Kent County Board of Adjustment Meeting - October 15, 2026

The Kent County Board of Adjustment held a public hearing and business meeting on Thursday, October 15, 2026. The primary focus was five variance applications submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) for the Bay Beach Nourishment Project, a $60 million joint effort with the US Army Corps of Engineers. The project seeks to provide coastal storm risk management and beach replenishment for bay communities. The board heard testimony on applications for Kitts Hummock and Pickering Beach before unanimously approving all variances and extending their validity. All six board members were present (Jenkins, Simpson, Gallo, Denny, Hudson, and Cusick).

Consent Calendar

• The board unanimously approved the business meeting minutes from July 16, 2026.
• The board approved Notices of Decision for applications A-26-15, A-26-16, and A-26-17 from the previous meeting.

Public Comments & Testimony

Support for the Bay Beach Nourishment Project:

• Michael F. Costello (Kitts Hummock resident) expressed full support, describing the project as vital to saving homes from coastal erosion. He highlighted the 2008 Mother's Day storm to demonstrate the environmental and agricultural stakes for the community.
• Dan Burroughs (Kitts Hummock resident) described strong community consensus and noted that the adjacent lot at 16 South Bay Drive has been used informally for public parking for decades, making the formalization a natural step.
• Renee Russo (Pickering Beach resident) stated the community is completely supportive but voiced concern about the risk of the project stalling after parking is built if construction bids exceed funding.
• Stephen DePuy (Pickering Beach resident) urged the board to avoid delays, testifying that federal funding has a strict deadline, stating it would disappear if not used by 2027. (Note: Another speaker referenced a 10-year window for using funds, creating a discrepancy in testimony on the exact deadline.)
• Ellen DePuy (Pickering Beach resident) stressed the environmental need to protect marshlands and farmland from saltwater intrusion.
• DNREC representative Josh testified that community outreach has secured the necessary easements and that the requested variances are among the final requirements to put the project out for bid.

Concerns Regarding Specific Designs:

• Jennifer Masias (Property owner at 240 North Bay Drive, adjacent to A-26-19) opposed the specific design of the application for the lot next door. While fully supporting the nourishment project, she argued the proposed eight-space parking lot with a five-foot setback was an overreach. She raised safety concerns about the proximity of the parking to her property's propane tanks and questioned the necessity of maximizing parking spaces when fewer would allow a greater setback. She requested the board consider a reduced scope or larger buffer.

Community Response to Concerns:

• A subsequent speaker supported Ms. Masias's safety concerns regarding the propane tanks and fire hazard but acknowledged the difficulty of altering the parking plan due to federal funding requirements.

Discussion Items

• Board Authority on ADA Variances: The board's legal counsel confirmed that the board has the authority to grant variances from the county code's ADA parking space requirements. The applicant noted that ADA spaces would be provided at a central location at the main beach crossover.
• Propane Tank Safety Issue: The board extensively discussed the safety risk of parking spaces located roughly ten to fifteen feet from a neighbor's propane tanks. Board members noted that a physical barrier would be installed and that dawn-to-dusk parking restrictions would mitigate overnight fire risks. The consensus was that the concern, while valid, did not present an exceptional difficulty that justified denying the variances given the project's overall importance.
• Required Parking Numbers: Counsel advised the board that the only competent testimony indicated the proposed number of parking spaces was a minimum set by the Army Corps of Engineers. Speculating on whether fewer spaces would suffice was deemed inappropriate.
• Funding Urgency: The board acknowledged testimony that further delays could jeopardize the $60 million in federal funding, creating an exceptional practical difficulty for the property owners and the state.

Key Outcomes

• Application A-26-19 (252 North Bay Drive, Kitts Hummock): Approved (6-0). Variances granted for a 5-foot parking setback, no on-site ADA spaces, and relief from perimeter planting requirements.
• Application A-26-20 (16 South Bay Drive, Kitts Hummock): Approved (6-0). Variances granted for no direct drive aisle, no on-site ADA spaces, reduced setbacks, reduced lot dimensions, and relief from plantings.
• Application A-26-21 (315 South Bay Drive, Kitts Hummock): Approved (6-0). Variances granted for a 20-foot drive aisle, no on-site ADA spaces, reduced side setbacks, and relief from plantings.
• Application A-26-22 (219 South Sandpiper Drive, Pickering Beach): Approved (6-0). Variances granted for backing into the right-of-way, no on-site ADA spaces, a 0-foot front setback, a 6.3-foot side setback, reduced lot dimensions, and relief from plantings.
• Application A-26-23 (229 South Sandpiper Drive, Pickering Beach): Approved (6-0). Variances granted for backing into the right-of-way, no on-site ADA spaces, a 0-foot front setback, a 5-foot side setback, reduced lot dimensions, and relief from plantings.
• Variance Extension: The board voted unanimously to extend the validity period for all five approved variances to two years to align with the project's construction schedule and funding requirements.