Five Star Park Rezoning
Rezoning Status
The rezoning of the Five Star Park from Industrial to Manufacturing was approved by the City Council on 7 June 2010. The Manufacturing District ordinance is Section 311 of the Land Use Ordinances of the City of Westbrook, and can be found here.
Pike Industries opposed the rezoning and has filed a lawsuit in the Cumberland County Superior Court, asking the court to declare the new zoning ordinance null and void, and to issue an injunction to prevent the city from enforcing it.
A draft "consent order" negotiated by the city between Pike and Idexx would keep the rezoning in place but exempt Pike and allow Pike to quarry on Spring Street. If approved, this agreement would significantly diminish the special character of the manufacturing district, making the district less attractive to the clean, high-tech industries it was created to draw to the city.
Rezoning background
In March 2008, in response to Pike Industries’ plan to expand Spring Street quarrying operations by 10,000% (Yes, 100 times larger!) and build an asphalt plant on Spring St., Westbrook’s Mayor submitted a proposal to the City Council to change the Five Star Park zoning from Industrial to a zone that supports clean manufacturing.
The rezoning proposal has made the rounds, passing from the Committee of the Whole to the City Council to the Planning Board and finally back to the City Council for final approval.
The Planning Board process alone took 9 months, ending last November with a 4+ hour public hearing and a 5-1 vote to approve rezoning. Now it’s up to the City Council.
What the rezoning will do
- Attract environmentally-friendly businesses to the area, bringing much-needed tax revenue to the City.
- Prevent noisy and dirty industry like quarries, gravel pits and asphalt plants from destroying the neighborhood.
- Encourage existing companies in the Park to expand, increasing job opportunities. IDEXX has announced plans for a new corporate headquarters to provide additional work space for approximately 500 people and could consider building in Westbrook if rezoning is approved. Companies like Artel and WPXT-TV can stay and grow.
- Add warehousing as an allowed use, making several existing businesses in the park conforming so they can expand.
- Fulfill the City’s vision for the Five Star Park as a home for clean, quiet businesses providing thousands of year-round jobs.
- Improve the area, adding sidewalks and street lights for everyone to use. Westbrook recently received a $250,000 federal grant to make these improvements to the Five Star Park.
- Protect the neighbors and businesses from noise, vibration, pollution and heavy truck traffic.
What about Pike?
- Pike Industries, Inc., a New Hampshire based company, is a subsidiary of Oldcastle Incorporated. Oldcastle is the U.S. division of CRH, a publicly owned corporation based in Dublin, Ireland.
- The State found that Pike was monopolizing the asphalt industry in Maine and now requires Pike to operate under a strict legal agreement.
- In December 2005, Pike Industries bought Blue Rock’s properties in Westbrook – including the legal quarry and asphalt plant on Main Street and an old, unpermitted quarry on Spring St.
- Pike’s major quarrying and asphalt operations have always been on Main St., and they can stay there if rezoning is approved.
- Before Pike began blasting and crushing rock in 2006, the Spring St. quarry was not an actively operating quarry, and never had the required city permits. In 1968 the City Council told Blue Rock they could not operate a quarry on Spring St.
- Pike was ordered to stop operating the Spring St. quarry last summer after the Zoning Board of Appeals determined that Pike did not have any grandfathered right to do so. Pike sued the City and ignored a cease and desist order from the Code Enforcement Officer. A Judge has since ruled that Pike is not allowed to blast or crush rock while he decides the case.
- Since acquiring the Spring St. quarry, Pike has blasted twice as much rock as Blue Rock removed during 40 years of small scale and illegal quarrying. This huge expansion of operations has resulted in noise, vibration, truck traffic and dust. There are more than 50 homes in close proximity to the quarry that are directly affected by the quarry operations. The closest home is less than 500 ft. from the edge of the quarry.
- Pike has not responded to neighbors’ complaints and concerns.
How to contact city officials, the Dept. of Environmental Protection and the media:
CITY OFFICIALS:
City Council
Ward 1:
Brendan Rielly
(207) 775-7271
brielly@westbrook.me.us
Ward 2:
Victor Chau
(207) 518-8887
vchau@westbrook.me.us
Ward 3:
Paul Emery
(207) 831-9899
pemery@westbrook.me.us
Ward 4:
Dotty Aube
(207) 854-2632
daube@westbrook.me.us
Ward 5:
Michael Sanphy
(207) 878-5531
msanphy@westbrook.me.us
At-large:
John O’Hara
(207) 854-9309
johara@westbrook.me.us
At-large:
Mike Foley
(207) 807-2115
mfoley@westbrook.me.us
Town Planner
Molly Just
(207) 854-0638
mjust@westbrook.me.us
MAINE DEPT. OF
ENVIRONMENTAL
PROTECTION
Mark Stebbins
Oversight of Quarry Operations
(207) 822-6367
mark.n.stebbins@maine.gov
MEDIA
American Journal
Ben Bragdon, Managing Editor
Mail: P.O. Box 840
Westbrook, ME 04098
Phone: (207) 854-2577
Fax: (207) 854-0018
bbragdon@keepmecurrent.com
Portland Press Herald
Mail: Letters to the Editor
P.O. Box 1460
Portland, ME 04104-5009
Fax: (207) 828-8154
letterstotheeditor@pressherald.com
Online Form: www.pressherald.com