Milford Board of Adjustment Meeting: April 9, 2026 - Multiple Variance Approvals for Commercial Projects

The Milford Board of Adjustment held a meeting on April 9, 2026 to consider six variance applications related to commercial development. The board approved all requests, including modifications to signage height, building parapet walls, parking lot landscaping, side yard setbacks, minimum lot area, and interior parking lot landscaping requirements. Public testimony was heard on several items, with residents expressing concerns about visual intrusion, light pollution, and impact on neighborhood character.

Public Comments & Testimony

• Rachel Melton (113 Starlight Lane, Milford): Opposed the 40-foot sign height for Ashley Furniture, arguing that customers use GPS and online searches and that the sign would make the neighborhood feel like a shopping district. She also expressed concern about truck traffic near a school bus stop.
• Justin Barnes (on behalf of Ashley Furniture): Defended the sign height, stating the proposed sign is 33% smaller than code allows, uses a darker aesthetic, and emits 400% fewer nits than an electronic message center. He argued the sign is necessary for visibility from Route 1 and that the design minimizes impact on the subdivision.
• Allison May (371 Shore Lane, Lighthouse Estates): In a letter read into the record, oppo sed the40-foot sign, stating it exceeds the height limit by 12 feet and that the company should have considered visibility before selecting the location. She raised concerns about light intrusion and visual impact.
• Greg Socora (334 Shore Lane, President of Lighthouse Estates HOA): Oppo sed the sign height, stating online searches negate the need for such a tall sign and that the 28-foot allowence is sufficient. He also requested that a fence around a retention pond be replaced with trees for aesthetics.
• Julie Morris (2142 Cedar Beach Road): Oppo sed the Ashley sign, calling the applicant's mention of a brighter alternative "threatening." She argued that light travels and would intrude into homes at 40 feet. She also opposed the building parapet height variance, stating the applicant failed to demonstrate a land-based hardship. She later opposed the MLTJ parking landscape exemption, calling it a full exemption from city standards and questioning the applicant's track record at other properties (Airport Plaza and Big Oyster).
• Other: No comment on Bay Health or Miss Pillion Holdings; Greg Socora requested information about trees vs. fence at MLTJ (deferred to site plan review).

Discussion Items

Ashley Furniture Sign Height Variance (BOA-290-2026)

• Request: Variance from Milford City Code §230-24.16.B.1.b to permit a freestanding sign 40 feet in height (code allows 28 feet) at Kent County tax parcel MD-16-174.18-02.57.00. The applicant (Justin Barnes, Ashley Furniture) argued the height is needed for visibility from Route 1 over an overpass (elevation 51 feet). The sign would be 160 sq. ft. (38% smaller than allowed), 1,250 nits (far below the 8,000-10,000 nits allowable), interior-lit, and oriented north-south to minimize light toward the subdivision. The applicant also stated that the lower parapet wall (33 feet) and distance (850-1,400 feet) would further reduce visibility from the neighborhood.
• Board Discussion: Board member Joe Wiley proposed amending the height to 35 feet, suggesting that would be level with the lower parapet and avoid piercing the line of sight from the development. The motion was seconded and passed 3-0.

Ashley Furniture Parapet Wall Height Variance (BOA-292-2026)

• Request: Variance from §230-40.A to permit a parapet wall of 40.7 feet (code permits 39 feet, as building height limit in C3 is 35 feet plus 4 feet parap et) to highlight the building entrance. The applicant (Justin Barnes) cited the presence of a 60-foot hotel (Hampton Inn) nearby, arguing the extra 1.7 feet is needed for the entrance to not be lost in the skyline.
• Board Discussion: Board members cited the hardship presented by the adjacent hotel height and the aesthetic need. The motion was approved 3-0.

Bay Health Sussex Campus Parking Landscape Islands Variance (BOA-289-2026)

• Request: Variance from §230-20.L.2.B to permit landscaped islands every 33 parking spaces instead of every 12 spaces in a parking lot with more than 100 spaces in the IS zone. The applicant (John Falkowski, Becker Morgan Group) argued that the existing parking lot design on the campus uses a radial layout with few islands, and requiring additional islands would disrupt emergency vehicle access, snow removal, and storm sew er infrastructure. The applicant noted that longitudinal islands are already provided and that the total landscape area is still met.
• Board Discussion: The board discussed that the building will house doctor's offices (Bay Health programs) and that the parking meets requirements. The motion was approved 3-0.

Miss Pillion Holdings Awning Side Yard Setback Variance (BOA-293-2026)

• Request: Variance from §230-14.D.6 to reduce the northern side yard setback from 20 feet to 15 feet to allow construction of a 3-foot awning along three sides of an existing commercial building at 280 North Rehoboth Boulevard. The applicant (Travis Mick) stated the existing building is 18.4 feet from the property line, and the awning would improve aesthetics and drinage.
• Board Discussion: No public opposition. The board noted no objection from neighboring properites. Motion approved 3-0.

Miller Investments Minimum Lot Area Variance (BOA-294-2026)

• Request: Variance from §230-14.D.1 to reduce the minimum lot area from 1 acre to 0.859 acres for property at 908 North Church Street, zoned R2 but proposed for rezonning to C3 for future flex development. The applicant (David Miller) stated the property was purchased adjacent to his existing C3 lots and that the change is necessary to proceed with the rezonning process.
• Board Discussion: Public commenter Julie Morris questioned the timing, asking why the variance was sought before a specific plan was in place. Applicant responded that the process takes time and that the property would remain a group home until approvals are obtained. Board approved 3-0, noting other C3 parcels are smaller.

MLTJ LLC Parking Lot Interior Landscaping Exemption (BOA-281-2026)

• Request: Variance from §230-20.L.1 to waive all interior parking lot landscape islands (required for lots with less than 100 spaces in C3) at 250 North Rehoboth Boulevard. The applicant (Alan Dector, Pennoni Associates) argued that the existing site is 95% impervious and will be reduced to 76-77%. The three new buildings are located similarly to the existing ones, and parking is already broken up by buildings. Requiring islands next to buildings would create maintenance issues (tree damage, roots). The applicant will plant all 26 required trees (code requires one per 5,000 sq. ft.) around the perimeter instea d of in islands.
• Board Discussion: Public commenter Julie Morris opposed, stating the request is a full exemption and that maintenance is not a legal hardship. Board member Rob Pierce noted that the required trees are still provided. Motion approved 3-0.

Key Outcomes

• Ashley Furniture Sign Height Variance: Approved as amended to a sign height of 35 feet. Motion by Joe Wiley, seconded, vote 3-0.
• Ashley Furniture Parapet Wall Height Variance: Approved as requested (40.7 feet). Motion by Joe Wiley, second ed, vote 3-0.
• Bay Health Sussex Campus Parking Landscape Islands Variance: Approved (every 33 spaces). Motion by Joe Wiley, seconded, vote 3-0.
• Miss Pillion Holdings Awning Side Yard Setback Variance: Approved (15 feet north side). Motion by Joe Wiley, seconded, vote 3-0.
• Miller Investments Minimum Lot Area Variance: Approved (0.859 acres). Motion by Joe Wiley, seconded, vote 3-0.
• MLTJ LLC Parking Lot Interor Landscaping Exemption: Approved (no interor islands). Motion by Joe Wiley, seconded, vote 3-0.
• Appoval of Findings of Fact: Approved for seven previous applications (lands of Amy Perfetti; Sussex County Habitat for Humanity (two applications); lands of Thadeus Frost; CCGTL Properties LLC; lands of David Carr; lands of Milord Historical Society). All motions approved unanimously.