On Tuesday, the Madison County Board of Zoning Appeals will consider a special use for a confined animal feeding operation (CAFO) between Lapel and Frankton.

Representatives of Simmermon Farms Inc. have requested the special use for 366 1/2 acres on the south side of County Road 300 North between County Road 600 West and County Road 700 West in Jackson Township. The property is zoned agricultural.

“What they’re doing is somewhat different from what we saw before,” said board member William Hobbs. “He’s replacing a building that already existed and the net gain of hogs for that is 40 or 50. It’s not substantial by any means.”

In July, the BZA approved Rick Jarrett’s request for a special-use exemption to create a 4,000-hog CAFO near Elwood. The matter first came before the board in May, but was delayed by legal challenges from vocal opponents including a group called Elwood Concerned Citizens.

A telephone message left for John Simmermon was not returned Friday.

It remains unclear how the request relates to recent action by the Madison County Board of Commissioners.

On Sept. 19, the Board of Commissioners approved a request for the rezoning of 202 acres on the southwest corner of County Road 925 West and County Road 100 South in Stony Creek Township, also under the name of Simmermon. Although the entire parcel will be used for the operation, Madison County Planning Commission Executive Director Michael Hershman urged the owners to request more than necessary.

“That was my initiative,” Hershman said. “I said if they have any future plans, now is the time to go ahead with that. Don’t just go ahead with what’s in front of you.”

Hershman mentioned the planned CAFO in his recommendation, but County Commissioner John Richwine, R-North District, emphasized that the board can approve zoning, but not such a usage.

“We’re not voting on the special use. It has no bearing on the change of zoning today and it should not have been included in the recommendation,” said Richwine. “It has to come as a special use through the BZA.”

Hobbs said the Simmermon operation will raise hogs from birth, unlike the Jarrett Farms Inc., which brings in young pigs and feeds them to maturity.

“Some of the differences in this are, it’s an existing facility that’s been there for probably 30 or 40 years,” Hobbs said. “The location is substantial, it’s a half-mile off the road and has virtually no residential nearby, at all. We’re not really anticipating a lot of controversy.”

County Commissioner Paul Wilson, D-South District, said Simmermon has encountered no objections from school or elected officials.

“In regard to the 2002 rezoning for CR, the owner did not file to have the full parcel rezoned to ag,” Wilson said. “All the neighbors have been contacted. The superintendent of the school corporation and the town council president in Lapel did not object.”

Superintendent of Frankton-Lapel Community Schools Ned Speicher and Lapel Town Council President Lynn Wainscott could not be reached for comment.