YORK, Maine — Wiggly Bridge Distillery pleaded with voters not to pass an ordinance regulating distilleries , alleging their business has been targeted over the threat of “whiskey fungus.”
The ordinance would set strict limits on setbacks for distilleries and is on the November referendum ballot via citizens' petition put forth by neighbors of Wiggly Bridge. Members of the Woods family, who have run their distillery in town since 2012, made their case that they have been unfairly targeted in front of a room filled with opponents of their pending Planning Board application to expand their operations.
“This ordinance isn’t about protecting the town. Let’s call it what it is based on actions,” Amanda Woods told the Selectboard Monday during the proposed ordinance’s public hearing. “It is a way to stop us from operating and growing our business.”
The ordinance was put forth by residents concerned about a proposed expansion of Wiggly Bridge leading to an increase in Baudoinia , which is a fungus that feeds off the ethanol vapors released by aging whiskey. The neighbors say they fear the fungus will impact their health and their home values, though the Woods family has argued there is no data supporting Baudoinia is harmful.
The Selectboard voted 4-1 to send the ordinance proposal to the ballot, Marilyn McLaughlin voting against. The board also took a preference vote with only two members - Robert Palmer and Todd Frederick - supporting the article.
The board was previously advised by Town Manager Peter Joseph that they were required by law to send the ordinance to the referendum ballot since the citizens' petition acquired the necessary 100 signatures. Those who brought the ordinance amendment forward say they do not intend to target a single business but to prevent their neighborhood from seeing more distilleries.
“This issue has never been about attacking a family-owned business,” resident Adam Flaherty said. “In fact, quite the opposite. A small business has been aggressively and relentlessly pushing to advance an expansion that they know full well is detrimental to their neighbors.”
More: Plans to revamp historic York Realty building with ‘boutique’ inn, apartments put on hold
New ordinance would set limits that Wiggly Bridge could not meet today
The ordinance going before voters seeks to require distilleries to be 400 feet from dwelling units and within a lot of at least 25 acres. This measure comes after two years of efforts by Wiggly Bridge to gain approval to expand their distillery .
The business was denied its first proposal for an expansion last year, then returned with a second attempt, stating this time they would not use their facility for aging barrels to mitigate concern about the fungus. They said they intended to store other items that would not cause whiskey fungus.
Residents remained opposed to the expansion, however.
Flaherty said members opposing the expansion were advised to bring forward the ordinance amendment establishing regulations for distilleries.
“As a way to demonstrate how serious and important this issue is, and how many people care deeply about it,” Flaherty said. “The fact that well over 100 required signatures were collected in just two days, clearly demonstrates that.”
Wiggly Bridge called the ordinance two weeks ago a “direct attempt to block an expansion of a business.” Their operation is within 400 feet of residents, according to Amanda Woods, whose family owns the business, and 75 feet from lot lines. She said their field is a little more than 8.5 acres.
Monday, the Woods family’s attorney, Matt Altieri, told the Selectboard the proposed ordinance had “no legal basis” and should not go to the referendum ballot. He said the ordinance focused only on distilleries but ignored other businesses that potentially develop Baudoinia.
“Targeting distilleries specifically as opposed to all emitters of ethanol requires some rational basis of fact,” Altieri said.
Altieri said that Wiggly Bridge hired Serita Frey, a University of New Hampshire professor and mycologist, to conduct a study that will soon demonstrate there is no Baudoinia near Wiggly Bridge. He noted that Frey conducted a similar study to one done last year by a University of Maine researcher, which had concluded that Wiggly Bridge was the likely source of Baudoinia.
Altieri said he received a message from Frey Monday that DNA sampling indicated no Baudoinia existed in the samples. Amanda Woods said the final results will be available soon.
“This should put to bed the idea that any of the black staining on property nearby Wiggly Bridge is Baudoinia,” Altieri said.
Residents who spoke after Altieri remained firm in their stance that the ordinance was needed. Foti Zotos argued California mandates every barrel aging facility to have mitigators to prevent ethanol emissions. He also said the only study paid for by the town showed there were “hot spots” in the village.
More: York makes $4M bid to keep 42.35 acres on Long Sands Beach public
Wiggly Bridge claims they are being targeted
The battle over Wiggly Bridge’s expansion has included signs posted around town that call for York to remain “fungus free.” It has also led to confrontations in Facebook groups.
Amanda Woods said her family has been outspoken about attacks from some of their neighbors, which included illegally placed signs and “misinformation.” She said the use of images from Tennessee and Kentucky to depict the potential fungus spread in York is “untruthful.” Wiggly Bridge's operation, they said, is a small fraction of the size found at distilleries like in Tennessee.
Woods said Wiggly Bridge has heard from many supporters, including some who are uncomfortable sharing their views publicly.
While some in town have been cordial, she said many have criticized them for addressing what her family views as an attack.
“They keep mentioning now that we’ve spoken up, now we’re are attacking them,” Amanda Woods said. “I don’t know how they can fault us for now speaking up in defense.”
Some who spoke Monday said they meant no personal attack on the Woods family. Aly Manieri said her children go to school with the Woods children. One plays soccer on a team her husband coaches, she said.
“This teammate is so kind, he’s so thoughtful, and he’s an absolute joy to be around,” Manieri said. She called another child in the Woods family “strong and smart, a lot like her mother.”
Manieri said she still supports the ordinance because she believes Wiggly Bridge may not be the last distillery to come to York. She said the distillery’s success, which includes national awards, could lead to a “whiskey trail” as others may come to York and set up distilleries nearby as well.
“This protects the future generations, the ones we’ve all been talking about,” Manieri said, “And is a fair compromise in which everyone wins.”
Preserving York Village: Why town hopes zoning change will save downtown
This article originally appeared on Portsmouth Herald: Wiggly Bridge Distillery fights back against ‘whiskey fungus’ ordinance
Local News
