Sussex County to consider winery expansion

Wayne Hawkins walked across the outdoor patio at Twin Branch Winery in Milton and gestured to the worksite around him.  

“Since we haven’t been open for 14 months, we thought we’d put a curtain all around,” said Hawkins, who manages Twin Branch for his wife, Shauna Thompson, the business’s owner.

The Sussex County Planning & Zoning Commission is scheduled to have a public hearing at 3 p.m., Wednesday, Nov. 20, to accept comments on Twin Branch’s request for a conditional use that is required for the business to expand to offer wine tastings and host events, such as wedding receptions.

On a cool Nov. 13 afternoon, Hawkins opened the door and walked into the dimly lighted, empty interior of the tasting room in a building on the 539-acre property in an isolated area off Saw Mill Road.

Twin Branch Winery began improvements during a winter closure at the end of 2023 to expand its offerings, Hawkins said. It was expected to reopen in a few months in the spring for the business’s one-year anniversary as a winery April 29. 

What seemed like a simple permit process became more complicated when the state fire marshal’s office in December halted work on the expansion. Sussex officials also decided the county would have to approve the the expansion of Twin Branch operations to host events. And in December, Delaware Alcoholic Beverage Control suspended Twin Branch’s farm winery license needed to process grapes into wine and sell the product because the business lacked required state and local approvals.

“It’s just a lot of government nonsense,” Hawkins said.

After learning in late 2023 of Twin Branch’s plans to expand, Duane Fox, chief of technical services for the state fire marshal’s office, said his office contacted the company to find out details of the project. The agency concluded a sprinkler system would be required in the building containing the tasting room to meet fire code because it could accommodate groups of 50 or more people, food would be served and entertainment would be provided from a small stage inside.

A water storage tank to feed the sprinkler system and an alarm system were also required because of the remote location of the property, which would delay the arrival of firefighters in an emergency, Fox said.

Hawkins said he objected to the state’s conclusion and attributed some of the disagreement to changes in fire codes. He said Twin Branch installed a 20,000-gallon water tank, alarm and sprinkler system to resolve the issues.

The fire marshal’s office was satisfied in June that the business was in compliance with fire codes, Fox said. 

The fire marshal’s office initially alerted the state ABC office that the property lacked a fire sprinkler system, Fox said. Cindy Mercer, chief of staff for the Office of Alcoholic Beverage Control Commissioner, said in an email Nov. 13 that her office was trying to bring Twin Branch into compliance.

“The office has been working closely with the owner of Twin Branch Winery,” Mercer said. “The office informed the owner that it requires confirmation from the county that the business is zoned and licensed to operate properly, which is a requirement of the Liquor Control Act. We look forward to continuing to work with the owner to resolve this matter.”

According to Mercer, the winery’s license will be activated once the agency receives confirmation that local approvals have been received.

Chip Guy, communications director for Sussex County, said the county has assisted Twin Branch to get through the local approval process.

“We did not shut them down,” Guy said, noting the county typically works with an applicant to help it come into compliance and allows it to remain open during the process, when possible. 

The county expedited the review of the Twin Branch project, possibly cutting a year off the approval process, Guy said. He declined to publicly discuss the specifics of the project or its review. 

The earliest Twin Branch can reopen is after a Jan. 28 meeting of Sussex County Council, which will consider its request for a conditional-use permit in the AR-1, agricultural-residential, zone, Hawkins said. The council would have to grant final approval.

Delaware Department of Transportation issued a letter of no contention July 12 to Sussex County, according to Charles “C.R.” McLeod, director of community relations for the department.

Hawkins said Twin Branch has been lobbying for public support of its county conditional-use application and received 500 signatures on a petition backing its request.