Milford Board of Adjustment Meeting Summary – October 8, 2026

The Milford Board of Adjustment convened on October 8, 2026, to conduct public hearings on three variance applications and adopt findings of fact for three previously heard cases. All motions carried unanimously. Two public comments were submitted by a single speaker during the hearings.

Public Comments & Testimony

• Julie Morris (21142 CDB Troy, Milford) addressed two applications. For the Clean Energy Inc. application, Ms. Morris opposed the reductions of the side yard setback and landscape buffer along the southern property line, arguing that a six-foot fence does not adequately mitigate the building being five feet closer to a neighboring residence. She also requested further clarification that the proposed use is not an automotive service. For the Halpern Plaza sign variance, Ms. Morris questioned the legal necessity of the variance, arguing the city's ordinance does not explicitly restrict freestanding signs to tenants of specific buildings and citing the Delaware Supreme Court ruling Jack Lingo (2022) regarding ambiguous zoning ordinances. She suggested the issue should have been handled as an appeal of interpretation rather than a variance request.

Discussion Items

1. Clean Energy Inc. – Variances (BOA-379-2026)

• Applicant's Representation: Chad Warren (Davis Bell & Fradel) presented on behalf of Clean Energy Inc. for the property at 1022 North Walnut Street (southwest corner of Buccaneer Boulevard and North Walnut Street), zoned C3. The application requested three area variances: front yard setback reduction (30 ft to 20 ft on Buccaneer Boulevard), side yard setback reduction (20 ft to 10 ft on the south side), and landscape buffer reduction (15 ft to 10 ft on the south side).
• Proposed Use: The 2,400-square-foot warehouse will house a filter cleaning operation. The applicant explicitly stated the business is not an automotive service center and no heavy trucks would remain on site. The existing single-family home will be retained.
• Hardship Argument: The parcel (0.4 acres, 70 ft wide) is a pre-existing non-conforming lot under the current code (minimum 1 acre, 170 ft wide). Current standards leave only a 20-foot buildable area, making normal improvements impractical without relief.
• Board Deliberations: Board members acknowledged the practical difficulty imposed by the lot's non-conforming dimensions. A letter of support from the neighbor to the south was noted as evidence the variances would not seriously affect surrounding properties.

2. Joseph Phillips – Fence Height Variance (BOA-395-2026)

• Applicant's Representation: Joseph Phillips requested a variance from the 3.5-foot maximum fence height in the front yard (R-1 district) to allow a 4-foot fence around an existing fish pond on his property at Causeway Avenue (southwest corner of Causeway Avenue and South Walnut Street).
• Proposed Use: The fence is intended to ensure safety for guests attending events held on the property, such as Hippie Fest and a ghost tour.
• Board Deliberations: Members noted the proposed fence will be located inside an existing perimeter fence and would not be more visible from the street than the current fencing. The Board found the variance reasonable for public safety.

3. Halpern Plaza – Sign Usage Variance (BOA-401-2026)

• Applicant's Representation: Kevin Esslinger requested a variance to allow either of the two permitted freestanding signs at Halpern Plaza (North DuPont Boulevard) to advertise tenants operating from either building within the shopping center, rather than being restricted to building-specific signage.
• Proposed Use: The plaza functions as one integrated commercial property with common ownership, management, and parking. The variance sought flexibility to balance tenant advertising across the two signs as tenancy changes.
• Staff Position: Staff interpreted the code as requiring each building's sign to serve that specific building, creating the need for the variance. The variance does not increase the number, size, height, or illumination of signs.
• Board Deliberations: The Board found the restriction created an unnecessary hardship given the integrated nature of the development and approved the request for greater flexibility.

Findings of Fact

The Board approved findings of fact for three applications heard previously: 387-2026 (Lands of Timothy Lesnar), 374-2026 (Telos Properties), and 380-2026 (Baltimore Air Coil). No further discussion was held on these cases.

Key Outcomes

• Clean Energy Inc. Variances: Motion to grant all three variances (front setback, side setback, landscape buffer). Vote: 5-0 (Rizzo, Wiley, Muscola, White, Warful).
• Joseph Phillips Fence Height Variance: Motion to grant the 0.5-foot variance. Vote: 5-0 (Wiley, White, Muscola, Rizzo, Warful).
• Halpern Plaza Sign Variance: Motion to grant the variance for flexible advertising across signs. Vote: 5-0 (Wiley, Rizzo, White, Muscola, Warful).
• Findings of Fact: Approved unanimously for applications 387-2026, 374-2026, and 380-2026.