Noblesville zoning board approves gravel pit application over residents' objections

The Noblesville Zoning Board of Appeals on Monday approved a plan for a gravel pit operation next to a subdivision despite vigorous objections from residents who said noise, dirt and truck traffic will be a threat to their health and decrease their property values.

By a 3-2 vote, the BZA approved a zoning variance that permits Beaver Materials to dig the pit on 68 acres of farmland northwest of the intersection of 161st Street and Cherry Tree Road. Opponents have the option of appealing the decision to the Hamilton County Circuit but otherwise, the BZA ruling is final with no action needed by the City Council.

BZA Chairman Mike Field was the only board member to speak and only briefly. He said he read hundreds of pages of submitted letters and reports from foes and wasn’t persuaded.

“I didn’t see anything that contradicted staff’s original recommendation,” Field said before calling the vote.

Residents, however, question whether the board took their data seriously.

“I am ticked, it’s like they didn’t read anything’s we wrote,” said Peggy Kasprak.

Beaver Construction owner Chris Beaver said afterward he was pleased with the vote, but "surprised and shocked" by the intensity of the opposition, especially because he has other operations in the area.

The excavation next to the Cherry Tree Meadows neighborhood is expected last 10 years and operate six days a week, with trucks digging and hauling gravel to be used as building materials.

Dozens of sign-carrying residents voiced their objection to the gravel pit before the meeting at Noblesville City Hall.

“Our quality of life will be dramatically changed,” said Judy Neidlinger, 81, a resident of 18 years at Cherry Tree Meadows. “A lot of us here are older and we were prepared to live out our life peacefully. Now we are facing the prospect of dusty air and noise every day and truck traffic non-stop for 10 years.”

Richard Nolan, 66, moved to Cherry Tree Meadows 2 ½ years ago with his wife, Marcie, and said he felt duped by the city because he assumed it was unfathomable that an industrial operation was even allowable next to residences.

Demonstrators hold protest signs Monday, Oct. 2, 2023, before a Noblesville Zoning Board of Appeals meeting at Noblesville City Hall. Residents have been protesting in opposition to a gravel pit that Beaver Materials wants to build on 68 acres of farmland northwest of 161st Street and Cherry Tree Road.
Demonstrators hold protest signs Monday, Oct. 2, 2023, before a Noblesville Zoning Board of Appeals meeting at Noblesville City Hall. Residents have been protesting in opposition to a gravel pit that Beaver Materials wants to build on 68 acres of farmland northwest of 161st Street and Cherry Tree Road.

“It’s not like this is a commercial development or another residential — and it isn't construction for just a couple years,” he said. “Anyone can see this is heavy industry. This is the type of thing that should be way out in rural areas.”

Nolan and others said granting the variance sets a bad precedent and make all Noblesville homeowners question whether they were safe from industrial encroachment.

Company founder, Allyn Beaver, 84, said the board “made the right decision” and simply finding another location wasn't an option.

"Aggregate (gravel) is necessary for construction and you can’t get it from anywhere,” he said. “You have to get it where Mother Nature put it.”

Beaver plans to build natural berms to block noise and dust, and water down the sand to prevent dust from blowing during operations. Company officials said the digging won't touch ground water and there was no threat to the drinking water supply. Beaver also submitted a study it commissioned that found that home values are not hurt by its gravel operations.

Cherry Tree Meadows is just north of the site and directly to the west are fields for the Hoosier Futbol Club and Spencer Farms Winery. A little farther to the west is Trinity Sports Park.

But the sits also is near other mining operations owned by Beaver and Martin Marietta to the east of Cherry Tree Road and bordering Allisonville Road, which is one reason BZA staff recommended the project move forward.

Opponents said the harm reduction guarantees made by Beaver amount to vague assertions with a lack of data to back them up. And said there was no system in place to ensure they are enforced.

The White River Alliance and the Hoosier Environmental Club both urged the BZA to conduct more studies on the environmental impact before issuing a variance.

“Given that the aggregate (gravel) intended to be taken from this site is readily available from other areas, it seems short-sighted economically that such a prime resource location would be lost without further study of how this area would best suit the City of Noblesville and Hamilton County’s citizens,” White River Alliance Executive Director Jill Hoffman wrote in an email to the city.

Susie McGovern, of the HEC, wrote to the city that “mining is one of the most significant land-altering forces on the planet, contributing heavily to environmental issues such as climate change, habitat loss, and water pollution.”

The BZA staff found that the new Beaver project met five conditions required for a change in zoning from low-density residential to one that allows excavation of minerals, sand and gravel.

P.J. Adams holds a protest sign Monday, Oct. 2, 2023, before a Noblesville Zoning Board of Appeals meeting at Noblesville City Hall. Adams was among residents protesting a gravel pit that Beaver Materials wants to build northwest of 161st Street and Cherry Tree Road. "This is the first time I've ever protested anything," Adams said. "This is so horrible." Adams said she worries about the dust and noise affecting children and elderly people who live in the adjacent development.

One of the requirements is that the “ approval will not be injurious to the public health, safety, morals, and general welfare of the community.”

The BZA also noted that other homes near Beaver operations in the area did not suffer a decrease in value and said that locations for the gravel the business needed is limited.

The residents said it was too early to say if they would appeal to the courts but hinted they would.

“We fully expected this and we weren’t just in it for the battle for the long haul,” Cherry Tree Meadows resident Sidney Gail King said.

It was the second time in three years, a Beaver gravel excavation project was opposed by nearby residents. Beaver wanted to dig on 50 acres over five years at Potter's Bridge Park but the City Council voted against it.

Call IndyStar reporter John Tuohy at (317) 444-6418. Follow on X/Twitter and Facebook.

This article originally appeared on Indianapolis Star: Noblesville zoning board approves Beaver Materials gravel pit