Buried deep inside the Bay Creek Member Insider newsletter was news that the developer had “sold a small strip of land for a right-of-way easement near the Bay Creek entrance to VDOT for $31,000″. The Bay Creek HOA sold the land to Kevcor Contracting Corporation as part of the Old Cape Charles Road Reconstruction Project. Given the 1993 Annexation Agreement calls for the developer to actually pay for ‘all’ said improvements to Old Cape Charles Road, the Virginia Taxpayer is once again left swinging in the wind. The work planned for Old Cape Charles Road (Route 642) is to “provide safety improvements and enhance access to the Cape Charles Harbor”. While improved harbor access is one benefit, the key term here is ‘safety improvement’. These safety improvements, which consist of two 12’ lanes and 8’ wide shoulders with 4’ being paved, will help bicyclists and pedestrians from Bay Creek get in and out of town. These ‘improvements’ will mainly benefit the Bay Creek development and its residents, yet it will be the Virginia taxpayer that will bear the brunt of the cost.
On page 65 of the Annexation Terms and Conditions (see Mirror Article for more background), it clearly states that “the developer be required to assume full construction cost of all off-site road improvements required to serve the proposed development.” Just as the developer never paid a penny towards the new wastewater plant, they have somehow managed to wriggle free of any obligations for expanding Route 642. Granted the agreement was signed back in the 1990s, it is a legislative act of the State of Virginia, and as such, is still binding. It is clearly stated in the agreement that it is bound to ‘run with the land’.
Opinion: With Town Council and most Commissions and Boards stuffed like a Christmas goose with Bay Creek residents and apologists, we would caution citizens hoping for fair and open government to curb their enthusiasm, and work diligently towards managing expectations.