After almost a year of discussion inside town hall and among neighbors, the controversial quarry proposed by local developer Peter Busque has been defeated.

Last night (Jan. 9), the Windham Town Council voted 5 to 1 to deny Busque’s quarry application, with David Tobin notching the sole dissenting vote.

The seventh member of the council, Lloyd Bennett, abstained from the quarry application process because he owns land near the quarry that could present a conflict of interest.

Busque, who spent $1.8 million buying the quarry site located at the intersection of Nash Road and Route 302, had little to say publicly on the council’s decision.

In a prepared statement issued Wednesday, Busque said, “I thought our community was based upon respect for the law and treating people fairly. Obviously, I was wrong. I respect the process and will pursue my options. I believe this project has economic value for my family and my employees as well as the town’s tax base.”

Busque, the president of Busque Construction, said he did not wish to clarify what options he intends to pursue.

The quarry application has generated a fair amount of controversy in Windham. Public hearings ran twice a month from April to December. Members of the public presented what they saw as a wide array of problems a rock quarry would generate near their homes.

Town attorney Ken Cole reminded the council that he is still required to draft a document detailing the reasons the council denied the application. The quarry application will not be officially denied until that document is approved be the council.

The town ordinance requires 17 points of law to be met by the applicant. The council voted that Busque did not meet four of them concerning traffic, risk to groundwater, drainage and blasting vibrations.

The vote on the traffic aspect of the application was 3 to 3, which is considered a failed vote. The other three failed aspects were unanimous.

The ordinance also required that no discernible blast vibrations can extend beyond the property line, a rule Councilor Carol Waig found to be unfair.

“I don’t know if there’s a quarry in Windham that could meet that,” said Waig. She said her hands were tied in voting against the application because she had voted against several of the points of law and must follow the ordinance.

“I did take into consideration the words on the paper,” said Councilor Elizabeth Wisecup referring to the written ordinance. Wisecup said she was more concerned with following the intent of the ordinance, to protect the health, safety and welfare of the town residents, than what it actually listed.

Council Chairman John MacKinnon said he voted against the approval because he had voted against three of the four failed points of law. Councilor Robert Muir had a similar stance.

Councilor Michael Shaughnessy said it was his concerns over the groundwater issue that made him vote against the quarry.

Councilor David Tobin, who was the lone supporter of Busque’s quarry application, said he felt Busque had attempted to meet all the requirements of the ordinance. He expressed concerns that the town be careful and present concrete and reasonable standards in the application process in case a denied applicant tries to use the court system to overturn the results.

Tobin is not alone in his view that Busque had followed Windham’s land-use regulations in proposing or designing the project.

“We have supported Peter’s initiation; he has followed the letter of the law in his application,” said Barbara Clark, president of the Sebago Lakes Region Chamber of Commerce.

“We’re disappointed with the town council’s response and vote,” said Clark. She said the issue should not be considered over, and believes the application rejection may be contested.

An unspoken tradition developed at recent council meetings, with Busque and his staff sitting on one side of the aisle and members of the Windham Preservation Committee sitting on the other like a wedding.

Tuesday’s meeting was marked by hushed reactions and frequent scoffs by some members of the public during the town council’s ongoing discussion. Engineering consultants for Busque routinely bent meeting procedures by asking to be invited to the microphone to answer questions.

Margaret Pinchbeck, the leader of the Windham Preservation Committee, was with her family at Walt Disney World during the time of the meeting and unavailable for comment.

“We hope that it doesn’t go any further,” said Carl Russell who owns the Avant-Garde dog kennel on Route 302. He felt the sounds from the quarry would have harmed his business, as well as harm “the health and welfare of the community.”

“Auburn Concrete will not be coming here,” said Leon Pride of Nash Road. Neighbors had been concerned that an application by Auburn Concrete would be filed for operation along with the quarry.

“We’re just very proud of the work we did,” said Windham resident Becky Hagar. Hagar clarified that she was referring to the investigations she and her neighbors had done of Busque and the effects the quarry would have.

Busquedeny1: The town council votes 5 to 1 by a show of hands to deny the Busque quarry application. Clockwise from front: Town Attorney Ken Cole, Town Manager Tony Plante, and councilors Carol Waig, David Tobin, Robert Muir, John MacKinnon, Elizabeth Wisecup and Michael ShaughnessyBusquedeny2: Windham residents Leon Pride (left) and Ernie Nichols embrace in celebration following the unofficial denial of the Busque quarry application. Residents felt the quarry would be a disturbance and bring health consequences to their neighborhood.