On Nov. 7, Windham voters will be considering the proposed changes to our mineral extraction ordinance. As a Windham resident and business owner I am deeply concerned about the consequences should this language be adopted.

As it stands now it will affect many and hurt a lot of our local and family businesses that have been in operation here for years. Though I feel there is much of this proposed language that is poorly drafted, I have chosen to talk briefly about retroactivity.

The proposed changes will apply retroactively to January 1, 2005 – even to projects already approved and operating. Our gravel pit and quarry in Windham has a closeout plan as a business park. This facility is sited in an Enterprise Zone thus an appropriate area of town for this use.

Retroactivity could apply to our facility. For instance, should sanitary sewer come to this area of Windham we could conceptually want to modify our existing as approved pit grading be it vertically or horizontally to accommodate a sanitary sewer design and therefore need to modify our existing gravel pit permit. This reapplication may trigger a new application because phasing of the business park chronologically falls behind the closeout of the gravel pit though the need for design considerations or changes need to be thought out and planned for in advance. In other words, should our closeout grading of our gravel pit have to be amended to the sewer design scenario, retroactivity could apply to us. Any modification to an existing plan could potentially trigger reapplication. Don’t let anyone tell you it will not because they will not be the ones having this conversation years down the road.

What about the perspective businesses wishing to locate in Windham – how do they view this retroactivity and its negative effects? What kind of a negative message does this send to them? They will see it as we could invest millions of dollars in a facility in Windham only to have the rules changed later – why move to Windham?

Retroactivity is just one example of many within these proposed ordinance changes drafted by a special interest group (group with special interests – their own neighborhood) in opposition to one single project. The revisions are very poorly written and will result in many unintended consequences. Ordinance changes should be thoughtfully crafted by all. If ordinance changes are necessary they should be well defined regulations that are sound, well-thought-out and protect all within our community, not just those interested in protecting their neighborhood while blatantly overlooking the entire town’s interests.

On behalf of our entire town, our families, our businesses, and landowners I am opposed to the ordinance changes and I am strongly opposed to the language as written. Anyone who takes the time to fully understand this issue should vote against the proposed mineral extraction amendments this Nov. 7.

Kenneth Grondin

R.J. Grondin & Sons, Inc.