RACHEL RAVINA/BAYSIDE GAZETTE
Attorneys Peter Buas, left, and Regan Smith, represent property owners Spiro and Mary Anne Buas as they address the Berlin Town Council Tuesday evening about an annexation agreement for a proposed gas station and convenience store.

By Rachel Ravina, Staff Writer

(May 30, 2019) The Berlin Town Council approved the annexation of about six acres for a proposed gas station and convenience store Tuesday evening.

Attorneys Regan Smith and Peter Buas represented the interests of property owners Spiro and Mary Anne Buas of Athena Properties Inc. The land, now called Athena Plaza is on Route 818 across from Berlin Main Place near its intersection with Route 50.

Smith said the property has water and sewer available and is zoned C-2 Commercial in the county. He proposed a similar classification at B-2 Shopping District at the local level.

The Berlin Planning Commission also issued a favorable recommendation during a March 13 meeting.

Smith also said a portion of the property was previously annexed into the town, but this would complete the transfer. He added they’ve also started conducting a traffic study, but the decision ultimately lies with the state’s highway administration as the property is near a state road.

A conceptual site plan was provided for the proposed project, but Smith said they’d come back for a site plan review before construction could begin.

Smith said the annexation also included several provisions, including receiving police and fire services, having the property owners take responsibility for trash pickup and paying for equivalent dwelling units and water usage. He added the property is serviced by Delmarva Power.

Mayor Gee Williams the ready-to-serve fees allow EDUs to be reserved.

Councilman Zack Tyndall expressed his concerns with the traffic safety associated with the intersection as well as two possible entrance and exit lanes.

Smith said they proposed having a right turn-only entrance and a main exit and entrance to match up with the nearby Berlin Main Place property. However, he told Tyndall the decision isn’t up to them.

“…That’s our intent but that’s going to depend on what state highway directs us to do,” Smith said.

During the public hearing, a member of the audience cited the difficulty of entering and exiting the Exxon gas station next to the Food Lion off Route 50, and asked officials to consider than as the proposed project develops.

Williams agreed.

“It’s strenuous, it’s a challenge every day,” he said.

Another audience member feared high costs might be incurred with the town’s provision of electricity and cited the $36,000 cost of the transfer of service from Delmarva Power to the town utility for the Sonrise Church on Main Street.

“This property [is] in a different league in terms of usage, [and it’s] not going to be anywhere near that,” Williams said.

Smith also interjected that once the town decides to annex a property, there’s a separate analysis done to determine if the town wants to assume electric costs.

“If it said $36,000, it’s done, it’s just not going to happen,” Williams said.

Prior to making a motion, Councilman Dean Burrell told Smith that “I’m going to tell Joe Moore that you do talk as much as he does.”

Smith is Moore’s partner in the law firm Williams, Moore, Shockley, and Harrison.

Burrell then moved to approve the annexation agreement. It was a 4-1 vote with Tyndall dissenting.