WESTBROOK – Maine Rubber and Pike Industries are closer to reaching the end of their long journeys in front of the Westbrook City Council.
During its meeting Monday, the council voted to move ahead with second readings of adopting the new contract zone for the former Maine Rubber building, exchanging land portions with the building’s owners; and changing amendments to the Pike consent agreement on blasting.
Talks between the Elowitch family, owners of the Maine Rubber building, prominently located at the western entrance to downtown by Main Street, and city officials have stalled in the last few years. But, according to Bill Baker, Westbrook’s assistant city administrator for business and community relations, the building will be torn down if two proposals pass their second reading next month.
On Monday, the council voted 6-1, with Victor Chau opposing, to adopt a new use for the zone where the building sits and to exchange land with the owners between the property and the city.
“The demolition agreement is contingent on the approval of the contract zone, at the request off the property owner,” Baker said.
The primary change in the new Gateway West Contract Zone is allowing a bank with a drive-through as a permitted use instead of a special exception.
“No one is expecting a bank to go in there. We’re looking for the best use of the property and this merely adds one more use to the site,” Baker said.
Chau said the reason he did not vote for the two proposals was because his constituents said they wanted something other than a drive-through bank on the property.
A land swap will help if the building does become a drive-through. It gives the city a strip of land along William Clarke Drive between Mechanic Street and Saco Street in exchange for the city giving up a portion of Saco Street between William Clarke Drive and Main Street.
The swap gives the city enough land to build an extra turning lane on William Clarke Drive.
“Taken all together, we feel that this will create a domino effect in that area,” Baker said.
So far, Baker has already heard from business owners in the area wanting to update their property, including Pete Profenno, owner of Profenno’s Pizzeria and a building across the street. Baker said Profenno has already filled out applications to make improvements to his property.
If the proposals pass their final vote, the Elowitch family is looking to sell the property and tear down the building, with help from a $125,000 Community Development Block Grant received by the city.
“I’m happy that it passed [first reading], but it’s not over yet. There’s still one more step to go,” Dave Elowitch said Tuesday.
Elowitch said he had not heard from his real estate broker on any new parties interested in the parcel.
Consent order
The Pike quarry consent agreement still needs some language tweaks.
According to the city’s attorney, Natalie Burns, language in two paragraphs needs to be eliminated to make it clear that Pike does not have any special exceptions on the property and the land use ordinance matches up with the conditions for blasting and other regulations placed on the Pike property.
One of the biggest differences in the ongoing quarry issue is that now, only one abutter, Smiling Hill Farms, objects to the agreement. Artel Inc., an abutting company formerly opposed the blasting, worked out its differences with the quarry owners, according to documents from the company’s attorney, David Bertoni, and Pike’s attorney, Sig Schutz.
“We’ve been working very hard on this issue with Artel,” Schutz said. “We reached an agreement. It was not easy for either party. Under the pressure of this deadline, we were able to reach an agreement.”
Warren Knight, owner of Smiling Hill Farms, still does not support the operation because he said it was “unfair” that other abutters received a 100-foot natural vegetative buffer and he did not.
In response, Mayor Colleen Hilton said it was her understanding that the 20-foot buffer for Smiling Hill Farm had been added for Knight, although it encroached on the Central Maine Power right of way. She also said adding a 100-foot buffer would either take out part of the quarry, or be on Smiling Hill Farm Land; neither solution worked for both parties.
Chau was the only councilor to vote against amending the agreement in the first reading.
“My constituents in the Birdland zone didn’t want me to do that. They don’t want blasting near them,” Chau said.
If the two amendments are made, the agreement goes back to the Business and Consumer Court for the fourth time.
The agreement is the culmination of years of negotiations centered on how Pike can operate its Spring Street quarry, including specifications covering when blasting can occur and the number of trips trucks can make in and out of the quarry each day.
A public hearing will be held on Monday, May 6, at 7 p.m., in Room 114 of Westbrook High School for contract zone amendments, followed by a second reading and vote. The second reading for the Pike amendments is scheduled that same night.
In other council news:
• Walker Memorial Library’s window restoration project was unanimously moved forward for a second reading by councilors. The project, being completed by Bagala Window Works in Falmouth, will use $80,000 raised by Walker Memorial Library Friends and a donation from the Stephen and Tabitha King Foundation.
• Construction on a new bridge to replace the 63-year-old Whitney Bridge on Duck Pond Road will take place this summer starting in June. T. Buck Construction in Auburn was the low bidder for the project, estimating $200,000. City Engineer Eric Dudley has asked for an additional $20,000 as a contingency in case any unexpected problems occur during the construction process. A final decision is due in May.
• Two contracts, one with Princeton Hydro in Exton, Pa., and one with McLaughlin Whitewater Design Group in Denver, Col., will be further investigated by the council to see whether they feel the city needs more expertise in what to expect with the possible removal of the dam at Saccarappa Falls, and on the options for recreational use and development once the dam is gone. Each contract is for $30,000 and will be paid for by the Westbrook Environmental Improvement Corp. The contracts were unanimously moved forward for second reading.
• The council has decided to outsource custodial service starting in July as a way to save the taxpayers money – a net annual savings of $75,000, if councilors agree to award the bid to BSC Cleaning Services in South Portland. The city has also requested the cleaning service give first new hiring considerations to any school department custodian displaced by the outsourcing. The contract faces a second reading.
• Councilors unanimously approved sending a resolution against Gov. Paul LePage’s proposed budget to all legislators representing Westbrook, the governor and all other legislative leadership. According to Jerre Bryant, city administrator, more than 50 municipalities have adopted similar proposals across the state.
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