OpenPublica

Accountability starts with access.

© 2026 · Filed for the public record

Use casesAboutAPIPrivacyTermsLinkedIn
Home/Milford, Delaware/Board of Adjustment
OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Milford Board of Adjustment Meeting – August 13, 2026

Board of Adjustment — Thursday, August 13, 2026
BodyMilford, Delaware
SessionBoard of Adjustment
DateThursday, August 13, 2026
StatusFILED
Video Record
0:00 / 1:01:48

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

0:01

Call the

Speaker 2

0:04

meeting to order the first anybody signed up for the open public comment, which is not part of the regular meeting.

0:12

Have we had anyone sign up?

Speaker 3

0:14

I looked at the list.

0:15

There's no one who is signed up.

0:16

I don't know if there's anyone

Speaker 4

0:17

online.

0:18

Anyone online wish to make a general comment before the meeting start?

0:22

Please raise your

Unassigned speaker

0:22

hand.

Speaker 4

0:24

Looks like we have one.

0:26

Let me.

Speaker 5

0:34

Yes, Julie Morris.

0:38

Um, I just want to speak specifically.

0:42

Yep, Julie Morris 21142 Cedar Beach Road, Milford.

0:45

Um, I want to speak specifically about the leadership and independence of the board of adjustment.

0:51

Brendan Wharfle has chaired the board for many years now.

0:55

He's also a local builder whose professional work involves construction and development.

1:00

That fact alone does not disqualify someone from serving, but when combined with the extraordinary authority this board possesses to grant relief from the city's zoning requirements, residents have every right to expect the highest standards of independence, transparency, and accountability.

1:17

And I'm increasingly concerned that we're not seeing that standard upheld.

1:20

Last August I came before city council and objected to Wharfle's appointment, reappointment.

1:26

I raised concerns about this board's repeated approval of significant variances in what appear to be a pattern of treating the zoning code as something can be routinely negotiated around rather than consistently enforced.

1:37

I also place on public record my concerns about the VIP NASCAR tickets.

1:42

Despite those concerns, Wharfle was reappointed.

1:45

But the larger issue extends beyond one appointment.

1:47

The mayor has significant influence over who serves on city boards and commissions because members are appointed by the mayor.

1:53

When the may when the chair of a quasi-judicial board has a relationship with city leadership that raises legitimate questions about appearances, residents should not simply be told to trust that everything is independent.

2:06

Public confidence requires more than assurances.

2:08

It requires visible independence.

2:10

This board's responsibility is to apply the law to the evidence presented in each case.

2:15

Its role is not to advance any administration's development priorities, nor to reshape zoning requirements to fit whatever project happens to be before

Unassigned speaker

2:25

it.

Speaker 5

2:25

Just as importantly, no chairperson should appear to predetermine outcomes before fellow board members have had the opportunity to independently evaluate the facts and the law.

2:36

So today I'm asking every member seated at this dais to remember that you're not one board member following a chairperson.

2:43

You're five independent decision makers with an obligation to exercise your own judgment.

2:48

You do not work

Unassigned speaker

2:49

for

Speaker 5

2:49

Brendan Warfall.

2:51

You do not work for Todd Culata.

2:53

You're here to determine whether each applicant has met the legal standards required for the relief being requested.

3:00

I will be listening.

3:01

Constituents will be listening today, not only to how the chair votes, but to whether every member asks questions, examines alternatives, evaluates the evidence independently, and explains the basis for his or her decision.

3:14

Because the public confidence in this board depends on residents believing that decisions are made here in public based on the law and evidence rather than somewhere else before the meeting ever began.

3:25

Thank

Unassigned speaker

3:26

you.

Speaker 2

3:34

All right.

3:35

That will close the open public comment.

3:38

We'll move into the regular meeting.

3:40

We do have a full quorum today.

3:45

Please rise and we'll pledge allegiance.

4:10

We have the minutes from I believe January.

4:13

If everyone has looked over them, do we have a motion to approve?

Speaker 1

4:26

I make a motion to approve the minutes.

4:31

I have a motion.

Speaker 6

4:32

I second.

Speaker 2

4:35

Seconded by Miss White.

4:36

All in favor.

4:40

We'll move into the public hearings.

4:44

The first application is Walmart Real Estate Business.

4:51

Mr.

Discussion Breakdown — Share of Meeting
Land Use Regulation█████████████████████████████████████████████62%
Procedural████████████17%
Public Engagement████6%
Government Structure███4%
Economic Development█2%
Transportation Safety█2%
Environmental Protection█2%
Public Safety█2%
Affordable Housing█2%
Summary of Proceedings

Milford Board of Adjustment Meeting – August 13, 2026

The Milford Board of Adjustment convened at 10:00 a.m. on August 13, 2026, with a full quorum present. The board held two public hearings on variance applications, deferred one application because of a noticing error, approved five variances for an infill house application, and unanimously approved the minutes and seven prior findings of fact.

Consent Calendar

  • Approved the January meeting minutes by unanimous voice vote.
  • Approved findings of fact for prior applications by unanimous voice vote: BOA-328-2026 (Landa Brian West), BOA-317-2026 (CK Holdings Worldwide), BOA-325-2026 (Sussex County Habitat for Humanity, 21 Columbia Street), BOA-349-2026 (Lands of Brian Shipe), BOA-308-2026 (Pierce Hardy Partnership), BOA-339-2026 (Southern States Co-op, Route 14), and BOA-331-2026 (Maston Trade Yards).

Public Comments & Testimony

  • Julie Morris (21142 Cedar Beach Road, Milford) spoke during open public comment about the Board of Adjustment’s independence. She expressed concern about Chair Brendan Wharfle’s dual role as a local builder, cited prior objections to his reappointment, including concerns about VIP NASCAR tickets, and urged each board member to vote independently and base decisions on the law and evidence rather than predetermined outcomes.
  • On the Walmart application, Julie Morris said she supports the expansion and uses Walmart pickup/delivery exclusively, but questioned whether the applicant had explored acquiring adjacent land, whether the owner was consulted, and whether the building could be redesigned. She raised concerns about the one-foot setback’s practical consequences for maintenance, drainage, utilities, emergency access, and the neighboring property’s future use and value.
  • On the Telos Properties parcel 18 application, Julie Morris said she liked the infill-home idea but questioned the alternatives presented, including townhomes sold separately, a smaller footprint, a narrower driveway, and affordability restrictions. She called a “1.9 foot setback” “ridiculous” as transcribed.

Discussion Items

Walmart Variance Application (BOA-371-2026)

  • The applicant, Walmart, proposes a 4,308-square-foot addition at 939 North DuPont Boulevard in the C3 Highway Commercial district to expand online pickup operations. The plan would increase dedicated pickup stalls from 18 to 29 and add order-preparation space without customer entry.
  • Two variances were requested: a side-yard setback reduction from 20 feet to one foot (a 19-foot reduction) under Chapter 230-14D6, and an off-street parking reduction from 1,046 to 1,037 spaces (a nine-space reduction) under Chapter 230-21B.
  • Applicant’s representative Jamie Andruzi, a civil engineer with Bowler, testified that the project is driven by demand for online shopping. He said the rear, front, and right-side expansion options were rejected due to truck/loading conflicts, unsafe crossings, and incompatibility with the auto and garden centers. He stated land acquisition is not guaranteed and that the expansion would maintain a drive aisle and use fire-rated walls to avoid impacting the neighboring property. He also said the site already exceeds Walmart’s internal standard of four parking spaces per thousand square feet, while the city code requires five per thousand, so the nine spaces would likely go unused.
  • Staff confirmed the public notice was advertised in the Daily State News on July 29, 2026, mailed to properties within 200 feet, and posted on the property. Board discussion addressed the loading dock, bus-pad relocation, cart access, and administrative review; staff noted that the below-5,000-square-foot expansion would be reviewed administratively by planning and the city engineer after this hearing.

Telos Properties Parcel 14 (BOA-374-2026) – Deferred

  • Staff requested deferral because a typographical error in the staff report affected the public notice for variance request one. The board agreed to defer the application, re-advertise with corrected dimensional information, and return it in September.

Telos Properties Parcel 18 (BOA-373-2026)

  • Applicant Kyle Nichols, a local builder, proposes a single-family detached dwelling on a vacant R3-zoned corner lot at Northwest 6th Street and Truett Avenue. The house would be 1,400 square feet, three bedrooms, two and a half baths, with a 700-square-foot first floor and a target sales price of about $290,000. The applicant cited Redfin’s median Milford sales price of about $350,000.
  • Five variances were requested: front-yard setbacks along Truett Avenue and Northwest 6th Street from 30 feet to five feet each (25-foot reductions), side-yard setbacks from eight feet to three feet (five-foot reduction), rear-yard setback from 15 feet to 13 feet (two-foot reduction), and maximum lot coverage from 40% to 58% (18 percentage points above code). Staff corrected a slide typo stating the lot coverage requirement is 40%, not 45%.
  • The applicant testified that the existing non-conforming lot has virtually zero buildable area under current R3 setbacks and that the hardship was not self-created. He said the design was the smallest reasonable footprint that could still be a three-bedroom home and that the project supports infill, downtown investment, homeownership, and Milford’s comprehensive plan. Staff confirmed the public notice was advertised July 29, 2026, mailed to properties within 200 feet, and posted.
  • Asked whether combining lots could avoid variances, the applicant said any development on the corner lot would still require variances, and that combining the lots for a duplex would likely push the home into an investor/rental model rather than for-sale homeownership. One board member commented that the practical choice was between an empty lot and an affordable infill home.

Key Outcomes

  • Walmart variance 1 (side-yard setback): Motion by Ron Rizzo, second by Joe Wiley; granted unanimously (5-0). Board members cited lack of impact, increased order volume, and pedestrian safety.
  • Walmart variance 2 (parking reduction): Motion by Ron Rizzo, second by Ron Muscola; granted unanimously (5-0). Board members cited the minimal nine-space reduction and no impact on customers.
  • Telos Properties parcel 14: Deferred to the September meeting for corrected re-noticing.
  • Telos Properties parcel 18 variance 1 (Truett Avenue front setback): Motion by Joe Wiley, second by Ron Muscola; granted unanimously (5-0).
  • Telos Properties parcel 18 variance 2 (Northwest 6th Street front setback): Motion by Joe Wiley, second by Ron Rizzo; granted unanimously (5-0).
  • Telos Properties parcel 18 variance 3 (side-yard setbacks): Motion by Joe Wiley, second by Andrea White; granted unanimously (5-0).
  • Telos Properties parcel 18 variance 4 (rear-yard setback): Motion by Joe Wiley, second by Ron Muscola; granted unanimously (5-0).
  • Telos Properties parcel 18 variance 5 (lot coverage): Motion by Joe Wiley, second by Ron Rizzo; granted unanimously (5-0).
  • Next steps: Walmart’s site plan will be reviewed administratively; the Telos parcel 14 application will be re-advertised and heard in September; the Telos parcel 18 applicant was told to follow up with staff and planning. The board voted unanimously to adjourn after completing the findings of fact.

Meeting Transcript

Call the meeting to order the first anybody signed up for the open public comment, which is not part of the regular meeting. Have we had anyone sign up? I looked at the list. There's no one who is signed up. I don't know if there's anyone online. Anyone online wish to make a general comment before the meeting start? Please raise your hand. Looks like we have one. Let me. Yes, Julie Morris. Um, I just want to speak specifically. Yep, Julie Morris 21142 Cedar Beach Road, Milford. Um, I want to speak specifically about the leadership and independence of the board of adjustment. Brendan Wharfle has chaired the board for many years now. He's also a local builder whose professional work involves construction and development. That fact alone does not disqualify someone from serving, but when combined with the extraordinary authority this board possesses to grant relief from the city's zoning requirements, residents have every right to expect the highest standards of independence, transparency, and accountability. And I'm increasingly concerned that we're not seeing that standard upheld. Last August I came before city council and objected to Wharfle's appointment, reappointment. I raised concerns about this board's repeated approval of significant variances in what appear to be a pattern of treating the zoning code as something can be routinely negotiated around rather than consistently enforced. I also place on public record my concerns about the VIP NASCAR tickets. Despite those concerns, Wharfle was reappointed. But the larger issue extends beyond one appointment. The mayor has significant influence over who serves on city boards and commissions because members are appointed by the mayor. When the may when the chair of a quasi-judicial board has a relationship with city leadership that raises legitimate questions about appearances, residents should not simply be told to trust that everything is independent. Public confidence requires more than assurances. It requires visible independence. This board's responsibility is to apply the law to the evidence presented in each case. Its role is not to advance any administration's development priorities, nor to reshape zoning requirements to fit whatever project happens to be before it. Just as importantly, no chairperson should appear to predetermine outcomes before fellow board members have had the opportunity to independently evaluate the facts and the law. So today I'm asking every member seated at this dais to remember that you're not one board member following a chairperson. You're five independent decision makers with an obligation to exercise your own judgment. You do not work for Brendan Warfall. You do not work for Todd Culata. You're here to determine whether each applicant has met the legal standards required for the relief being requested. I will be listening. Constituents will be listening today, not only to how the chair votes, but to whether every member asks questions, examines alternatives, evaluates the evidence independently, and explains the basis for his or her decision. Because the public confidence in this board depends on residents believing that decisions are made here in public based on the law and evidence rather than somewhere else before the meeting ever began. Thank you. All right. That will close the open public comment. We'll move into the regular meeting. We do have a full quorum today. Please rise and we'll pledge allegiance.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com