A proposed asphalt plant in Gorham moved closer to approval Tuesday amid an attempt to bar a town councilor from voting.

The Gorham Town Council approved amending several changes to the town’s ordinances governing mineral extraction and noise. The amendments impact a proposal by Shaw Brothers Construction Inc., for a quarry and asphalt plant on a 125-acre site on Mosher Road.

“It’s another step to move us along. Now we can go back to the planning board,” said Danny Shaw, co-owner of the construction firm, following the meeting.

Shaw hoped the company’s request would be on the planning board agenda next month. But Deborah Fossum, town planner, didn’t expect the board to consider the proposal in October. Fossum said the company needs to submit updated plans. She said the company has applied to the Maine Department of Environmental Protection for a permit.

The company introduced the project last year, and it is under review by the planning board. Shaw Brothers said town ordinances need clarifying and updating. The town council in July directed the planning board to hold public hearings and make recommendations to amend ordinances regulating mineral excavation and noise.

Tuesday night, the council, in a 5-2 vote, approved most of those recommendations, with councilors Shonn Moulton and Jane Stinchfield Willett opposing. The council sent several noise requirements to its ordinance committee for review.

The council approved ordinances that shift where noise is measured from the source to property lines of abutters; allow an abutter to sign a waiver if noise levels are exceeded; allow extended hours of operation; and eliminate slope requirements for quarries.

“We essentially passed all the board’s recommendation’s except a number of noise requirements,” Norm Justice, town council chairman, said during a recess after the vote.

The process of changing ordinances while the project has been under review by the planning board has drawn fire from critics, who said the changes pave the way for the project. Allegations of conflict of interest have inflamed the process.

In the July council meeting, Burleigh Loveitt, vice chairman of the town council, publicly disclosed that his son worked for Shaw Brothers. But the council didn’t see any conflict of interest and allowed Loveitt to participate in discussion and vote to send proposed ordinance changes to the planning board for its recommendations.

The conflict came up again Tuesday and Loveitt reiterated his disclosure. “My son is an active employee of Shaw Brothers. I’m not seeking to recuse myself,” Loveitt said.

Justice said town attorney Bill Dale had determined there is no conflict. “I put a lot of weight in what Mr. Dale has said,” Justice said.

But Councilor Shonn Moulton argued for a council vote based on the appearance of a conflict of interest by Loveitt. The council defeated Moulton’s measure, 5-1, with Moulton the dissenting vote.

Moulton’s position triggered a fiery, surprise response from resident Hans Hansen, who hasn’t always agreed with Loveitt in the past.

“You couldn’t buy a vote off Burleigh Loveitt. This man is not buyable,” Hansen said. “Mr. Moulton, you owe an apology.”

The exchange was indicative of the emotion involving the Shaw Brothers proposal. Most of the public hearings have been packed. Tuesday’s council meeting was well attended, but there were many empty chairs. Eight residents spoke in opposition to the proposed ordinance changes.

Opponents have feared the asphalt plant and quarry would diminish the quality of life in Gorham and create health hazards. Charles Kent of Matthew Drive, who moved to Gorham several years ago, asked the council Tuesday to consider the cancer-causing pollutants the asphalt plant would emit.

But Dave Kent (no relation), a Fort Hill Road resident, alluded to the emotion the proposal has generated. “I support the changes,” he said.

Council amends rules affecting asphalt plant