By GRACE GREEN
grace@readthereporter.com
One Westfield homeowner is raising concerns about noise, debris, and possible safety hazards coming from a neighboring commercial business. City officials say the business has been in operation since long before homes were built around it and is not in any violation of city codes or ordinances.
This situation raises questions about zoning conflicts between residential and commercial areas, about balancing economic activity with residents’ well-being, about the lack of clear noise ordinances, and about the city’s growth affecting long-term businesses and property owners.
Quality of life
Homeowner Jeff Kirk has lived in Westfield for 13 years and says he had no issues with the property until 2018. The business he lives next to is Indiana Structural Foundations (formerly Pettijohn & Sons), 14939 Ditch Road, Westfield.
Despite the properties being separated by a privacy fence, Kirk says the business’s operations negatively affect his daily life. According to Kirk, the business begins its operation as early as 6 a.m. and continues until 7 p.m.
“The noise that they generate is unbelievable,” Kirk said. “This time of year, it starts at about 6 in the morning, goes till about 7 in the evening, Monday through Friday, and occasionally Saturday.”
An agreement signed by the Westfield Director of Economic and Community Development and by Indiana Structural Foundations Owner Jeff Kelich states that there should be no beepers on trucks backing up before 7:30 a.m. or after 6 p.m., with exceptions to be communicated to the President of the Centennial Homeowners Association, Inc. in advance.
That agreement also reads that the business owner must “Send emails to President of the Centennial Homeowners Association, Inc 48 hours in advance of heavy activity days on the property that would create disruptive noise.”
You can read the entire agreement at tinyurl.com/KelichAgreement.
Kirk attributed the noise to numerous large trucks on the property which generate “painful” levels of noise. Kirk bought a decibel (dB) meter to measure the noise on the property, claiming it reaches 140 dB – a level he says is dangerous to hearing. The trucks also have OSHA-mandated backup beepers, which are not painfully loud, but which Kirk said he finds disruptive when they are operating in early mornings and late evenings.
Kirk told The Reporter he made complaints to several city officials, including City Councilman Patrick Tamm, Mayor Scott Willis, and the Westfield Police Department. According to Kirk, the city told him the noise ordinance was unenforceable due to it being ambiguous regarding sound.
Westfield Mayor Scott Willis told The Reporter there is no ordinance to enforce.
“There’s no such thing in Westfield,” Mayor Willis said. “We don’t have an ordinance for sound that says, if it goes above a certain decibel, it’s in violation. It doesn’t exist in Westfield. All we require around noise is that the noise coming out of that property is appropriate for the business use that was approved.”
Calling the police
Willis told Kirk to call Westfield Police if the business was operating outside of approved hours or any other enforceable violation was taking place.
“I did file a complaint with the Westfield Police,” Kirk said. “I explained to [the officer] what the issue was. He told me the case number he was going to assign this to, and he said, ‘Whenever this happens, just call in, reference this case number.’ I did contact the mayor the next day, and told him that I’d filed a police report [and gave him the] police report number. I said, ‘There, it’s on file. I’ve done what you suggested.’”
After that initial report, Kirk has not called the police again.
“When we met with the resident back in February, we told him if there were any violations moving forward to call the police or Community Development and we will send an inspector out to investigate,” Willis said. “Since that conversation, there have been no calls into either department. Again, if he’s doing something wrong, like operating outside of approved hours, the city has ways to enforce this.”
Someone will move
Kirk claims the business was not operating when he bought his home in 2012.
“When I bought my house, the lot behind us wasn’t vacant but it was a closed-up business that had been a concrete construction company, and it had probably been closed for six or eight years,” Kirk said.
According to both business owner Jeff Kelich and the City of Westfield, the business has operated in some capacity since the 1970s.
“That business was granted a variance in June of 1979, and it has been continually operating as it is since that time period,” Willis said.
Kirk said the situation has pushed him to consider leaving the neighborhood altogether due to the issue not being resolved.
“I’m tired of it. I’ve lived here 13 years, and the first six were great. Since 2018, not so much,” Kirk said. “I don’t really want to move, but I am giving some serious consideration to selling my house.”
In response to Kirk’s concerns, Willis acknowledged the situation and said both the city and Kelich are actively working to find a resolution, though it will take time.
“We’re working diligently to try to find a compromise,” Willis said. “I can tell you, the owner, Mr. Kelich is interested in finding a solution, but we just can’t snap our fingers and move businesses overnight.”
It could be a few years before any potential move happens.