Kent County Regional Planning Commission Public Hearing – September 3, 2026

The Kent County Regional Planning Commission held a public hearing on the evening of September 3, 2026, at 6:00 PM in the Levy Court Chambers. The hearing addressed three conditional use applications: a propane facility (CS-26-05), a landscaping/horticultural operation (CS-26-04), and a community solar facility (C-26-05). No decisions were made; the commission will deliberate and vote at its business meeting on September 10, 2026.

Public Comments & Testimony

CS-26-05 Cattail Creek Propane Facility

• One member of the public, Dave Hanks (Felton, DE), spoke in opposition. He raised concerns about truck delivery logistics, suggesting a 35-foot pull-off for safe filling of the nine 10,000-gallon tanks, and noted that during cold snaps the tanks would be depleted quickly, requiring frequent deliveries.

CS-26-04 Pro-Cut Tree Services

• No public comments were offered either in favor or opposition.

C-26-05 Sunrise Shaws Corner Road Solar

• Multiple residents and local officials expressed strong opposition. Speakers included:
  • Kelly Ward (87 New Fawn Ct., Clayton) – Representing the 155-home Whitetail Run HOA (letter on file). She cited concerns about deer jumping 7-foot fences, property value depreciation, glare, and habitat fragmentation.
  • Maggie McMullen (2523 Shaws Corner Rd.) – Opposed on grounds of farmland loss, road safety (Amish children walking), noise during construction, fire hazard (lack of hydrants), and potential for toxic fumes from solar panel fires.
  • Molly Tolbert, Katie Tolbert, and Mitch Tolbert (2123 Shaws Corner Rd.) – Katie described the property as a family haven and cited endangered species (monarch butterflies, tri-colored bats, bald eagles). Mitch, a firefighter, detailed firefighting challenges: limited water supply (8,500 gallons total from Hartley and Smyrna tankers), need to secure power before suppression, and thickness of access road. He also expressed frustration with the developer’s attitude (“you’re dealing with billion-dollar companies”).
  • Selby Gravener (2622 Shaws Corner Rd.) – Recalled prior opposition to a housing development on the same land and noted that the road is one-lane, lacks water/sewer, and would be unsafe for heavy equipment.
  • State Senator Dave Lawson (2257 Westville Rd., Marydel) – Argued that solar cannot exist without government subsidies, panels degrade after 25–30 years, leach into soil, and destroy farmland. He also noted road safety hazards for Amish horse-and-buggy traffic.
  • Eileen Talley and Kevin Talley (2593 Shaws Corner Rd.) – Small farmers who said they were not given adequate notice (only small signs on August 18). They opposed the project on grounds of water contamination, property values, and environmental harm.
  • Sarah (spouse of earlier speaker, name not given) – Spoke for Amish neighbors who do not use electricity; questioned the “community solar” benefit when half the road’s homes are Amish. She also raised concerns about soil testing depth not reaching drinking water aquifers.
  • Deborah Callandrillo (49 Newfound Ct., Clayton) – Expressed general health concerns about toxins from solar panels.
• Show of hands: About 20–25 people indicated opposition. No speakers were in favor of the solar project.

Discussion Items

CS-26-05 Cattail Creek Propane Facility

• Applicant: Charlie Barnett (Morrison Richie Associates) representing Poors Propane. The facility was previously approved in 2024 but the conditional use expired. The applicant acknowledged that the facility was built in error before final approval, with underground tanks placed 11 feet inside the required 50-foot setback from Barrett’s Chapel Road. He argued that moving the tanks would require shutting off service to 81 homes, emptying and relocating all nine tanks, and would bring them closer to the nearest house (Lot 70). Staff recommendation is to relocate the tanks; the applicant requested that the commission approve the existing layout, noting that the facility meets all federal codes and that the fence around the regulator is the key safety feature.
• Commissioner questions: Mr. Davis asked about the distance to the nearest fire hydrant (unknown; applicant committed to provide answer at business meeting). Mr. Servon asked about the nearest natural gas line (not known). Mr. Peterman asked about fencing around the tanks; the applicant’s representative, Michael Steiner (2312 Ridgeway Rd., Wilmington, DE), agreed to install a fence if required as a condition of approval.

CS-26-04 Pro-Cut Tree Services

• Applicant: William Darby (owner) and Colby Kotchka and Drew Boyce (Century Engineering). The conditional use had expired because they could not obtain required agency approvals in time. The proposal is unchanged from a prior hearing: a 9,999 sq. ft. agricultural building, a 360 sq. ft. office, and a gravel access road. The applicant agreed with all staff recommendations. Commissioners noted that previously planted trees (green Giant arborvitae) have grown well, providing a buffer. No opposition or questions from the public.

C-26-05 Sunrise Shaws Corner Road Solar

• Applicant: John Falkowski (Becker Morgan Group) representing Sunrise Solar. The project is a 4 MW (AC) community solar facility on 16.5 acres of a 24.6-acre parcel. Key details: 15-foot-tall tracking panels, 7-foot knot-wire fence with wildlife openings, 20-foot landscape buffer of evergreens, stormwater management via meadow mix, compliance with all setbacks (100 ft. front, 150 ft. from off-site dwellings, 100 ft. from wetlands/streams). Noise from inverters at nearest neighbor (244 ft. away) is 32 decibels (quiet office). Soil testing will be done at baseline and every five years. Decommissioning plan and bond required.
• Commissioner questions: Mr. Servon asked about the soil types (IGB type A and H&A type B) shown on the plan – these are soil types. Mr. Gauvery asked about panel height (15 ft. at full tilt, 7 ft. flat). Mr. Mills raised a concern about toxic fumes from solar panel fires. Commissioner Garber noted that the commission’s hands are tied by state legislation and advised residents to contact legislators. Director Kiefer reported that 265 acres of solar have been approved, leaving about 1,300 acres available.

Key Outcomes

• No decisions were made on any of the three applications. The commission will deliberate and vote on all three at its public business meeting on Thursday, September 10, 2026, at 6:00 PM. No new testimony will be received at that meeting.
• The record for each application will remain open for two business days (until September 5, 2026) for written submissions.
• For CS-26-05 (propane), the applicant was asked to provide the distance to the nearest fire hydrant at the business meeting.
• For C-26-05 (solar), the commission received extensive oral and written opposition. No action was taken, but the matter will be decided at the September 10 meeting.
• The meeting adjourned at approximately 7:30 PM (inferred from the timeline).