WESTBROOK – Pike Industries, which was scheduled to blast at its quarry on Spring Street in Westbrook this week, has agreed to hold off until questions regarding a consent order between the city and the company can be addressed in state court.

But the decision to hold off on blasting, yet still keep the quarry operational, does not sit well with some of the residents living near the site.

In a statement released Tuesday, Westbrook Mayor Colleen Hilton said the city asked Pike to delay blasting and the company agreed to that request.

“In the city of Westbrook’s continued effort to balance the interests and rights of all residents, businesses and property owners in the area of the Spring Street quarry, Pike Industries has agreed to the city’s request to forgo any blasting at the site until the matter has been back before the Business and Consumer Court, as directed by the Maine Supreme Judicial Court,” Hilton said. “During this time Pike will be allowed to otherwise conduct operations at the quarry, including the processing and transportation of material currently on site. Pike has agreed to comply with all of the performance standards contained in the consent order, which has been referred back to the Business and Consumer Court.”

Pike had a permit from the city to conduct eight scheduled blasting days, June 26-29, and July 3, 5, 6 and 10, to amass enough rock at its quarry to begin crushing operations, which were expected to start sometime in July.

Last week, Sigmund Schutz, of Portland-based Preti Flaherty, who is representing Pike, said the company intended to blast, feeling that it had a valid permit and “no further permissions were necessary.”

Schutz did add that Pike would consider a request from the city to hold off on the blasting.

“The position generally is to be fully cooperative with the city and work with the city to address any concerns,” he said. “We’ll evaluate anything the city brings to us.”

Hilton said that after talking with the city, Pike decided it could hold off on the scheduled blasts.

“After careful consideration, Pike determined that it can produce sufficient product at the Spring Street quarry without blasting to meet customer needs over the next few months,” Hilton said. “As a result, Pike does not have an immediate and compelling business need to proceed with blasting this month at the quarry. Pike is confident that the process of approving the consent order will be completed promptly so that the order will be in place by the time more blasting is required at the quarry.”

On Wednesday, Schutz said that Pike has asked the court to quickly rule on the matter and that the company felt that the rock that it blasted in December would be sufficient to meet its needs while the court handles the matter. “We don’t feel it’s necessary to move forward with blasting in the near term,” he said. “It’s our hope and expectation that the court will act quickly.”

However, the decision to hold off on blasting but still keep the quarry operational does not sit well with some of the residents living near the site.

Tim Bachelder, the interim chairman of the Spring Street Quarry Neighborhood Working Group, a residents’ group opposing ramped-up operations at the site, said the blasting stoppage does not go far enough.

On Wednesday, Bachelder said that he filed a complaint with Code Enforcement Officer Rick Gouzie regarding the movement of crushers onto the property. Bachelder said he was told that Pike could not begin crushing operations until Gouzie inspects and improves the crusher setup.

Gouzie was at the scene of a fire that destroyed an apartment house on Main Street in Westbrook on Wednesday and was not available for comment before the American Journal’s deadline.

Bachelder said he felt that Pike did not have the right to operate the crushing equipment at the quarry under the current zoning.

“Apparently the city is allowing Pike to process rock that’s onsite from last December’s blasting, which means we may well see portable crushers – along with the associated diesel generators used to power the crushers – moved onto the site to begin crushing, processing and trucking off crushed stone prior to establishing Pike’s legal right to operate a quarry at this location,” he said. “The Spring Street Quarry Neighborhood Working Group opposes this approval since Pike does not have legal rights to conduct these activities since the Zoning Board of Appeals found they had no grandfathered rights to process rock on this site, which the court upheld on appeal.

“As the residents have been stating ad naseum, processing of stone onsite has always been our biggest concern and we’re stunned that the city believes that the lack of legal rights precludes blasting, but is not an impediment to the activity that’s likely to have the greatest effect on the quality of life for the nearby residents,” he said.

Schutz responded to this by saying that he felt that Pike did have the right to operate the quarry as it has done for decades. “Pike’s position throughout this is there is a grandfathered right to operate the quarry,” he said. “Operations have been consistent (at the site) since 1968.”

Hilton also said the city believed that Pike did have a right to operate the quarry.

“The city agrees that Pike may operate the quarry and appreciates Pike’s decision not to engage in blasting at this time,” she said. “Pike is committed to meeting all of the agreed-to performance standards for operation of the quarry.”

Bachelder maintained that the neighbors believed that while the issue of the consent order is still in the court, the city would not be able to enforce the standards.

“We’ve consistently stated that we’re apprehensive if the performance standards that prohibit dust or noise above ambient levels from crossing their (Pike’s) property lines can be achieved, and would like to ask the city administration to explain and demonstrate that they have the ability to enforce these performance standards prior to Pike obtaining legally binding rights to operate here,” he said.

Hilton said if the city finds that Pike is violating the standards that it has agreed to operate the quarry under, the city would take action to shut it down.

“The city reserves the right to return to court for full cessation of quarry operations should Pike fail to comply substantially with all terms of the consent order,” she said.

Schutz added that Pike intends on fully complying with the terms of the consent order and would be using the most up-to-date techniques to ensure that crushing operations at the quarry will have as little of an impact as possible to the surrounding neighborhood. “Hopefully, this will remove any concerns the neighbors have,” he said.

Pike Industries will continue to process rock at its quarry on Spring Street. (File photo)