Michael Payan and his mother, Maria, waited hours outside a Planning and Zoning meeting Thursday night in Georgetown to exercise their First Amendment rights.

When they tried to enter the chambers in Georgetown, a guard stopped them and said they weren't allowed in.

"How can people participate?" Maria said. "That’s what we’re supposed to do in a democracy, so we can get our voice on the record."

The Selbyville residents weren't alone. At least a dozen others were denied entry with no initial explanation. Some folks who wanted to comment left out of frustration, according to Maria and Michael.

Maria said a group eventually huddled around Michael's phone to hear the live broadcast because the building's recording was inaudible.

A Planning and Zoning employee said the number of attendees was "unexpected" and that the room had exceeded its maximum capacity, which is 129.

"I understand the at-capacity issue, but they said point-blank nobody’s going in until further notice," said Keith Steck, vice president of the Delaware Coalition for Open Government.

Steck said when he was able to enter — at about 8:30 p.m., two and a half hours after the meeting started — he counted only 100 people, including the commissioners.

Dozens fight against development in Sussex

Over 1,100 residential lots were on the commission's agenda Thursday night, pointing to the explosive — and controversial — growth in Sussex County.

Planning and zoning members approved 224 multifamily units on Route 24 near Rehoboth, a move supported by the Delaware Housing Authority because of the proposal's focus on affordable housing.

Steck and dozens of others showed up to publicly oppose a 227-house proposal on about 183 acres in Frankford. The Old Mill Landing site contains tidal wetlands and forest.

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A resident who lives near and supports the site proposal accused the crowd of having an "I’ve got mine, nobody else can have theirs" attitude.

Maria disagreed.

"I think that the citizens were really thoughtful and respectful of property rights for the developer," she said Friday, "but they also understand the land has a level of give and take."

Members of Dirickson Creek Friends, named after the waterway that the site borders, and other grassroots groups dedicated to preserving land and fighting over-development, argued that the site could potentially hurt wildlife and increase traffic.

"We’ve heard about traffic. We’ve heard about trees. We’ve heard about EMS. We’ve heard about floods," Chairman Robert Wheatley said hours into the public hearing. "Better give us something different. Come with something new."

Residents criticize Planning and Zoning commissioners

Steck was told to sit down after speaking about issues beyond the application, arguing county attorneys should ensure all applications comply with the county's ordinances.

"There's nothing in our ordinances that requires that type of analysis by our attorney," Wheatley said. "That's why we're having this public hearing."

Steck continued, pointing to an application for a 7-Eleven application that was recently denied by the County Council, even though Planning and Zoning recommended approval.

"We're not here to talk about 7-Eleven, Mr. Steck. We're here to talk about this development," Wheatley said.

Steck started talking about how a federal law protecting eagles might impact Old Mill Landing project, but he was interrupted and denied by the commission.

Michael used his time to criticize commission members.

"I've seen how everyone has been treated that has been opposing this," he said, referring to the Old Mill Landing project. "I've seen people given arbitrary time limits, talked to in a condescending way. It's rude, the way I see people treating their constituents."

"You know, we have two more (public hearings) after this one, tonight," R. Keller Hopkins quipped to Michael.

"And I have to be at work at 5 o'clock tomorrow morning, just for whatever that's worth."

"You've added to my point well," Michael responded. "Thank you very much for your time."

Wheatley publicly admitted to Michael that in some instances he was rude to residents "because I have to do what is necessary to maintain control of this room and this meeting."

Michael said he came to the public meeting because he wants to protect the wetlands.

"That’s why people come here," he said. "I care about the environment and what that environment provides for me and my family."