MILFORD, Del. - The developer behind the Cypress Hall community in Milford is seeking preliminary approval for the development's fourth phase after Milford City Council denied its final major subdivision application in August, prompting a threat of legal action.
Shawnee Farm LLC, the developer of Cypress Hall, sent a three-page letter to the city on Sept. 4 through its attorneys, arguing that the city council had no legal basis to deny the application.
The letter states that the Milford City Council could be held responsible for all out-of-pocket project expenses if the city does not reconsider the application. The developer’s attorneys said those expenses could cost millions of dollars.
The Cypress Hall project dates back more than a decade. Milford approved its first phase in 2009, and the development has since revised its planned unit development application three times.
On Aug. 24, the city denied the development’s final major subdivision application for Phase 4.
Milford Mayor Todd Culotta said he did not see a reason the application should have been rejected.
“I don't know what their thinking was,” Culotta said. “There wasn't - there's nothing in it that stands out that says it doesn't meet the criteria, it doesn't meet the code,” Culotta said.
The fourth phase of Cypress Hall would include 64 single-family homes and 30 townhomes.
Culotta said Milford needs affordable housing and emphasized that affordability involves more than simply offering inexpensive homes.
“We need affordable housing in Milford,” Culotta said. “You know, and that’s not just cheap housing, it’s affordable housing. And in this case, there’s a variety of housing types out there, you know, apartments, townhomes.”
The developer’s attorneys said they are drafting a complaint to be filed in Superior Court.
For now, a motion to reconsider the application is scheduled for the Milford City Council’s Oct. 26 agenda.
