Sussex County Council voted to approve a conditional use for F & N Vasquez Concrete LLC to operate a concrete and masonry business, including aggregate recycling and crushing operations, on a 32.95‑acre parcel off Greentop Road, adopting planning commission recommendations with council amendments on materials and operating hours.

The council amended the planning commission’s recommended conditions to add specific reference to asphalt (“asphaltic concrete (asphalt)”), to explicitly permit related structures such as a scale and scale house, and to set delivery hours to 7 a.m.‑7 p.m. Monday through Friday and 7 a.m.‑2 p.m. on Saturday with no deliveries allowed on Sunday. Councilman McCarran moved the amendment and council approved it before taking the final vote; council later approved the conditional use as amended.

Attorney David Hutt, representing F & N Vasquez Concrete LLC, described the site as an approximately 32.95‑acre parcel with a long history of borrow‑pit activity and past conditional‑use designation. Hutt said the site’s concrete product had previously “met all the standards to be used as a base material,” referencing DelDOT approval when the operation was active earlier. He said the operation would include concrete and asphalt processing and crushing, topsoil screening, storage of processed materials for retail sale (millings, crushed concrete and stone), and general office space and accessory structures including a scale and scale house.

Hutt and the applicant presented engineering and mitigation details aimed at addressing noise and dust concerns. The application identifies a Rubble Master RM90GO compact impact crusher; the manufacturer material in the record and a retained certified industrial hygienist reported that the crusher’s internal sprays and noise controls reduce dust and sound, with manufacturer data showing noise levels dropping to about 55 decibels at 40‑45 feet from the machine. The applicant proffered that the crusher would be located no closer than 250 feet from property lines, and the record shows the nearest residence across the railroad and berm is about 750 feet from the proposed crusher location and other nearby houses are approximately 1,100 feet away.

Hutt and the applicant also noted the site’s natural buffering (earthen berms and wooded wetlands adjacent to Cedar Creek) and proposed a 50‑foot wetland setback. A DelDOT service‑level evaluation in the record characterized the site’s traffic impact as “negligible” (DelDOT’s defined threshold: fewer than 50 vehicle trips in an hour and fewer than 500 vehicle trips per day). The application included responses from Sussex County departments, state agencies including the state fire marshal and DNREC, and other technical reviewers, and the planning and zoning commission recommended approval with 15 conditions.

Supporters at the hearing included Mark Shepherd, a construction manager at Adel Construction, who said the facility’s location is advantageous for local projects and helps keep recycled millings and crushed material available to contractors. Shepherd said, “It's in a great location. It's in the middle of 113 And 1.” The applicant and the planning commission also submitted letters of support from companies that rely on recycled aggregate materials.

Councilman McCarran made the motion to amend the conditions to add asphaltic concrete wording, to allow “related structures, e.g., scale, scale house, storage structures,” and to change delivery hours; Councilman Riley seconded the amendment. After approving the amendment, Councilman McCarran moved to adopt the conditional use as amended; Councilman Lloyd seconded, and the council approved the conditional use by a unanimous vote. The short title as amended describes the project as an ordinance granting conditional use for a concrete and masonry business with construction‑industry retail sales, general office space and aggregate recycling, including crushing operations, on the described parcel.

The approval is subject to the conditions adopted by the planning and zoning commission and the council’s amendments. Next steps for the project include final site plan approval, any necessary DNREC permits (for air quality, fuel storage and stormwater), and building and operating permits before full‑scale crushing and retail operations begin.