Mocci answers critics of conditional-use application

A Wil King Road businessman seeking a conditional use to operate his excavating business in a residential area received permission from Sussex County 12 years ago to operate a home occupation.

Joseph Mocci of Lewes made it very clear during an Aug. 2 county council public hearing that he has been operating his business legally for 12 years.

Under county code, residents who conduct business in their home can receive approval from the planning and zoning director without a public hearing. The main condition is the business cannot have employees other than the owner.

“I asked the county and they approved my operation on Oct. 8, 1998,” Mocci said during hearing. “I have the letter; I’ve been totally legal for the past 12 years. I have no complaints from residents; I have a totally clean record.”

Mocci said he is the only employee of J.R. Mocci Co. Inc.

Lawrence Lank, director of planning and zoning, added Mocci was applying for a conditional use because he no longer lived at the location of his business. In addition, Mocci said, he was seeking a conditional use to protect the rights of his children so there would never be a question about what activities were permitted on his 4-acre parcel.

On July 28, planning and zoning commissioners recommended to council that they approve his application. Council voted 5-0 to defer a vote on the application to a future meeting.

Proponents said Mocci runs a clean operation that is respectful of the neighborhood. Opponents said approval of the application would set a precedent for future commercial growth in a residential area.

Mocci: Business is considerate of neighbors

Mocci spoke for more than 20 minutes during the council’s public hearing, answering those who opposed his application and giving council an insight into his business.

People who spoke out against his application during the planning and zoning hearing took him by surprise. “I came into the meeting honest and laid back, and I was never so taken back in my life from the comments and accusations made about me. They are unfounded accusations,” he said.

Mocci said he has downsized his business, and currently uses two pieces of equipment most of the time – a dump truck and service truck. He said he is restricted to the hours he can work on most jobs because of homeowners associations, who curtail construction hours in many area developments. His typical workday is from 7 a.m. to 5 p.m. except during snow emergencies when he provides plowing services in the area.

He said the truck traffic people are complaining about early in the morning is chicken haulers returning from New York. “I was aware they were there first,” he said.

He said his trucks are no louder than school buses or garbage trucks. He said he uses subcontractors who report directly to the job site and not the Wil King Road location.  All maintenance is done inside his shop with the doors closed and he takes pride in maintaining his property, Mocci said. He also said his property is always gated and secured.

“Nothing has changed over 12 years. My business has been considerate of my neighbors,” Mocci said.

Nearly a dozen people testified in support of Mocci’s application refuting previous testimony about excessive noise and heavy truck traffic.

“When this man tells you something, you can take it to the bank,” said Lewis Means of Georgetown.

Ken Dabbs, who lives in nearby Conley Chapel Village, said he was worked for and with Mocci. “He’s already proved himself that he operates in a professional manner. This seems to be more of a personal vendetta against him,” he said.

Rick and Diane Delduco, residents of Chapel Green, which is across the road from Mocci’s operation, said they have never heard any noise. “We couldn’t ask for a better neighbor,” Rick said.

“I can honestly say I have never heard any noise from him. We need more people like him,” said Diane.

Roy Perdue, who lives directly across from Mocci’s driveway, said he was concerned about traffic when he was making a decision to move to the area. “I came to his property early in the morning and saw that he crawls out of his property and then has to stop and close the gate. He can’t zoom out,” he said.

Residents question commercial use of land

Most of the same opponents who spoke during the planning and zoning hearing also testified during council’s hearing. They complained about noise and questioned if a commercial operation was an appropriate use of land in a residential area.

“There are plenty of places zoned business, and that’s where this should be,” said Robert Frost, past president of the Chapel Green Homeowners Association. “If this is approved, it’s a breach of faith between the residents and Sussex County. County council must address this because a precedent would be set.”

Frost reminded council they denied a conditional-use application for an auto repair shop less than one-half mile from Mocci’s operation.

Ann Conlon, a Chapel Green board member, said the area was zoned for single- family homes and agricultural uses. “This is at odds with the county’s land-use plan,” she said.

Another Chapel Green resident, Jay Robert Woods, said he was concerned that Mocci no longer lived on the property. He said conditions could get worse and residents would have no recourse.

Others disputed what Mocci and his supporters said concerning noise and hours of operation. “I’ve heard noise many, many times before 6 a.m.,” said Victoria Gillingham of Chapel Green.