Residents complain about chipper noise

Residents who live close to a wood recycling operation near Bridgeville had their say during a Feb. 9 Sussex County Planning and Zoning Commission meeting.

And they agreed that if a rezoning is approved for a wood recycling operation, there must be measures taken to cut down on the noise generated by a large wood chipper. The planning and zoning commission listened, and on Feb. 23 recommended that county council deny the application.

Delaware Animal Products LLC has applied to rezone a 14-acre parcel off Redden Road from LI-1, limited industrial district, to LI-2, light industrial district. The parcel is adjacent to orchards owned by T.S. Smith & Sons not far from Route 13 in western Sussex County.

County council will have the final vote following its hearing at 1:30 p.m., Tuesday, March 14, in the county administration building.

Making the motion for denial, Commissioner Marty Ross said the current zoning would be more appropriate for the operation because manufacturing and storage would be required to be in enclosed buildings. “An enclosed building is more compatible with agricultural and residential uses in the area,” Ross said.

The business recycles waste construction materials into fine mulch for poultry houses throughout the Delmarva Peninsula. “It saves a lot of waste that would end up in landfills,” said David Hutt, the applicant's attorney.

Although the operation was given a notice of violation by the county, it has continued as the rezoning application is considered. A rezoning is being requested because outside storage is not allowed in LI-1 zoning.

Hutt said the application is unique because there is no mention in county code of mulching or recycling operations in any zoning district. He suggested officials add the uses as they rewrite the commercial zoning code and update the county’s land-use plan.

He said state environmental officials have strict regulations the company must follow, including the number of hours the chipper can be in operation.

Nearby residents expressed concern about the noise generated by the chipper.

Three Smith brothers involved with the family farm spoke during the hearing.

“The noise from the machine is terrible and can he heard anywhere on the farm; it echoes throughout the property,” said Matt Smith, president of T.S. Smith & Sons.

He said over the past few years, agritourism opportunities have grown at the farm, including a rental pavilion for special events, parties and weddings, which is near the recycling operation. “Music and conversations are null and void when the chopper is running,” he said. “We want to offer our visitors a true farm experience that is peaceful, quiet and clean.”

“I'm all for recycling, but you have to mitigate the noise,” said Charles Smith. “It's so loud, you can't hear yourself think. The noise penetrates everything.”

Tom Smith said the chipping operation has been in operation since December 2015. “They run it whenever they want. How are they able to do this?” he asked.

He said he's concerned about the impact on the family's farming operation because of the proximity to the orchards.

Jeff Smith, who is not related to the Smith brothers and lives near the parcel, said his family's quality of life has diminished since the chipping began. He said there are three sounds taking place – the constant sound of a running diesel engine; the wood being chipped; and a loud banging sound of material being dropped into the chipper. “That sounds like a cannon is going off,” he said.

Commissioner Marty Ross, who visited the site the day of the hearing, said the noise concern expressed by residents was legitimate. “How to mitigate the noise is the issue,” he said, adding the commission has to consider the impact on surrounding properties.

He said a possible solution would be to place the chipper inside a building.

Ross also noted that the question on the table was rezoning and not the wood recycling operation. “We can address the issues during the site-plan review,” he said.

During the Feb. 9 meeting, Commission Chairman Bob Wheatley commented on the violation notice for the benefit of two new commissioners. “We get this a lot when someone is engaged in an activity that is not permitted in a zoning district,” he said, adding that in the majority of cases it's done without knowledge the activity is illegal.

“We have to look at what is there and what is permitted. Zoning has a flow to it. There is a reason why we don't have intensive industrial uses next to AR land that is developed or could be developed,” he said. “This type of use and noise was never anticipated. I have a grave concern about this application.”