.

Ultimately, the commission couldn’t come to a decision about the WaterGirl Farm expansion because it couldn’t determine what rights the nearby property owners have to the road.

So, the commissioners decided to hold the record open an 10 additional days for anyone to submit more information to the county.

They expect this issue to return to County Council on July 30, though an official agenda may change beforehand.