Propane company seeks retroactive waiver for Cattail Creek facility after construction error
Summary
Representatives for a propane company told the Kent County Planning Commission the Cattail Creek facility serves 81 homes and was built after a misinterpreted setback; the company said it 'completely, completely admit[s] that they made a mistake' and asked the commission to reapprove a conditional use and consider a waiver rather than forcing relocation.
Charlie Barnett, a consultant with Morris & Ritchie Associates, told the Kent County Regional Planning Commission that the Cattail Creek propane facility was constructed after a previous conditional-use approval expired and that the company misread a setback dimension tied to underground tanks. "They completely, completely admit that they made a mistake here," Barnett said.
Barnett said the facility now supplies 81 homes in the subdivision and that moving the underground tanks to meet a 50-foot setback from Barrett's Chapel Road would require digging up nine tanks and temporarily interrupting service to all customers. He described the discrepancy as an 11-foot difference between the tanks' current locations and the county setback and argued that relocation would impose substantial cost and service disruption.
Representatives said the installation met federal and state safety standards and that the fire marshal and DelDOT previously reviewed portions of the system. During questioning, commissioners pressed the applicant for details about a fence around the regulator, access for delivery trucks and the distance to the nearest fire hydrant; company representatives said the regulator is fenced, the tanks are underground, and the firm would provide additional information (including hydrant distance) at the follow-up business meeting.
Commissioners did not make a decision on the application. Under the public hearing rules read at the start of the meeting, the commission will consider testimony and take final action at its business meeting on Sept. 10, 2026. The record for tonight's hearing remains open for two business days.
The applicant and supporters urged the commission to weigh the operational impacts to 81 households if the tanks were required to be relocated; opponents did not present at tonight's hearing. The commission acknowledged it could recommend conditions such as fencing or other mitigations when it takes the matter up at the business meeting.
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