A proposed long-term quarry in Windham, fiercely opposed by many neighbors of the site, passed its first round of approval Monday night as the Windham Planning unanimously voted in favor the project after laying down a series of conditions.

The quarry’s final approval is now in the hands of the Windham Town Council and the race is on to see whether the council will grant the green light to the quarry before opposing neighbors submit a petition for a new town ordinance that would restrict the quarry operation.

Looking out at an audience packed with upset neighbors Monday night, the planning board discussed the “peer reviews” of all expert reports addressing the quarry’s effects on traffic, residential well water and how loud the blasting and general operations of the quarry would be.

Absent from the planning board was Ryan MacDonald, who resigned from the board on Monday and had previously made public statements criticizing the neighbors. Member John Henry was absent due to a personal commitment.

Before the board’s final review, quarry developer Peter Busque made his case once again on why the board should approve the quarry.

“We’ve met all the town ordinances and respectfully ask for approval of the project,” Busque said.

After finding out about the quarry proposal, surrounding neighbors teamed together to opposed Busque’s project by forming a group known as the Windham Preservation Committee.

Surprised that a quarry could be allowed in any residential neighborhood in town, the group is now petitioning to force the town to adopt a new ordinance with stricter regulations for quarries and all future mineral extraction operations in Windham.

On Monday night, the board however refused to let the neighbors ask questions about the peer reviews (a second opinion on the expert reports) because they had previously heard the neighbors’ complaints at a public hearing back in March.

During the March meeting, neighbor after neighbor took to the podium to voice their concerns about the proximity of the quarry to nearby houses and the effect that new traffic, dust and noise would have on nearby residents and businesses.

Code Enforcement Officer Roger Timmons spoke out against the board’s decision to close public comment. He argued that the peer reviews were new information and therefore the neighbors should be allowed to ask questions.

“I know what you just did, but I don’t know how you can go forward with this process knowing that you have new information,” without giving the public an opportunity to speak, he said.

Board members argued that the peer reviews concurred with the expert reports and there was no statuary obligation to open the floor for public discussion.

“I really don’t want to sit here for two hours listening to everything again,” said Planning Board Chairman James Lauzier.

The board did allow the neighbors to speak about the hydrology study, turned in after the public hearing, because this was entirely new information before the board.

Leader of the neighbor’s group, Margaret Pinchbeck, took the podium to debate whether the data reflected in the study accurately reflected the water table for the area and asked who would liable if the quarry disturbed water supply to nearby houses that rely on well water.

Before giving final approval, the board set down a timetable for monitoring the quarry operation and added new regulations for the quarry such as restricting its hours of operation to 11 a.m. to 3 p.m.

With the approval, the decision now goes to the Windham Town Council who must look at the quarry proposal in the same judicial manner as the Planning Board – whether or not it meets the town ordinance.

Meanwhile, the neighbors have the signatures needed to submit their petition for an ordinance change, but are waiting to talk further with long-time gravel pit owners about their concerns with the amended ordinance.

If the neighbors are successful in the petition, the Windham Town Council will be forced to either adopt the ordinance or send it out to public vote.

As the neighbors petition to restrict the quarry, Busque now waits for the council decision, anxious to begin work on the quarry.

“I don’t want to miss the whole season,” Busque said. “The race is on I guess. But anybody can see, we did everything by the law.”

This aerial view of a cleared-cut hill on the corner of Nash Road and Route 302 is the proposed site for a long-term quarry that has met fierce opposition from Nash Road neighbors. The quarry received final approval from the Windham Planning Board on Monday night and now goes before the Windham Town Council.