One of the two Westbrook businesses that sued to end blasting at Pike Industries’ Spring Street quarry sent a letter Monday to city officials, asking them to prohibit Pike from blasting or engaging in any quarrying activity until the drawn-out legal battle is settled.
Pike officials said they believe they have the right to continue quarrying operations, including blasting scheduled for two to three weeks from now, but will respect the city’s decision.
Last week, the Maine Supreme Judicial Court rejected part of a 2010 consent agreement between the city and Pike that allowed the company to blast a certain number of times per year under certain conditions. Smiling Hill Farm and Artel Inc., a manufacturer of scientific equipment that must idle operations when Pike blasts, had challenged that deal.
On Monday, Artel sent a letter to the city asking them “to direct Pike to cease and desist in all further quarrying activities.” Pike officials said they believe they can continue because the city has already issued a permit for blasting through December.
“We’re going to listen to the community and we’re going to act quickly to file for a revised consent decree,” said Tony Buxton, an attorney representing Pike.
As of late Monday afternoon, Westbrook officials had not responded to requests for comment. Natalie Burns, the city’s attorney, said last week that the city needed time to review the supreme court decision and decide whether blasting and other operations can continue before the zoning issues have been resolved.
The supreme court sent the case back to the Maine Business and Consumer Court for additional review, but Artel isn’t taking any chances. On Friday the firm filed an appeal with the city’s zoning board of appeals claiming that the supreme court’s decision rendered the blasting permit invalid. That appeal is expected to be heard at the board’s next meeting on July 10.
David Bertoni, an attorney representing Artel, said his client is prepared to take the matter to court if the city does not intervene.
“We hope that doesn’t happen,” he said. “We’d like to save everyone some time and money here.”
The consent agreement in question was first approved by the Maine Business and Consumer Court in 2010. One neighbor, Idexx Laboratories, that had initially objected to Pike’s operation, participated in the agreement in large part because Idexx threatened to move out of town if the city didn’t act. Others, such as Artel and Smiling Hill Farm, claimed the deal was illegal and challenged it.
The supreme court ruling concluded that the agreement was valid because quarrying was a grandfathered use on the Pike property, but it also said the city had no authority to enforce performance standards such as noise and vibration limits on Pike’s operations unless the standards were contained in city zoning ordinances.
Pike must now apply for a zoning change, which will be renegotiated publicly before the Planning Board and City Council.
Staff Writer Eric Russell can be contacted at 791-6344 or at: erussell@mainetoday.com
Send questions/comments to the editors.
