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The Windham Town Council will in two weeks begin final deliberations on a quarry application from local developer Peter Busque.

The council will again take up the review of Busque’s application for a 55-acre quarry on 160 acres of land near Nash Road and Route 302 Tuesday, Aug. 26. They will move point-by-point through Windham’s mineral extraction ordinance and vote up-or-down on each item. The application must meet each of the ordinance’s 17 items, which deal with aspects of the quarry operation like noise and vibration levels, hours of operation, and safe exits.

Much of the debate during the deliberation is likely to center around each councilor’s interpretation of the more vague aspects of the ordinance. While sound levels and quarry depth are measurable and defined in the ordinance, there is no set standard for vibration levels besides what is “discernible without the aid of instruments.”

The Planning Board, in approving the application, used the state standard for vibration levels. But the Town Council is not bound by that decision, and each councilor’s vote on that issue may depend on their own idea of what is “discernible.”

It is also unclear how quality of life and property values should be weighed in the decision process. The ordinance’s preamble states that it is intended to “minimize adverse impact … on nearby properties.” How that limits the establishment of a quarry operation is open to interpretation.

At Tuesday’s meeting, the councilors questioned when to use science and when to use their own feelings when deciding on the application. Ken Cole, the town’s attorney, said the ordinances as written were “open-ended.”

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During the public hearing portion of Tuesday’s meeting, neighbors of the proposed site reiterated their worries that a quarry would disrupt the quality of life in the neighborhood, cause traffic safety problems, and lower property values. The residents, most of whom have followed the process through 2 1/2 years and two applications, urged the council to deny the Busque’s proposal.

Margaret Pinchbeck, who lives on the Nash Road across Route 302 from the quarry site, said a quarry does not fit in with the rural residential neighborhood in the area. The truck traffic-up to 10 an hour at peak time-and constant hammering will disrupt residents and make their homes lose value, she said.

“If this quarry is approved, our neighborhood will never be the same,” she said.

Another potential quarry neighbor, Ingrid Levasseur, wondered if the town will revalue the properties in the area if the quarry is approved so that residents’ tax payments go down. She also wondered how the town would deal with the quarry if problems emerged with well contamination or dust particles in the air.

Carl Russell operates Avant Garde Pet Care, an abutter to the Busque property. He told the council that his dogs would not respond well to the constant noise that accompanies a quarry operation. Commercial realtors, he said, have told him that his business would be worthless as a kennel if Busque’s plan is approved. Russell has had to put expansion plans on hold while the application review plays out, he said.

“I can’t do a thing,” he said.

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The debate over noise levels continued Tuesday as well. While Busque’s noise study shows it meets the criteria in the ordinance, some of the residents in question testified that they were worried more about the constant nature of the quarry work than how loud it was. The constant bang of the rock hammer would always be in the background, and it would be an annoyance in their everyday life, they said.

Councilor Liz Wisecup said temporary work of that nature, like what occurred during construction of the high school, can be tolerated with because neighbors know it will end. The work at the Busque quarry, though quieter as measured in decibels, is ongoing and would be harder to deal with, she said.

Councilor Bob Muir also said it was the ongoing nature of the work at the quarry that worried him. He said he would address the issue further during deliberations.

Busque opened Tuesday’s portion of the public hearing, which has been continued every two weeks with one exception since April 22, by saying he feels the application meets the ordinance. The proposal addresses the issues of exit safety, vibration levels, drainage and depth that were raised during the review of the first application, which was rejected by the Town Council last year.

Noise will be controlled by buffers and berms, Busque said. The quarry will be watered down regularly to handle dust particles, which will likely never leave the site, he said. Traffic plans have been approved by the state Department of Transportation to make sure entrance on to Route 302 is safe, Busque said.

“I believe that over the last seven or so public hearings we have answered every question placed upon us,” he told the council. Busque brought with him six experts to answer questions on matters like traffic and sound. They will review questions forwarded by residents, and provide councilors with written responses before the Aug. 26 meeting.

Carl Russell, owner of Avant Garde Pet Care on Route 302 in Windham, speaks out against a proposed quarry near his property. Commercial realtors, he said, have told him that his business would be worthless as a kennel if Busque’s plan is approved.

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