Marshall County BZA approves variance for two chicken barns on Grape Road with conditions after heated public comment

The Marshall County Board of Zoning Appeals on the evening of its regular meeting approved a variance to reduce the county's 1,320-foot residential setback so applicant Caleb Cawthold (identified in filings as Caleb Koffel/Cawthold) can build two 60-by-600-foot poultry barns at 3359 Grape Road, after neighbors and the Town of Bremen urged the board to deny or delay the request.

Why it matters: The project would expand an existing nearby poultry operation and neighbors said it would increase truck traffic, odors, flies and reduce the potential for future residential development in an area the town is planning to grow. The board approved the application with explicit conditions requiring regulatory permits and neighbor consents, reflecting ongoing tension between large-scale agricultural operations and adjacent communities.

Board staff said the applicant’s map and materials indicate the proposed barns would be configured similarly to an existing operation across the road and that the project would require approval from the Indiana Department of Environmental Management (IDEM) and other county permits before a building permit can issue. The staff recommended approval subject to conditions, including confirmation of required permits (including any NPDES permit), compliance with Marshall County zoning article 6 (section cited by staff), and written approvals/consents from neighbors within the county’s 1,320-foot setback area.

Applicants’ presentation: Applicant Caleb Cawthold told the board the plan would duplicate the layout of the existing barns across the street and that the new barns would be dry-bedded, with manure handled in an on-site storage area and a borrow pond/erosion controls provided. He said he had met with IDEM prior to filing and that the closest neighboring residences to the new site had signed written consents.

Neighbor concerns: Joseph Stoller, a nearby resident, questioned truck volumes and the condition of local roads, saying “every 42 days, anywhere from 30 to 35 trucks haul those birds out” and that the road and bridges in the area are not suited for heavy semi traffic. Stoller said flies and odor were already a recurring problem near the existing barns and that doubling the operation would exacerbate those issues. The Town of Bremen’s president, Anthony Wagner, testified the town opposes additional industrial-scale agriculture near the town boundary because it could “impair future use” and hinder long-term residential growth plans. Multiple written submissions from area residents and property owners were presented to the board; several were letters of support or signed waivers from neighbors within the county-required setback.

Board action and conditions: After discussion the board voted to approve the variance subject to conditions listed by staff. Those conditions include: confirmation and receipt of all required state and federal permits before issuance of local building permits (including any IDEM approvals and NPDES if applicable); written approval or consent from the neighboring properties identified as being within the county’s 1,320-foot setback area; strict compliance with Marshall County development requirements for CFO/CAFO facilities (staff cited Article 6, section 030); and any other Marshall County department requirements. The board recorded the motion and second and then the voice vote carried.

What the approval does and does not do: The board’s approval authorizes the variance from the county’s residential setback standard; it does not replace or waive separate state environmental permits or road/driveway permits. The applicant still must obtain the required IDEM/permit approvals, implement erosion and water-quality controls shown in plans, and satisfy any county conditions before construction can begin.

Next steps: The applicant and staff agreed the project still requires completion of detailed site plans, all required regulatory permits and the recording of any required easements or agreements. The board’s conditions tie the variance to final regulatory approvals and to the consents the record shows were submitted by neighboring landowners.