At a recent meeting, Milford City Council approved a conditional use request that will bring public restrooms downtown. A large portion of the cost of the restroom was provided by a T-Mobile grant in the amount of $50,000.
“This is a conditional use application for property zoned C2 and the present use is a public park and open space,” City Planner Rob Pierce said. “The proposed use will remain the same. It is located on the east side of South Washington Street, adjacent to the pickleball courts, so the city is proposing to construct a public restroom facility on the property. The property is located within zone one wellhead protection area for a public drinking well which is why it requires a conditional use.”
Pierce explained this was not due to the use of the property, but only because the new restroom would be located within 150-feet of a wellhead. He explained the city’s engineer had reviewed the application for compliance with the city’s source water protection ordinance and has found that it presents minimal risk to the existing well. Pierce also stated that the project would require a building permit and would have to comply with floodplain regulations.
“This is a public restroom that woill be similar to one at the Boys and Girls Club,” Johnathan Richards, an engineer with Becker Morgan Group, said. “It is going to have three bathrooms. I will make note, too, that the wellhead has been there for several years, and there is a sewer main that leads to a pump station that’s adjacent to the river. The sewer for this particular building will exit out the rear which complies with Delaware code which states that sewer lateral is allowed within the wellhead protection area.”
Councilman Jason James explained that he had some questions about accessibility and safety. Richards stated that the building would be handicap accessible and would be linked by a sidewalk to the Riverwalk.
“And just to clarify, this application is before council this evening because it is within 150-feet of a wellhead,” City Planner Rob Pierce said. “The construction of the restroom, the details related to how many stalls and everything else would be considered at a later date. But, those details are irrelevant to the 150-foot radius.”
The application was open for public comment and only one person spoke against the request.
“I just heard him state the law regarding the wellhead, but from my understanding the wellhead protection through the state says the wellhead protection area has to meet the 75 foot state setback for public wells. So, this is in that area. How are you guys getting around that?” Julie Morris said. “I’d also like to point out that Dennehy at the Planning Commission meeting, they asked a bunch of questions and had concerns about this, but they were all shut down.”
Morris claimed that she believed it was Pierce who told the Planning Commission that the only concern in front of them was the wellhead distance.
That’s what every board is told. Your only concern in front of you is this, and then it gets approved to the next one,” Morris said. “The Planning Commission asked like three questions, and then pretty much got shut down and approved it, which is crazy because Dennehy told them that the one over at the other place that you guys just said backs up often, and Parks and Recreation just goes in and takes a huge hose and sprays it all over, and it’s absorbed into the well. Did I did I hear that right? I’m pretty sure that’s what I heard at the commission. So that’s the plan when this one backs up. Is it just going to go into this wellhead protection area?”
Council voted to approve the conditional use with a vote of six to zero as Councilwoman Madula Kalesis and Councilman Dan Marabello were absent.
“I vote yes for the reasons that there is no particular impact to this wellhead and the restroom is an important amenity,” Councilwoman Nadia Zychal said.
Councilwoman Nina Pletcher agreed.
“I vote yes for the reason that for this application, the concerns have been adequately addressed,” Pletcher said.

