Peninsula Lakes residents say no to business

A couple planning to use their property to operate a dirt and gravel storage and hauling business ran into a buzzsaw of opposition during a public hearing at the Jan. 3 Sussex County Planning & Zoning Commission meeting.

Toney and Charletta Floyd have filed a conditional-use application to operate the business on a 2.3-acre parcel at 32404 Hershel Davis Road off Oak Orchard Road.

A petition with 500 signatures in opposition to the application is on file, and commission chambers were filled with residents in opposition who live in the nearby Peninsula Lakes subdivision.

Following the hearing, the commission voted to defer a vote to a future agenda.

Sussex County Council will have a hearing on the application at 1:30 p.m., Tuesday, Feb. 20.

In business since 1999

Charletta told commissioners that her husband has operated the business since 1999 and moved to the new site two years ago after they inherited the land.

She said they have six dump trucks and other work equipment, along with storage of stone and dirt on the site. Repair work and maintenance on trucks is done inside a shop building. She said five employees make local deliveries to supply contractors with dirt and gravel. Hours of operation are 6:30 a.m. to 6:30 p.m., Monday through Friday, and 8 a.m. to 5 p.m., Saturday.

She said there is no crushing or mulching taking place. Over the past two years, the property has been cleared, with woods cut down and burned. A paved access road has also been added.

Originally, a minor subdivision plan with two lots had been filed with the county. In April 2023, the couple filed a conditional-use application and continued to use the property for their business. After a complaint, a notice of violation was issued by the county in October 2023, which noted that some work was being conducted off the 2.3-acre parcel.

Assistant county attorney Vince Robertson said an aerial view of the property shows stockpiles of dirt on an adjacent property.

Wheatley noted that is a violation of the proposed conditional use.

Among the equipment on the site is a gravel sifter/shaker. Robertson said they can't operate the machine because it was not noted on the conditional-use application.

A compromise?

Commissioner Brian Butler said he would like to reach a compromise to alleviate some of the neighbors' concerns.

He noted that the 6:30 a.m. start time was problematic for area residents because of noise generated by trucks.

“Is 6:30 too early?” he asked the Floyds. “Are you willing to change hours to be considerate to your neighbors?”

He also asked if it would be possible for trucks to be loaded the night before and not in the morning.

Charletta said they would be willing to change the hours. “We want to do what is right. We don't want neighbors to be unhappy,” she said.

“I'm looking at the protests and would like to make the public feel better about the situation,” Butler said.

In testimony, Peninsula Lakes spokesman Bob Verdugo said the residents do not want the business at that location.

Verdugo said the subdivision's board of directors is on record against the application. “It’s been known to run seven days a week and is not supported by the county's comprehensive plan,” he said. “There are no type of commercial businesses like this in the area.”

He said the operation is visible from Peninsula Lakes and is adjacent to the community's nature trail.

Verdugo said there are materials stored on the site, and residents are concerned about encroachment into Emily's Gut stream.

“There is no buffer to protect runoff leaving the site,” he added. “We are concerned about potential contamination.”

Butler asked Verdugo if he sees a remedy and whether the community would be willing to work with the couple.

“That's a hard no at this point,” he responded. “This belongs in a light industrial zone. We want them to be successful in their business, but not by doing their business in our backyards.”

Noise an issue

Gary Weeks, also representing the community, said noise is an issue, with diesel engines generating 100 to 115 decibels and truck backup alarms generating 112 decibels.

He said according to the Guinness Book of World Records, the loudest concert in history was by the rock group Deep Purple at 117 decibels. “It would be like Deep Purple playing in our backyards,” Weeks said.

“We can't enjoy our patios and decks,” he added.

Weeks said residents are fearful if the application is approved, the business could grow to include more trucks. “Home values will plummet, and there is a potential loss of millions of dollars. We are also worried abut future health issues,” he said.