Lewes-area contractor seeks county approval after 12 years

Joseph Mocci of Lewes has been operating an excavating/contracting business on a 4-acre parcel along Wil King Road for the past 12 years in violation of county zoning that prohibits commercial businesses in a general residential zoning district.

Now he is attempting to secure a conditional use to continue operation of Joseph R. Mocci Co. Inc. During a July 14 public hearing in front of the planning and zoning commission, Mocci got an earful from his neighbors as they complained about excessive noise, large trucks and even a barking dog. Some nearby residents said they have been awakened by truck noise before 6 a.m., which Mocci said was impossible because he is not there at that time.

Planning and zoning commissioners deferred on a decision at the July 14 hearing. Sussex County Council has scheduled a hearing for 1:30 p.m. Tuesday, Aug. 2.

Traditionally at planning and zoning hearings, the applicant speaks first followed by the public without a chance for rebuttal unless commissioners seek more information. Mocci had a rare chance to answer some of the complaints when commissioner Mike Johnson called him back to the podium to clarify Mocci’s hours of operation. He said he had passed Mocci’s business on many occasions and never doubted he wasn’t in compliance with county code.

Mocci said it must be television that is keeping people up because he starts work between 7:15 and 7:30 a.m. He said he can’t begin work before 8 a.m. in the high-end developments where most of his work is done. He said the only exception for starting earlier would be during a snow emergency. Normal work hours are 7 a.m. to 5 p.m., he said.

Mocci also said he has one employee and has hired subcontractors who do not report to the Wil King location. Mocci said he has no plans to change the site or his operation. “In so far as storage yards go, none could complete with mine in Sussex County,” he said. “It’s meticulous and well maintained. The buildings are landscaped and there is no loud activity. It’s a private yard and gate secured.”

He said he applied for the conditional use because of development of the Oakwood Village at Lewes community around his property. Phase 1 is under way with two more phases planned over the next eight to 10 years. Mocci said he wanted to ensure his business would be protected as development occurred. “In case someone should complain I would have the conditional use to prove I’m within my rights to do what I’m doing there,” he said.

Two people, including a nearby neighbor, spoke in support of the application. “I have no problem with it; he keeps a neat property,” said Denise Thomas. Neither Oakwood nor Chapel Green existed when Mocci started his business.

But there were many more who spoke in opposition to the request.

Jay R. Woods, who lives in nearby Chapel Green, said there is excessive noise in the early-morning hours. At one time, Mocci and his family lived at the site but have recently moved. “Living there would help to keep the noise to a minimum. I think the activities and noise will increase with him not living there. The general residential zone should be maintained,” Woods said.

Peter Blessinger, a member of the Chapel Green homeowners association board of directors, said the land use of the parcel is listed as a farm with a home site, and that is what it should remain.

William Billingham, who lives across the road from the parcel, said he assumed the zoning had been changed to allow the operation. He said some mornings the business starts before 5 a.m. “I hear the slamming of dump truck doors almost every morning,” he said.

“We had not complained prior to this because we assumed the business was legitimate,” said Gloria Leary, who lives behind the Mocci property. “The man is making a living, and we are not trying to stop that. We just want him to be mindful of his neighbors and possibly have some limitations on starting and ending times,” she said.