South Thomaston residents press board on quarry impacts; select board votes to place moratorium on warrant

The South Thomaston Select Board voted April 22 to put a draft six-month moratorium on new or expanded mineral-extraction activities on the June town meeting warrant after residents described repeated blasting, heavy equipment noise and property concerns.

The move follows a lengthy public-comment period in which Linda Palmer, a resident and the proposer of the measure, urged the board to curb quarry impacts. "Given that quarries are generally regarded as being harmful to the environment, to human health, safety, property, and property values," Palmer said, and proposed annual planning-board reviews, reporting of quantities removed or hauled, permitting for expansions or transfers, traffic studies for increased activity and enforcement authorities including inspections, fines and permit revocation.

Operator Travis Wilson disputed allegations of permit violations and described steps intended to reduce off-site impacts, saying the operation "has not violated any of our permit stipulations" and that equipment such as the crusher had been moved down into the quarry to cut roadside noise.

Town attorney Kristen Collins — whose memo was read to the board — advised caution about an outright prohibition. Collins wrote that an ordinance banning all new quarries would likely be vulnerable to legal challenge as an uncompensated taking under Maine and U.S. constitutional law, and recommended the town instead pursue narrow location and operating standards. She recommended a time-limited moratorium to allow the town to study and draft legally defensible rules. Collins’ memo described a moratorium that would be effective for an initial six months and could be extended by the select board in six-month increments while new regulations are drafted; she also noted current permits would remain in effect but new or expanded applications would not be processed while the moratorium is in place.

Select Board members discussed options including using an ordinance-review committee or the planning board to draft standards, the burden annual reviews would place on staff, and the legal limits on municipal control where state permitting applies. After discussion the board voted to include the draft moratorium ordinance on the June town meeting warrant; if town meeting approves the ordinance it would take effect retroactive to April 22 and would prevent the processing of new or expanded mineral-extraction applications during the moratorium period.

Next steps: the moratorium draft will be published with the warrant materials for the June town meeting and the town indicated it will invite public participation in drafting the implementing language. Residents with concerns about alleged violations of existing permits were directed to file complaints with the code-enforcement office for enforcement review.