Board approves use variance for soil-mixing business at 2528 Atco Avenue

The Middletown Board of Zoning Appeals approved a use variance Wednesday allowing a soil-mixing and bagging business to operate at 2528 Atco Avenue.

City planning staff presented the application by Eric Hickerson, who requested a variance from the Middletown Development Code’s list of principally permitted uses to allow indoor manufacturing and production in the city’s B-3 General Business District. Planning staff noted the code prohibits “indoor manufacturing and production” in B-3 and described the parcel as roughly 0.5 acres with existing three-phase electric service that previously supported manufacturing at the site, though the most recent zoning certificate listed warehousing use.

Hickerson, who identified himself at the hearing as the applicant, described the proposed operation as receiving premanufactured soil inputs and mixing them on-site in enclosed mixers before bagging the product for retail sale. He said he would not perform composting on-site and that inputs would be purchased from compost producers rather than produced on location. “I’m Eric Hickerson. I’m the applicant,” he said when sworn. He described the operation as akin to an assembly and packaging process rather than full-scale manufacturing and said noise, odor and vibration would be contained inside the building.

Board members questioned whether the use more closely resembled distribution or assembly than manufacturing. Several members said the operation appeared unobtrusive and might be better characterized as a distribution/assembly use, which is permitted in the district with conditions. The board discussed whether the property’s prior uses and three-phase power supported Hickerson’s case that the location is uniquely suited to the proposed activity.

After discussion, a board member moved to approve the variance citing the review criteria. The motion passed on a roll-call vote: David Cash — yes; Stefan Wanamaker — yes; Gary Gross — yes; Thomas Evans — yes; Jerry Heidenreich — yes; AJ Mintel — yes.

The approval allows Hickerson to proceed with the indoor mixing and bagging operation at 2528 Atco Avenue under the conditions and appeals processes set out in the staff packet. The staff report and legal notice requirements were part of the record; staff said no public comments had been received by the time of the hearing.

The board did not set additional conditions in its motion beyond citing the variance criteria. If operational details (for example, equipment that could cause odors or noise) change, Hickerson may need to work with city staff to confirm compliance and any required permits or inspections.

The action resolves variance case number 2225 and was recorded in the meeting minutes for the Board of Zoning Appeals.