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Sussex County reaches compromise on public hearing rule change

Council considered letting applicants respond to comments
January 16, 2026
Sussex County Council reached a compromise Jan. 13 to allow council members to ask applicants and other attendees questions following public hearings on zoning change requests.
 
Council at its Jan. 6 meeting discussed a change to allow applicants five minutes to reply to public comments they believed were incorrect or needed clarification.
 
Applicants begin public hearings by explaining their projects, followed by comments from the public. The county’s longtime policy did not give applicants an opportunity to respond to those comments.
 
After requests for a change to allow rebuttal or clarifications, County Administrator Todd Lawson proposed allowing up to five minutes at the end of hearings for developers to reply to points with which they took issue.
 
Councilwoman Jane Gruenebaum said Jan. 6 she was concerned that the proposal to allow applicants a chance to reply might give the impression that the council placed more faith in applicants’ statements than the public’s. She asked for a week’s delay in which the council could review the idea.
 
“In that time period, there has been a compromise reached for the amendment for these zoning hearing rules,” Lawson said at the Jan. 13 council meeting.
 
The change will eliminate a sentence that stated the applicant would not be allowed to provide a rebuttal. Cutting this sentence allows council to ask anyone questions or seek clarifications at the end of a public hearing.
 
“There was extensive discussion throughout the course of the week over this,” said Council Vice President John Rieley.
 
“Our objective is the pursuit of truth and factual information without prejudice or favor,” Rieley said. “The point is, the council has always had the prerogative to be able to ask for additional information, if we felt it was necessary, and to recall either the applicant or another person testifying in opposition.” He said he did not think it was necessary to specifically state that there is an opportunity for a rebuttal by the applicant.

Allowing a rebuttal would be a fair policy and let applicants correct the record when incorrect statements are made at public hearings, said J. Michael Riemann, an engineer and principal of Becker Morgan Group who has presented many projects for developers at hearings.

“Many, if not most, jurisdictions already provide the applicant an opportunity to answer questions or clarify any statements made regarding the project,” said Riemann, who served on the county’s Land Use Reform Working Group, in a Jan. 14 email. “This is a commonsense refinement to the process that improves clarity, transparency, and decision making by getting the facts right.”

Sussex County Planning & Zoning Commission at its Jan. 7 meeting discussed allowing applicants five minutes to reply at the conclusion of public hearings but delayed a decision until its next meeting, set for Wednesday, Jan. 21.

“That would also allow them to also offer up conditions of approval or something that might help address concerns,” said Commissioner G. Scott Collins.

“That’s a good point,” said Vince Robertson, a county attorney who assists the commission. “If there’s a concern that wasn’t anticipated, the applicant could then say, we’ll agree to do X, Y and Z.”

“I think that’s a great idea,” said commission Chair Holly Wingate.

“That’s fair,” added Commissioner Bruce Mears.

The commission decided Jan. 7 to vote or defer action following each public hearing at future meetings. Its past practice was to wait until the end of the meeting to decide on all of the applications for which hearings had been held.

That change will not require a vote by the commission.

Kevin Conlon came to the Cape Gazette with nearly 40 years of newspaper experience since graduating from St. Bonaventure University in New York with a bachelor's degree in mass communication. He reports on Sussex County government and other assignments as needed.

His career spans working as a reporter and editor at daily newspapers in upstate New York, including The Daily Gazette in Schenectady. He comes to the Cape Gazette from the Cortland Standard, where he was an editor for more than 25 years, and in recent years also contributed as a columnist and opinion page writer. He and his staff won regional and state writing awards.

Conlon was relocating to Lewes when he came across an advertisement for a reporter job at the Cape Gazette, and the decision to pursue it paid off. His new position gives him an opportunity to stay in a career that he loves, covering local news for an independently owned newspaper. 

Conlon is the father of seven children and grandfather to two young boys. In his spare time, he trains for and competes in triathlons and other races. Now settling into the Cape Region, he is searching out hilly trails and roads with wide shoulders. He is a fan of St. Bonaventure sports, especially rugby and basketball, as well as following the Mets, Steelers and Celtics.