WESTBROOK – Members of the public begrudgingly participated in Saturday’s meeting to discuss Pike Industries’ Spring Street quarry, and did so only after accusing the city of Westbrook of moving forward without regard to legal challenges from neighboring residents and businesses.
The city convened the meeting, which marked the first such gathering of a neighborhood working group tasked with reviewing activity at the quarry, in accordance with a consent agreement approved by the court that sets regulations Pike must follow to operate the site. Roughly 20 people attended the meeting, and several claimed the city was forcing through a measure that is still being challenged in the courts.
The consent agreement was approved in November, but two neighboring businesses, Artel Inc. and Smiling Hill Farm, have appealed the judge’s decision. There is also a pending lawsuit by a group of residents in the nearby Birdland neighborhood, where the streets are named for birds.
“You called the meeting. The whole timing of this is the issue,” said Gary Swanson, a resident of Oriole Street. “You guys are dictating what we have to do. We have to go along with the administration.”
City Administrator Jerre Bryant told the crowd that the city is simply following the advice of its legal counsel. Several people pointed out that Pike should not move forward until the resolution of the appeals, but Bryant said the city’s attorney disagreed.
David Bertoni, an attorney for Artel, said an appeal does halt the activity unless Pike makes a request for special relief. He said he has tried talking with the city’s counsel about the issue, but never heard back, an “unprecedented” display in the legal world.
“You’re proceeding as if no question has been raised. The city simply shrugs its shoulders,” he said. “I don’t know what’s going on behind the scene here. You may be operating under orders.”
Mayor Colleen Hilton said she did not appreciate that characterization, adding the city is responsive to correspondence.
Warren Knight, owner of Smiling Hill Farm, called on the mayor to show some authority over the city’s attorney.
“You tell the attorney what to do. The attorney doesn’t run our city,” he said. “You’re our leader. You’re our mayor. He will give you an opinion to support your position.”
Several were concerned that, simply by taking part in the meeting, they were giving their implicit approval of the consent agreement.
“If this is going to be undone in the courts, then this meeting will be moot, frankly. We are premature in putting together any plans,” said Knight. “If the legal challenge is successful, then how are we going to put the toothpaste back in the tube?”
“This sets in motion actions which may not be retrievable once they begin,” added Bertoni.
The meeting was nearly derailed by the talks, as city representatives argued those in attendance should leave if they were not comfortable with moving forward. After more than a half-hour of back and forth, the group reluctantly moved on to review plans Pike has submitted for a new access road off Spring Street.
John Koris, a representative of Pike, said the consent agreement has specific deadlines in it and that Pike had to submit its access road plans within 30 days of the judge’s decision.
Pike’s proposed road would be 50 to 100 feet off Spring Street, with berms in between to absorb some noise from blasting and quarrying activity. The road would create a new four-way intersection at Pike’s shop on Spring Street.
Mercer Bonney, a landscape architect who lives on Spring Street, had a number of suggestions and requests from residents near the site.
“There’s absolutely no reason to take down vegetation to put in a buffer,” she said. “All of us along here want this to be an undisturbed buffer and putting that berm in would be a major disruption.”
Koris said the plans are only “working plans” and Pike is “open to suggestions.”
Jonathan Olson, regional manager of Pike, has said the company would not start work until spring. Koris said Saturday the road would take about a month to complete.
At the end of the meeting, Tim Bachelder, a member of Westbrook Residents for Environmental Safety & Trust, was named interim chairman. Bryant said the group would be responsible for organizing its own meetings from now on. Bachelder requested a space on the city website to advertise meeting information.
Afterward, he said he would be “overjoyed” if the court overturned the consent agreement, but noted there is still a long way to go.
“It’s big and complex,” he said. “There’s definitely a lot of moving parts here.”
Comments are no longer available on this story