By Brian Gilliland

GEORGETOWN — During last week’s Planning & Zoning discussions of proposed rules governing Accessory Dwelling Units within Sussex County, Brian Butler, a controversial political appointment from District 2, said his office above a pole barn was in violation, and “he didn’t care.”

The Planning & Zoning commissioners were embroiled in a discussion of rules governing separate living quarters on a property as an accessory to the main dwelling. Vince Robertson, one of the county’s attorneys, was explaining how the code could get very complex very quickly when adding living quarters.

One situation the county was trying to avoid, Mr. Robertson said, was a 100-acre subdivision approved for two units per acre could essentially double in size when accessory units are considered. Called “ballooning” by Mr. Robertson, it could potentially throw off all sorts of math associated with each subdivision, like traffic counts.

At this point in the discussion, the commissioners were considering how one of the rules, which limits the primary and accessory units on a parcel to under 50 percent of the total area, interacts with existing garage or pole barn structures that already use more than half the lot.

The board and its lawyer were wondering if a smaller accessory footprint regulation wouldn’t do the job better than the 50 percent parcel restriction currently in the proposed rules.

Mr. Butler opened by lamenting density considerations altogether when other space is available in the county.

“I understand what you guys are saying but what I hear is a lot of east side, east side, east side, how about the west side,” he said. “We have quite a bit of room. There’s a lot of 50 acre, 100 acre, 200, 300 acre tracts of land over there we can use.”

Mr. Butler then switched to what he called a “prime example.”

“I’ve got an office above my pole barn, probably in violation. I don’t know, I don’t care,” Mr. Butler said during the videotaped May 8 meeting, available here: https://mediasite.sussexcountyde.gov/mediasite/Catalog/catalogs/public-archive, just before the two hour mark.

Mr. Robertson attempted to derail the conversation.

“Remember, the record is open,” he said with a laugh.

“I don’t care, it is what it is,” Mr. Butler replied.

Robert Wheatley, board chair, then asked if anyone else would like to comment, while Mr. Butler turned to Mr. Robertson and shrugged.

“If a constable shows up tomorrow, you’ll know why,” Mr. Robertson laughed to Mr. Butler.

“Just kidding,” Mr. Robertson added.

Mr. Wheatley then closed the public hearing, speaking over Mr. Roberson and Mr. Butler, who continued to banter below audible range on the microphones.

Mr. Butler was appointed to represent District Two, over the objections of the District Two Councilwoman, Cynthia Green. Ms. Green had nominated someone else to represent her district, but that vote was defeated.

Ms. Green said Mr. Butler was then nominated by John Rieley, council vice president, who was approved. Ms. Green called it the first time in history a council member made a nomination from another district.

This year, when it became time to elect county council officers, Ms. Green voted against Mr. Rieley to continue as council vice president, and Michael Vincent as president.

The incumbents were reelected.

She said at the time her votes were in direct protest of Mr. Butler’s appointment.

Mr. Butler’s term expires in 2026.

Staff writer Brian Gilliland can be reached at 410-603-3737 or bg@iniusa.org.