Pike Industries is hoping the Maine Business and Consumer Court will reinstate the consent agreement regulating its quarry in Westbrook while Pike pursues the zoning amendment it needs to continue operating at its site off Spring Street.
Pike filed a motion Friday asking Justice Thomas Humphrey to give preliminary approval to the consent agreement — quickly.
The company asked for “expedited consideration” of the request “to minimize the disruption to its business that a lingering cloud of uncertainty over the status of its agreement with the City would create.”
Pike has been planning to blast four times in a two-week period starting Tuesday.
The business court approved the consent agreement in 2010. The Maine Supreme Judicial Court ruled last week that the agreement is flawed because it relies on the city to enforce restrictions on Pike’s quarrying, including limits on the number of truck trips coming from the site, hours of operation, and the noise, vibration and frequency of blasts.
The city lacks the authority to enforce those “performance standards” unless they are written into a zoning ordinance, according to the decision — issued in response to an appeal by Artel Inc. and Smiling Hill Farm, two businesses near Pike’s quarry.
The ruling allowed Pike to ask the business court for preliminary approval of the consent agreement, on the condition that it pursue an amendment to the city’s zoning.
Pike has not yet applied for a zoning amendment, but it is “preparing something,” said Sigmund Schutz, the attorney who represents Pike.
Artel’s attorney, David Bertoni, characterized the motion filed Friday as Pike trying to “take the invalid consent order and ram it through the court.”
Smiling Hill Farm President Warren Knight called it “more back-room legal maneuvering by Pike … to continue quarrying a piece of property they don’t have permits to quarry.”
Smiling Hill and Artel have repeatedly contended that they — and the rest of the public — were unfairly left out of the negotiation of the consent agreement, which was formed by city officials, Pike and neighboring Idexx Laboratories, which threatened to leave Westbrook if Pike was allowed to continue with its planned quarry expansion.
Schutz said the enforcement issue was the only fault the high court found with the agreement. He said it affirmed that the rest of it was valid and reached appropriately.
That’s also why Pike believes it has the right to continue operating its quarry without further action by the court or the city — and to go ahead with the blasting it has planned for the next two weeks.
After the supreme court ruling, Artel and Smiling Hill Farm said the consent agreement is invalid and Pike will violate zoning laws if it continues to blast rock.
Artel is appealing Pike’s blasting permit, issued by the city earlier this year, and is scheduled to appear before the city’s Zoning Board of Appeals on July 10.
Schutz said Pike plans to go ahead with its blasting, unless the city or the court orders otherwise.
City Administrator Jerre Bryant said Friday that the city is reviewing the situation and expects to decide early next week whether to allow Pike to blast.
Staff Writer Leslie Bridgers can be contacted at: 791-6364 or at
lbridgers@pressherald.com
Send questions/comments to the editors.
