Materials processing project opposed by neighbors at Sussex P&Z meeting

Neighbors’ complaints brought action in much different ways April 16, as a trucking firm’s plan to move to a new site in Millsboro was backed and a Georgetown borrow pit owner asking to process soil and vegetative waste faced scrutiny for existing practices. 

The Sussex County Planning & Zoning Commission voted 4-0 April 16 to recommend changing the zoning of a Route 24 lot in Millsboro from B2, community business district to AR-1, agricultural-residential district and approve a conditional use for Toney Floyd Trucking.

The company sought permission to relocate to a 1-acre site near the Millsboro bypass, which is under construction, after county council rejected its request for a conditional use needed to continue operating at a site near Oak Orchard.

A large group of neighbors objected during a Dec. 10 county council public hearing to Toney Floyd Trucking’s request to continue using a 2-acre site near Oak Orchard for its driveway paving business.

They said the noise and dust disturbed residents of homes in the Peninsula Lakes development that was growing when the trucking company moved nearby in 2022. 

After the county rejected its plan Dec. 17, the company sought approval to relocate to the Millsboro site. Plans call for construction of a  building no larger than 40-by-80-feet and a fence along side and rear property lines.

“Having visited the site, it seems like it’s much better suited for the type of business,” said Commissioner Holly Wingate at the April 16 meeting.

No comments were offered before or during the April 2 P&Z commission public hearing on the request.

A petition signed by many neighbors of the Millsboro site supporting the project was submitted before the April 16 commission meeting. County council will consider granting final approval at a future meeting.

A plan by Stockley Materials LLC to expand operations at its borrow pit site near Georgetown brought lengthy criticism during a separate public hearing April 16. Stockley also offers landscaping services from other locations in Sussex County.

Stockley Materials requested conditional use of land in an AR-1 zone to bring materials from construction projects it works on to the property, where it would filter soil, and grind stumps and other vegetation to create mulch and biomass. The materials would be resold from other Stockley locations. The new operation would occupy 6 acres of the 82.3-acre property.

The company’s lawyer, David Hutt, outlined the project, noting it would be a natural expansion of the business activity at the site. Hours of operation would remain the same, no concrete or asphalt would be accepted, and a 30-foot vegetative buffer would be created, Hutt said.

“I think there’s been a lot of misconceptions about how the site was going to be used,” Hutt said.  

He noted no correspondence opposing the plan was submitted before the meeting, and he offered 26 letters from people backing the project. Those would be the last expressions of support offered at the meeting, as neighbors took to the podium to complain about current conditions at the borrow pit site and share concerns about proposed expansion.

“I would like you to not even consider accepting this,” said Garry Thomsen of Cedar Lane, who lives five houses from the site entrance off his road.

Thomsen said neighbors have appealed to the business owner and the county for help, but problems have continued. He said the company does not abide by many of the 21 conditions established when the existing operation was approved in 2009.

“There have been complaints for years,” Thomsen said. “They’ve been not following the rules and regulations set by you people for years.”

He said he worries that the expanded activities at the site would increase noise and dust that carry offsite. Three residents of Black Creek Cove off Peterkins Road complained about lots of dust from the borrow pit site and lack of a buffer.

“I can tell you that I’m very disturbed to hear what you’re saying,” Commission Chair Robert Wheatley said. “And we’re certainly going to follow up on it. That’s our job. Enforcement in Sussex County is complaint-driven. Your complaint today in this meeting has been heard loud and clear by people who can do something about it.”

“I imagine that may be a condition of approval on this as well, just to make sure the current requirements are complied with before any new site plan is approved,” Deputy County Attorney Vince Robertson said. “I can assure you that, based on the statements you’ve made to the commission here in public today, that staff’s going to go out and investigate all of that.”

“We need to verify that they are in compliance with the existing conditional use before we would grant another one, I would hope,” said Commissioner Scott Collins at the end of the meeting as the group considered how to proceed.

Stockley Materials could not be reached for comment April 23.

The commission delayed action and left the record open while county staff investigates whether the company complies with the rules placed on the existing conditional use.

If remediation is needed, that could become part of any approval, if it is granted, Wheatley said. The matter will be brought back for discussion and action at a future meeting, and another public hearing may be required.