Remove Board of Adjustment Members serving the city of Milford
The Issue
FORMAL PETITION FOR REMOVAL OF THE ENTIRE MILFORD BOARD OF ADJUSTMENT
Pursuant to Milford City Charter, Milford City Code, and Delaware Code Title 22, § 323(3)
We, the undersigned residents and taxpayers of the City of Milford, hereby petition the Mayor and City Council to immediately remove all current members of the Board of Adjustment for cause.
CAUSE FOR REMOVAL
1. Approval of 32 Variances for the Carlisle Lane / Truitt Avenue Townhomes
On March 13, 2025, the Board of Adjustment voted to approve thirty-two (32) separate zoning variances for the Carlisle Lane, LLC / Truitt Avenue Townhomes project.
These variances included drastic reductions in required lot sizes, setbacks, open space, and architectural diversity requirements, far beyond reasonable adjustments allowed under City Code.
2. Conflict of Interest and Appearance of Impropriety
At least one Board member, Chair Brendan T. Warfel, is the owner of a local construction company that could directly or indirectly benefit from approvals. He is currently looking to accept a bid from the city of Milford for construction of a pole barn.
Other members have not publicly disclosed their professional or financial connections, raising legitimate questions about undisclosed conflicts.
Under 29 Del. C. § 5805(a), participation in any decision where a member has a personal or private financial interest is prohibited.
3. Failure to Protect Public Safety and Welfare
The approved variances allow development within a 100-year FEMA floodplain, with a 26% chance of damage to life and property over a 30-year mortgage period.
Required DNREC approvals have not been completed, and open space requirements are being ignored.
4. Erosion of Public Trust
The wholesale granting of 32 variances in a single case represents a disregard for the City’s zoning laws and long-term planning principles.
The appearance that decisions are being made for the benefit of developers rather than residents undermines faith in the City’s quasi-judicial process.
LEGAL AUTHORITY
Under Delaware Code Title 22, § 323(3) and the Milford City Charter, members of the Board of Adjustment may be removed for cause by the legislative body after notice and a hearing. “Cause” includes conflicts of interest, misconduct, neglect of duty, or any action undermining the impartial administration of City Code.
PETITION DEMAND
We, the undersigned, demand that:
1. The Mayor and City Council immediately initiate removal proceedings for all current members of the Board of Adjustment, with public hearings scheduled for each member.
2. All 32 variances granted for the Carlisle Lane / Truitt Avenue Townhomes be re-examined by a newly appointed Board with no financial or personal ties to the development industry.
3. A full conflict-of-interest audit of all quasi-judicial board members be conducted, with mandatory public disclosure of professional affiliations.
124
The Issue
FORMAL PETITION FOR REMOVAL OF THE ENTIRE MILFORD BOARD OF ADJUSTMENT
Pursuant to Milford City Charter, Milford City Code, and Delaware Code Title 22, § 323(3)
We, the undersigned residents and taxpayers of the City of Milford, hereby petition the Mayor and City Council to immediately remove all current members of the Board of Adjustment for cause.
CAUSE FOR REMOVAL
1. Approval of 32 Variances for the Carlisle Lane / Truitt Avenue Townhomes
On March 13, 2025, the Board of Adjustment voted to approve thirty-two (32) separate zoning variances for the Carlisle Lane, LLC / Truitt Avenue Townhomes project.
These variances included drastic reductions in required lot sizes, setbacks, open space, and architectural diversity requirements, far beyond reasonable adjustments allowed under City Code.
2. Conflict of Interest and Appearance of Impropriety
At least one Board member, Chair Brendan T. Warfel, is the owner of a local construction company that could directly or indirectly benefit from approvals. He is currently looking to accept a bid from the city of Milford for construction of a pole barn.
Other members have not publicly disclosed their professional or financial connections, raising legitimate questions about undisclosed conflicts.
Under 29 Del. C. § 5805(a), participation in any decision where a member has a personal or private financial interest is prohibited.
3. Failure to Protect Public Safety and Welfare
The approved variances allow development within a 100-year FEMA floodplain, with a 26% chance of damage to life and property over a 30-year mortgage period.
Required DNREC approvals have not been completed, and open space requirements are being ignored.
4. Erosion of Public Trust
The wholesale granting of 32 variances in a single case represents a disregard for the City’s zoning laws and long-term planning principles.
The appearance that decisions are being made for the benefit of developers rather than residents undermines faith in the City’s quasi-judicial process.
LEGAL AUTHORITY
Under Delaware Code Title 22, § 323(3) and the Milford City Charter, members of the Board of Adjustment may be removed for cause by the legislative body after notice and a hearing. “Cause” includes conflicts of interest, misconduct, neglect of duty, or any action undermining the impartial administration of City Code.
PETITION DEMAND
We, the undersigned, demand that:
1. The Mayor and City Council immediately initiate removal proceedings for all current members of the Board of Adjustment, with public hearings scheduled for each member.
2. All 32 variances granted for the Carlisle Lane / Truitt Avenue Townhomes be re-examined by a newly appointed Board with no financial or personal ties to the development industry.
3. A full conflict-of-interest audit of all quasi-judicial board members be conducted, with mandatory public disclosure of professional affiliations.
Petition Updates
Share this petition
Petition created on August 10, 2025