WESTBROOK – Proposed changes to the city’s manufacturing district that would affect Pike Industries’ quarry off Spring Street could reopen a debate about the company’s operations there.

The Planning Board on Tuesday will consider the zoning amendments, which are being proposed in response to a decision in June by the Maine Supreme Judicial Court.

The court ruled that “performance standards” regulating Pike’s quarrying had to be included in a zoning ordinance for the city to enforce them.

The standards — which limit the noise, vibration, number of blasts, hours of operation and other aspects of operating the rock quarry — had been written into a consent agreement reached by Pike, neighboring Idexx Laboratories and the city of Westbrook in 2010.

Pike’s rights at its quarry were originally called into question when Idexx opposed Pike’s planned expansion of its operations there.

The consent agreement was appealed by two other nearby businesses, Artel Inc. and Smiling Hill Farm.

The Maine Supreme Judicial Court partially granted the appeal in June, saying the agreement was flawed because the city could enforce the regulations only if they were written into a zoning ordinance. The justices sent the case back to the Maine Business and Consumer Court, which had originally approved the agreement.

Justice Thomas Humphrey ruled in August that the agreement could stay in effect temporarily, if Pike pursued a zoning change.

The proposal to add to Westbrook’s manufacturing district standards regarding the blasting, crushing, transportation and storage of rock will be presented to the Planning Board at 7 p.m. Tuesday.

City Planner Molly Just said the board slated a public hearing on the changes for Sept. 25, when it could also vote on them.

The City Council will make the final decision about whether to change the zoning, she said.

 

Staff Writer Leslie Bridgers can be contacted at 791-6364 or at:

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