There is no evidence to show blasting at a quarry approved by the Windham Town Council will conform with vibration requirements, according to a lawsuit filed last week by residents who want to see that the quarry operation never gets into the ground.

The suit, filed in Cumberland County Superior Court by neighbors who have argued against the Nash Road quarry proposal by businessman Peter Busque since it first appeared three years ago, said there was no evidence in the record that showed the operation would conform to vibration limits set by the U.S. Bureau of Mines.

The council adopted those standards during the review process of the application by Busque, who wants to build a 55-acre quarry on 160 acres of his land on the corner of Nash Road and Route 302.

The suit also claims the Town Council committed an error of law by concluding that vibration should be measured at the nearest inhabitable structure rather than at the lot line, as dictated by the ordinance.

“I think the town really didn’t go by the ordinance,” said Margaret Pinchbeck, one of six individuals in addition to one business and one organization listed as plaintiffs in the case. “The ordinance clearly states they have to go by the lot line.”

Also listed as plaintiffs are quarry neighbors Leon Pride, Becky Hagar and June Hawkes; nearby business owners Linda Rowe and Carl Russell, the proprietors of the Northeastern Motel on Route 302; and Windham Citizens for Sensible Development, a nonprofit organization opposed to the quarry.

Busque, who has argued the residents’ claim that the quarry will disrupt life in the neighborhood, said he will provide the court with whatever information is needed to comply with the appeal.

“It’s their right to do it,” he said.

While the neighbors of the site were also worried about truck traffic, noise and air pollution brought on by a quarry operation, the suit focuses solely on the implementation of a vibration standard.

The vibration level limit has been a point of contention first during the review of Busque’s initial application, which was denied last year, then again while the council reviewed the second, slightly revised application, which was approved Sept. 9.

During the review of the first application, the council set the standard for vibration levels at that which is discernible to an individual. After his application was denied, Busque argued the decision in Cumberland County Superior Court, but a judge said the council could set the standard as it wished.

Before approving the second application, the council on the suggestion of Councilor John MacKinnon voted to adopt as the criteria for vibration levels the standard set forth by the U.S. Bureau of Mines. The standard measures the impact of vibrations on nearby structures, not at the lot line, which is how the residents filing the appeal interpret the ordinance.

The court ruled the first time around that the council could set the level however it wanted, Busque said.

“Basically, they said the town could do it any way they wanted,” he said. “I don’t know why they would say any different this time.”

Pinchbeck said the council can use any number it wishes as the level limit, but it has to follow the ordinance, which says vibration cannot be produced that is discernible “at or at any point beyond any lot line.”

Busque provided evidence that he could meet the level limit at the nearest structure off his property, Pinchbeck said, but never showed he could meet it at the lot line.

“Do you go by the ordinance or what this current council says?” Pinchbeck said.

The venue has changed as the approval of a Windham quarry was appealed in Cumberland County Superior Court, but the opponents are the same as Peter Busque’s plan is contested by Windham residents and business owners included Margaret Pinchbeck.Bad vibrations – Neighbors file quarry appeal