Wiggly Bridge loses expansion bid over whiskey fungus fears: Owners weigh options

YORK, Maine — Wiggly Bridge Distillery was denied their application to build two new barrel houses last week after board members expressed concern for the potential spread of whiskey fungus.

The fungus, called Baudoinia, has held the application up since last year as residents said they didn’t want their home values and health harmed. Abutters have called for the board to reject the application in fear of the black fungus spreading as it has near major distillers in Kentucky.

The distillery, owned by the Woods family, has argued there are no known adverse health effects of Baudoinia, which feeds on ethanol produced during the whiskey aging process. The distillers also said they have taken steps to limit the amount of ethanol released and that their distillery will never have enough barrels to cause ethanol to travel to the nearest residence.

Planning Board members still voted 4-1 to reject the application after more than three hours of deliberations Sept. 28 in a room packed with residents opposing the project. Board members who passed the motion said they were convinced partly by a town-commissioned study from the University of Maine that stated Wiggly Bridge was the likely source of the Baudoinia.

Planning Board Chair Wayne Boardman, the lone vote against denying the application, acknowledged some unknowns make it difficult to know if the project should be approved. The board was tasked with determining whether the project violated town ordinance section 6.3.4, which prohibits “dust, fumes, vapors, and gases” from affecting neighboring properties.

“We may not be able to prove definitively that the business is causing the whiskey fungus,” Boardman said. “There still may be a strong enough likelihood that we’re reluctant to approve it.”

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Wiggly Bridge’s father-and-son owners David Woods and David Woods II made their case in the meeting with a team that included their attorney and scientists who critically analyzed the University of Maine study. They cited statements by renowned Baudoinia expert James Scott that indicated the distillery is too far from the nearest residence for Baudoinia to reach it.

Attorney Lisa Gilbreath told the board Scott was quoted as saying it would take 20,000 barrels of whiskey aging at once for whiskey fungus to appear on a building that far away – approximately 200 yards. David Woods said his facility is going to increase from 1,153 barrels to up to 5,200.

“Ethanol’s not really leaving the property,” Gilbreath said. “It takes 20,000 barrels to reach 200 yards.”

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Board member Brian Trafton said that statement did not line up with what he believed residents were seeing in the University of Maine study and on nearby buildings. He pointed to the RE/MAX building nearby where whiskey fungus has been found, though the Woods family pointed out that the business supports the expansion.

“You can’t tell me that it’s not going closer than that 43 feet over to the RE/MAX building,” Trafton said. “It just doesn’t make sense.”

David Woods said the steps recently taken by the distillery should prevent any ethanol from leaving the property. He said they have purchased an ethanol meter that has been reading zero since they altered the way they release ethanol from their stills. He said any whiskey fungus washed off nearby property would not reappear as a result.

“The RE/MAX building, my belief… the Baudoinia that was tested on it was done in our old style standard operating procedures,” David Woods said.

Planning Board member Meredith Goodwin said she could not accept Wiggly Bridge’s argument that other facilities in York could be producing nearby Baudoinia. She said Hannaford has been cited as a potential source of whiskey fungus because they have a bakery despite the fact they do not actually produce baked goods there.

“This is where you lost me,” Goodwin.

Goodwin said she was convinced there were ongoing violations at the site because of the nearby whiskey fungus. Town attorney Mary Costigan noted, however, no violations have been identified by the code enforcement officer.

Planning Board members considered granting the project preliminary approval with the condition that the two barrel houses not be used to store aged alcohol until it could be determined the whiskey fungus would not increase as a result. Goodwin, Trafton and Planning Board alternate Steven Friedman voted that motion down, however. Friedman also noted that a change in the use of the building would need to include more public input.

“My sense is the Woods family has presented as strong a case as they possibly could,” Friedman said. “Like Meredith, I’m not comfortable with the conclusions in the study.”

When the vote to reject came, Boardman suggested they could take more time to find a solution without giving a flat denial of the project.

“We’ve been at this for a long time,” Boardman said. “I think there’s still time to find a solution that would protect the safety and value of the properties without completely denying it.”

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Woods family evaluates next step for Wiggly Bridge expansion

David Woods said he is unsure what Wiggly Bridge will do next in their attempt to grow their business. They started 11 years ago and have produced award-winning spirits, first in a space at Short Sands Beach, then at their current location at 441 US-Route 1. They say they need to build more storage because they are running out of room to store barrels and finished products.

The Woods family has seen a growing campaign against their project in the last year. A website called fungusfreeyork.com called for the project to be rejected. It noted that while “no extensive research has been done regarding the health risk,” the fungus can have a lasting impact on properties and nearby vegetation.

The site also linked to an online petition posted by “Concerned Neighbors” calling for the town to cite Wiggly Bridge for an existing violation. That petition has 259 signatures. Signs also appeared around town stating “Whiskey Fungus Zone” with the fungusfreeyork.com URL printed underneath.

Woods said the vote was disappointing. He said he is proud to be a York business owner, also owning York Oil and other businesses in town. He said York has not historically been business-friendly, however.

“I love the town because I’m from York,” Woods said. “But I don’t like the lack of support of the business community.”

Woods said he plans to watch the video of the meeting where his application was denied to take notes and then consider whether legal action will take place. He has previously said he would take the case to the Maine Supreme Court.

“There’s a lot of options out there that we need to explore,” Woods said. “Appeals court, new piece of property, or I get so fed up with this town that I say, ‘Let me sell everything and move down to Montserrat.”

This article originally appeared on Portsmouth Herald: Whiskey fungus fears foil Wiggly Bridge’s expansion plans in York