MIDDLESEX TWP — Endless Summer Supply will no longer be able to process mulch at its location along Route 8 following a decision by the township's zoning board.

The board decided Thursday against an appeal by business owner Kory Wood in a public hearing that lasted more than two hours.

Wood, 26, appealed to the township after receiving a cease-and-desist order July 19 regarding his company's processing of mulch.

Wood's business is in a C2 district, which permits community-scale commercial properties. Wood sells mulch and other landscaping materials retail.

“We believe the order was issued in error,” said Andrew Jenkins, Wood's attorney. “A decision to rescind the order is the only appropriate result of tonight's hearing.”

Citing a letter issued by former township Supervisor Eric Kaunert in 2015, Jenkins told the board Wood was notified by the township his business would be considered a garden center.

According to township attorney John Bench, mulch manufacturing does not fall under the permitted use of a garden center.

“Mr. Wood has substantially exceeded the use of (his property),” said Bench, arguing that manufacturing isn't permitted in a C2 district.

Wood told the board he has been working in landscaping since age 12.After earning a degree in business from Butler County Community College, Wood invested in United Landscape Supply in Penn Township. The company primarily did landscaping. He said the business eventually processed mulch.In December 2015, Wood moved his business to a larger property.Wood was leasing two acres in Penn Township for the business. An 11-acre property for sale in Middlesex was more attractive.“It's a booming community,” Wood said. “I want to keep my business here.”Before he bought the property, Wood said he talked to Kaunert about the circumstances of his business.“(I said), 'Well, let's get something in writing before I invest this money,'” Wood said.According to Wood, Kaunert asked Wood to lay out his plan for his business in a letter. Wood provided a letter that included the fact he would process mulch on-site.“He would deem me as a garden center,” Wood said, referencing Kaunert's response to his letter. “And based on the narrative ... a garden center is an approved business for C2.”“Did you do anything in reliance on the township's letter?” Jenkins asked.“Yeah. I spent $280,000 on a piece of property,” Wood said.Wood estimates he has roughly $600,000 invested in Endless Summer.

Wood has a tub grinder on his Middlesex property, which he uses to process wood waste — such as shrub trimmings — into mulch. He said he used the same grinder at United Landscape in Penn Township.“It's the smallest tub grinder that you can get,” Wood said.He explained he processes four types of mulch in Middlesex and sells 10. The four types manufactured at Endless Summer use local wood waste delivered by customers or brought in by Wood.Zoning board member Brendan Ryan asked why Wood processes just four of 10 mulches. Wood said the four mulches are more economical to produce.“(It's a) low-cost, high-volume material,” Wood said. “The other six are harder to ... process.”Wood estimates his tub grinder processes 100 to 150 cubic yards per hour. A timer on the grinder recorded that Wood used it for 49 hours — 36 of which were for retail purposes — in 2018.Dying is part of the mulch manufacturing process. Wood said the state's Department of Environmental Protection inspected Endless Summer in 2018 after receiving a complaint Wood was dying mulch late at night.Wood said Endless Summer wasn't processing on-site when the complaint was filed. When it began dying mulch in April, Wood said he contacted the DEP.“They essentially said they don't get involved in the retail processing of mulch,” Wood said. “Because it's too small.”Wood said he had a chemist test water near the manufacturing site and that the food coloring used to dye mulch didn't affect the area.

Township manager Travis Cavanaugh testified at the hearing that Endless Summer is in a C2 zone, and that manufacturing is not permitted there.“The purpose of this district is to provide for retail and service facilities (that) serve the needs of the general community,” Cavanaugh said, citing township code. “And which are located in high-volume traffic corridors.”The township's definition of garden center, Cavanaugh said, does not include product manufacturing. Bench argued that according to code, Endless Summer would more appropriately fit in a restricted industrial zone.Wood said he was told by Kaunert that Endless Summer was classified as a garden center.“I did not say, 'I want to be a garden center,'” Wood said.Responding to questions from Jenkins, Cavanaugh told the zoning board he didn't write the letter that classified Endless Summer.Jenkins asked Cavanaugh if the letter from the township told Wood his business would be a garden center. Cavanaugh said it did.Bench asked Penn Township land use administrator Clinton Bonetti to testify about Wood's business in Penn Township.Bonetti said he never saw a tub grinder in use at United Landscape. According to Bonetti, Wood wouldn't have been allowed to process mulch in Penn Township.Bench asked Bonetti if he ever observed shredding or mulching on-site, while Jenkins inquired whether he was at United Landscape Supply every day. Bonetti answered “no” to both questions.

Gene Ritz lives near Endless Summer and said he has no problem with Wood.“I've dealt with Kory,” Ritz said. “But I got to say ... it smells there, it's dusty sometimes, it's loud.”The Ritzes told the Eagle they are trying to sell their home. They believe they haven't gotten offers because of their proximity to Endless Summer.Charlene Ott, who has used Wood's services, argued the fault lies with the township — and not Wood.“If I were a businessman or woman, I could not trust Middlesex Township,” Ott said. “If somebody didn't do their homework, that's not his fault.”After a brief executive session, zoning board members voted against Wood's appeal, preventing Endless Summer from processing mulch on-site.Wood did not comment after the hearing.