News that the Windham Town Council is being asked by developer Peter Busque to consider a revised plan to open a quarry has left some residents near the proposed site wondering whether he understands what “no” means. It should also be a reminder to readers about what “due process” means.

In January 2007, the Town Council voted against granting a permit to Busque so he might open a quarry on 110 acres off Nash Road he spent $1.8 million to buy in an area zoned for such use.

Busque has since appealed the decision to Cumberland County Superior Court, arguing the council’s decision that the quarry does not meet town ordinances in regard to traffic flow, the risk to groundwater, site drainage and excessive vibration is wrong.

Now Busque is also asking the Town Council to review a new plan, one which reduces the area to be mined to 15 acres, expands the buffer area from the quarry to the property boundaries and shifts the quarry entrance to Route 302 instead of Nash Road.

Due process means Busque has the right to try again for a permit for the quarry even as his appeal awaits a court hearing. The Windham Town Council decided his original plan did not comply with local ordinances, but his proposed operation is not inherently a zoning violation.

The cost of buying the land and legal fees defending and amending his plan should be considered, as well as the worries of abutting landowners regarding diminished property values and the effects of drilling and blasting at the quarry.

Margaret Pinchbeck, one of the leaders in the fight against Busque’s original plan, said the shift in the quarry entrance was an improvement, but worried traffic would be slowed down on Route 302.

She also said noise from drilling and blasting remain reasons to oppose the project, but Busque’s plan to reduce the acreage to be mined makes it seem that her opposition is based on the quarry being a nuisance while Busque works to reduce the impact his proposed business would have on the area.

The Windham Planning Board approved Busque’s second plan last fall. This does not preclude the Windham Town Council from denying if it feels the plan does not comply with ordinances. It should not do so simply because neighbors are simply determined that a business such as the quarry should be in the neighborhood, even if town zoning does not prohibit it.

Leaving the station

It is up to Windham voters to decide whether Lane Hiltunen should be a Windham Town Councilor, but it can be said the loss of the “On the Right Track” column he co-authored with Tommy Gleason is a hard one for the Lakes Region Weekly.

Should Hiltunen win a seat on the Windham Town Council, it is unlikely he will elicit any neutral opinions, just as the delightfully impertinent column drew raves and razzes each week from readers. Writers with views on the local politics of Lakes Region towns are now invited to step forward to fill the space left as “On the Right Track” rolls away. Please send samples and ideas to [email protected].

David Harry, editor