Molly Murray

The News Journal

The access issues at Alapocas Run State Park are the stuff of legend, fraught with court battles, complex negotiations and ongoing tiffs between park users and neighboring property owners.

But the state Open Space Council, which met Wednesday, may have finally found a solution to make it easier for people to use the park, best known for its spectacular rock climbing area. The plan involves the swap of 1.53 acres of state land for 3.92 acres – much of it along the bottom of the Brandywine – owned by The Buccini/Pollin Group.

The land is part of the former Bancroft Mills site, which the development group took over in 2015, embarking on a mission to repurpose it into multifamily residential units. While Buccini/Pollin had hoped to start demolition in early December in preparation for the project, a large fire in November destroyed much of the old mill complex.

The timeline for the $70 million plan was thrown off because of the fire, said the company’s Senior Vice President for Development Michael Hare about a week after the incident. Redevelopment costs were likely to increase, Hare said, because the old wood timbers within the structure now cannot be sold.

The council, by law, can't approve the land swap with Buccinni/Pollin, but on Wednesday it voted to ask state lawmakers to authorize it.

The move is a rare one. The council has requested a land swap just one other time in its 26-year history. It exchanged a piece of land with Epworth United Methodist Church just outside Rehoboth Beach several years ago.

Ironically, a second land swap proposed earlier this year with Epworth was scuttled by the council. Council members raised concerns about trading land that was purchased with land conservation in mind.

On Wednesday, they agreed to an outright purchase of ball fields owned by Epworth – land that was part of the former swap proposal. The state will pay $225,000 to buy the 5.76 acres, adjacent to ball fields the state already owns off Holland Glade Road. The purchase price may sound low given resort area real estate prices, but the council purchased a conservation easement on the land years ago. With this latest deal, the state ends up the outright owner of the property.

STORY: Bancroft Mills still smoldering, one week after fire

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There was some initial concern about the Brandywine land swap until state park officials explained the long-standing access issues at Alapocas Run.

Even though the land will be transferred to a private owner, "this is an exception where it should be done," said Wayne Holden, a council member.

State Rep. Gerald L. Brady, D-Wilmington, said he was born and raised in the area, as were five generations of his family.

"I know every square inch" of the old Bancroft Mill, he said.

Brady, an Open Space Council member, said he's been involved in the park access issue for years.

"I've worked with just about every personality you can imagine," he said. "Land swaps are the least of our legal issues."

The swap, he said, would improve access and provide the state with additional amenities.

"This is a good deal. Trust me," Brady said.

The Open Space Council has signed off on four land acquisitions at Alapocas Run. The first was in 1988 when River Gardens, LLC transferred 12.19 acres to the state at no cost. The second came in 1999 when the state spent $4.5 million to buy 152.33 acres from Al-Zar Ltd. The third land purchase was in 2000 when the state paid CCM Realty LLC $350,000 for 1.53 acres. The last acquisition was last year when the state acquired 45.94 acres from the Nemours Foundation at no cost. The urban park stretches from its boundary with Rockford Park to beyond U.S. 202.

Council member Lorraine Fleming said she visited the park section along the Brandywine on Tuesday.

"I guess I was a little stunned to see how dismal the park entrance was," she said.

Fleming was more concerned that a swap might set a precedent.

But once she learned there had been a previous swap, she said she was satisfied.

State Park staffers characterized the Brandywine land swap as a unique opportunity to resolve long-standing issues, improve access and gain some park improvements.

"There are such a limited number of parking space," said Ray Bivens, state parks director.

Bivens said state park officials can't promote the park because they depend upon an easement with private landowners to reach the tiny parcel. In addition, there is limited parking for visitors.

With the swap, Bivens said, the developers have agreed to install a 25-space parking lot, a pavilion and restrooms, and provide an improved access route into the state holdings.

In addition, the state gets control of the river along the old Bancroft Mill site. This area includes an old dam. Bivens said state park officials would ultimately like to remove the dam to allow passage of American shad during their spring spawning run.

Contact Molly Murray at (302) 463-3334 or mmurray@delawareonline.com. Follow her on Twitter @MollyMurraytnj.