FRYEBURG – A difference of opinion between Poland Spring Water Co. and municipal boards continued Monday as the Board of Appeals upheld an earlier decision by the Planning Board.

Nestle Waters North America, which owns Poland Spring, has been pushing for town approval of a water trucking facility since 2005.

According to Mark Dubois, natural resource manager with Nestle Waters, the Appeals Board voted 3-1 that the Planning Board did not make an error when it decided that the facility would not constitute a “low-impact use.”

Dubois said Linwood Buck, Bill Lowell and Greg Hummler voted in favor of the decision, while Angelo Milia voted against. Carmen Doughty, who was part of the Planning Board when Poland Spring initially applied for a permit, recused herself from the vote.

“We’re going to pursue our appeal in court,” Dubois said. “We still feel that the original Planning Board decision in 2005 was the correct one.”

The proposed Route 302 facility would fill a maximum of 50 trucks per day with water piped in from a Denmark aquifer. Poland Spring has argued that the facility would not significantly contribute to traffic on the highway and meets standards set in the original review.

Foes of the project contend that the facility would be in a rural residential zone and increase traffic hazards, pollution, and noise in the area.

Nestle applied for a permit for the facility in 2005. Although the Planning Board granted the permit, the Board of Appeals overturned the decision.

The matter was returned to the Planning Board after going through the Oxford County Superior Court and Maine Supreme Judicial Court.

Dubois said he expects a case will be filed with the Superior Court “within the next few weeks.”

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