September 5, 2013
The Forsyth County Zoning Board of Appeals (ZBA) on Tuesday unanimously rejected a sound variance request for a Bluegrass Materials quarry, according to a report from The Forsyth County News.
The company wanted to operate its Cumming Quarry in Forsyth County, Georgia, at 75 decibels, which is 15 decibels about the maximum of 60 decibels the county code allows.
Bluegrass Materials Attorney John Kendall said a zoning change for a new residential development prompted the request.
“As the county has grown, a different zoning has come to us,” Kendall said. “All we want to do now is operate tomorrow the way we operate today.”
Residents expressed concerns about how the proposed sound variance such as property value, enforcement and nuisance.
ZBA Member Bettina Hammond suggested passing the issue to the county’s board of commissioners, noting that the code has been in place since 1987 and has not caused problems for the quarry in the past.
Hammond also replied to a previous statement from Kendall that the quarry would operate at the requested decibel level if the request is denied.
“If you’re not in compliance, which is what you’re saying, [you’re] going to be shut down,” Hammond said. “I haven’t heard anybody say you would be shut down if the county went out there.”
Bluegrass Materials has operated its Cumming Quarry in Forsyth County for 60 years.