ZEBULON - Road-builder S.T. Wooten is appealing a decision by the town's planning staff to deny permission to construct a permanent asphalt plant at the company's site on Barbee Street.

The company applied for permits to build the plant earlier this fall, but Planning Director Mark Hetrick denied the request, telling company officials that construction of the plant would require a special use permit.

Company officials relied on a 2001 letter from Mike Frangos, who was the town's planning director at the time, to make their case that the asphalt plant was an allowed use of the property under the town's rules.

In that letter, Frangos said it appeared that an asphalt plant would be considered a general use for the property.

But Hetrick disagreed with Frangos' interpretation. He denied Wooten's request Oct. 1.

"If the land use administrator (Hetrick) finds that the use, even though similar, has a greater impact on the surrounding area, then it can be required to get a special use permit," Hetrick said.

The company wants to build a permanent asphalt plant at the site on Barbee Street extension to serve what it expects to be a growing demand in the area for asphalt pavement.

S.T. Wooten is currently working on paving projects on U.S. 64 in eastern Wake County. Hetrick says most of the paving operations funded by the Department of Transportation require contractors to perform the bulk of their work at night, which would mean the asphalt plant's production times would be largely after dark.

"That has a greater impact on the neighbors in the area," Hetrick said. One neighboring home sits just 20 feet from the S.T. Wooten driveway.

Town officials, earlier this year, denied a rezoning request on a neighboring piece of property after the property owner asked to rezone it from residential to industrial use. Town leaders denied that request because it did not follow the guidelines in the town's comprehensive growth plan.

Lacy Reaves, a lawyer representing S.T. Wooten, said he had no comment on the appeal other than the case it made in its filings with the town.

The Zebulon Board of Adjustment will hear the appeal Dec. 17.