Easement Proposal

Special Annual Meeting Vote

In November, property owners in Cherry Hill Manor will be asked to vote on a request from a developer seeking an easement through property owned by the Cherry Hill Manor Maintenance Association.

The developer, Ingerman, is planning to build an affordable senior house development on property adjacent to the neighborhood and is seeking a 50-foot easement for construction of an entrance to the development that would cross a portion of the Association's open space and connect to Colonial Court.

If the easement is approved, and the project is ultimately completed, the Association would receive a one-time payment of $30,000 and annual payments of $5,000. Ingerman will be responsible for ongoing maintenance and upkeep of the easement area, as well as all legal, title and recording costs for the implementation of the easement. 

This agreement does not create an easement at this time. Instead, it gives the developer the exclusive right to receive a permanent road easement across a portion of CHM open space only if the project moves forward.

A vote on the proposal will take place at our regularly scheduled annual meeting at 1 p.m. on Saturday, Nov. 15 at the George Wilson Community Center in Newark. 

The CHMMA Board has worked with attorneys to review the agreement but is not taking a position for or against the proposal. The Board’s role is to present the information so that Cherry Hill Manor homeowners can make an informed choice. Under our bylaws, only the full membership may determine the outcome. Board members may hold varying personal views about the project in their capacity as individual homeowners.

On this page you will find information about the project, about the meeting, and about voting procedures. Please email board@cherryhillmanor.org with any questions.

Who Can Vote?

• Each property in the neighborhood is entitled to one vote. 

• Only properties without past-due assessment balances are eligible to vote.

• If you are unable to attend the meeting in person, you may vote by email, or you may designate someone to cast a proxy vote at the meeting. See below for more details about email and proxy voting. 

If the developer secures financing and provides written notice with a finalized site plan, Cherry Hill Manor would be required to sign the permanent easement agreement. In return, Cherry Hill Manor would receive:

• a $30,000 one-time payment

• $5,000 per year, increased 2% annually

• reimbursement of up to $5,000 in legal fees related to the agreement

The developer would also be responsible for maintaining the road, carrying insurance, and protecting CHM from liability. If the easement ever ended, the developer would be required to restore the land or reduce maintenance and stormwater costs to pre-easement levels.

If the senior housing project does not move forward, this option agreement automatically expires. Otherwise, it expires on December 31, 2027.

Resources

• Click Here to view or download Ingerman's summary of the project. It includes information about the site plan, the residents and staffing, the size and dimensions of the entrance, details about utilities, drainage, landscaping and construction, and maintenance plans.

• Click Here to view or download a PDF of the complete easement proposal. Click Here to view or download a plain-language, section-by-section summary of the proposal. Click Here for a one-page simplified summary. Click Here for Frequently Asked Questions about the details of the proposal.

• Click Here to view or download a larger map of the concept plan

• Click Here to view or download a map of Open Space Parcel 1802400176.

• Ingerman developed the Alder Creek affordable housing site on Cleveland Avenue and is currently redeveloping the George Read Village affordable housing complex on the east end of Main Street. Click Here to read a Newark Post article about George Read Village project.

Email voting

• For those unable to vote in person, we will be offering email voting via the Election Runner platform. Voting will be live during the meeting, but not before or after. 

• To receive a ballot, you must RSVP with a request by noon on Nov. 14. Click Here to request an email ballot.

Proxy Voting

• If an Association member can't attend the meeting, they can designate another person to vote on their behalf with a proxy voting form.

• Proxies must be registered with the secretary when checking in to the meeting. 

• Click here to print or download a PDF of the proxy voting form. 

After the vote

If membership approves the easement, Ingerman will submit a formal plan, with an entrance to the development on Colonial Court, to the City of Newark  the entrance on Colonial Court. If membership does not approve the easement, Ingerman has said it will look to develop a new site plan and submit that to the City instead. Either way, that will kick off the development approval process.

1. Application & Staff Review – Developer submits plans; City staff conducts technical review and revisions. (No public input at this stage.)

2. Planning Commission Public Hearing & Recommendation – The project goes to a public hearing, and the Commission issues a recommendation to City Council. Public may attend and comment.

3. City Council Public Hearing & Vote – Council holds its own noticed public hearing and votes to approve, deny, or modify. Public may attend and comment.

4. Board of Adjustment (if needed) – Variances or appeals go to the Board of Adjustment for a public hearing and decision. Public may attend and comment.

5. Permits & Construction – After approvals, the developer applies for engineering and building permits. (No formal public input.)

Questions & Answers

The questions below were submitted by homeowners about the proposed easement request from Ingerman. They are presented as originally written to reflect the full range of concerns and perspectives within the community. Some questions express strong feelings or opinions, which is understandable given the potential impact of the proposal. The goal of the responses is not to debate those views, but to provide clear, factual information and help everyone understand the process, timeline, and implications so each homeowner can make an informed decision. Click here to submit a question, or email your questions to board@cherryhillmanor.org.

If the vote does not go through, does it mean the builder won’t be able to proceed, or would they have a different entrance?

If CHMMA membership does not approve the easement, the developer will go back to the City of Newark and DelDOT to discuss a new site design. According to Ingerman, the easement proposal allows them to locate the building close to Barksdale Road and away from the homes in Cherry Hill Manor and Sawmill Court, which they feel is a much better design.

Does this mean Cherry Hill Manor is selling the parcel where the entrance would be built?

No, the easement simply grants the developer permission to built the entrance through the parcel. Cherry Hill Manor will maintain ownership of the parcel and will be paid annually in exchange for allowing the easement. The developer will be responsible for maintaining the entrance, including the road surface and sidewalks. 

Why is the entrance in the site plan curved rather than straight?

The entrance in the site plan curves around the stand of trees in the center of the open space, so they won't have to be removed. The curve also slows traffic leaving the development.

Will this be the only entrance to the proposed development?

Ingerman plans this to be the only entrance. However, the site engineer says it's possible that the City of Newark may require a second entrance be constructed to allow for emergency vehicle access.

How much traffic will this add to Colonial Court?

The site engineer expects it to add an additional 175 trips per day, and says this is less traffic than a typical residential development project would create. Ingerman expects there be 52 units and 65-70 total residents, with 25 parking spaces planned for residents. The final number of parking spaces will be subject to approval by the City. Ingerman expects that many residents will not have cars, based on their experience with similar buildings of this type they have constructed in the past.

Why does Ingerman want the entrance to be on Colonial Court rather than Barksdale Road?

Ingerman has stated several reasons for this. 

• 1. Ingerman says DelDOT generally requires access from the lowest classification street possible. Barksdale Road is classified as a major collector. Colonial Court is classified as a local road. 

• 3. Using Colonial Court avoids putting a main entrance close to the intersection of Casho Mill Road and Barksdale Road, which would potentially be more difficult to develop.

• 2. Ingerman says the site design works better with the primary entrance on Colonial Court, allowing the building to be placed farther away from the neighborhood.

How will this affect parking in the neighborhood?

Ingerman has stated that they would request parking restrictions on one side of Colonial Court. If that occurs, the neighborhood could ask the City to allow parking in areas where it is currently prohibited. The City would need to determine whether there is sufficient width to safely permit parking in those areas. Additional on-street spaces might also be possible where Colonial Court meets the service road, but that would require the construction of curbing.

If membership approves the easement, what happens next?

If the easement is approved, the developer still has to complete the City of Newark’s full development-review process. The project would first be submitted to the City’s Planning and Development Department for technical review and revisions. After that, it goes to a public hearing before the Planning Commission, which issues a recommendation to City Council. City Council then holds its own public hearing and takes a final vote to approve, deny, or modify the project. In some cases, a separate Board of Adjustment hearing is required for variances or appeals. Only after those approvals can the developer apply for permits and begin construction.

Why is this vote being rushed?

The vote is taking place at our regular annual meeting, which occurs at the same time and place each year. Holding it then keeps the process consistent and transparent for all homeowners and ensures that everyone has the same opportunity to participate.8. 

Why have we had no membership meetings to discuss this in more detail?

Two meetings were held, one in person and one virtual, to give residents the opportunity to ask questions and learn more about the proposal. We also invited questions in advance and made all key information available online. These steps were taken to make participation as accessible and convenient as possible for everyone, including homeowners with work or family commitments and those who live out of town. The goal was to ensure that all residents had multiple ways to stay informed.

Why is the developer, Ingerman, in such a hurry to change our neighborhood?

Nothing has been approved or built. Ingerman needs our decision on the easement before they can submit their plans to the City. This step does not authorize construction. It only determines whether they can include the access point in their proposal. Many of the larger questions about the project can only be addressed once it is formally submitted, at which point it will be subject to City and public review.

What do we have to gain from allowing Ingerman to use our community property?

It is reasonable to ask what the community would gain. Ingerman has made a financial offer in exchange for the easement, and it is up to the homeowners to decide whether that offer is worthwhile. Some residents may also view the proposed senior housing as a potential community benefit, while others may see it differently. The purpose of the vote is to allow everyone to weigh those factors and make an informed decision.

If we still own the land, who pays for insurance and taxes on the property?

We would continue to pay the insurance and the stormwater fees. We do not pay property taxes on any of our open-space land.

Why are we not being given ample time to discuss and digest what is going to happen to our community?

Notice was sent on October 15 for the November 15 annual meeting, providing about a month for homeowners to review the materials, ask questions, and share feedback. The intent was to give everyone adequate time to consider the information before the vote.

How long has the Board of Directors known about this project and the need for an easement?

Ingerman first presented the easement concept to the Board in May. They sent a draft proposal in July. The legal review took several months because we wanted a thorough evaluation. During that process, we requested additional protections, including a two percent annual increase to the yearly payment, a requirement that the road be removed if the development ever closes, and other legal and financial safeguards.

Are we going to lose all parking along both or one side of Colonial Court forever?

Ingerman has stated that they would request parking restrictions on one side of Colonial Court. The potential loss of parking is one of the common concerns being raised.

Can you assure residents that heavy construction equipment, dump trucks, deliveries, and construction crews will be kept off Colonial Court?

Ingerman has said that most construction access would occur from their side of the property, not from Colonial Court. The proposal requires both parties to agree on any construction access if it becomes necessary, meaning they cannot use Colonial Court without our prior approval.

Why has there been no traffic impact study?

Traffic studies in Delaware are generally required when a proposed development is expected to generate significant new traffic or affect nearby state-maintained roads. Whether a study is needed is determined by DelDOT in coordination with the local government during the plan review process. The City of Newark’s Comprehensive Development Plan notes that any land development that could affect current or future traffic levels must be reviewed by the Planning and Development Department, which takes place only after a formal project submission. Ingerman first needs to know whether they can access Colonial Court before they submit their formal project plans that would include it as the proposed entrance and exit.

Why can’t you postpone the vote to give us more time to speak about the matter?

Notice went out a month before the meeting. Since then, we have spoken, emailed, and texted with numerous homeowners about the easement and the project details. Some support the project, some oppose it, and some are undecided, but no one has requested that the vote be postponed.

Why was our City Council member not at the Zoom meeting to answer questions?

No development application has been submitted to the City. At this stage, the discussion involves only the homeowners association’s decision on the easement. In Newark, the review of land development proposals is handled by the Planning Commission, and City Council becomes involved only after a formal project submission.

Are we to understand that without this easement, the project would be severely changed or reduced in size, and might not go forward at all?

Ingerman has suggested that the building might need to be repositioned and could be smaller, but they have not described the change as severe.

If they need this easement, why isn’t the Association asking for a higher payment?

As part of the legal review, the Board hired an attorney who specializes in development law. He advised that the offer was at the high end of what is reasonable. They are not purchasing the land from us. In effect, they are paying to use a portion of it. They are offering $5,000 a year for as long as the easement exists, with a two percent annual increase. That amount is roughly 40 percent of our current annual budget of about $12,500, nearly doubling the funds available each year for the Association’s routine expenses.

How much money is Ingerman going to make for years to come at our detriment? I see nothing but hardship and compromise to our community.

We do not have access to Ingerman’s financial information, so we cannot speak to how much they might earn from the project. The Association’s focus is on evaluating the proposal before us and determining whether the terms of the easement are fair and in the community’s best interest.