Boothbay considers options for pot moratorium

Residents likely to vote on moratorium during May town meeting
Sat, 01/14/2017 - 8:45am

Boothbay selectmen are searching for answers regarding handling the state’s new regulations for retail marijuana sales. By state referendum in November 2016, Maine voters removed the prohibition of possessing and selling 2.5 ounces of marijuana. This has left state and municipal leaders scrambling to consider ways to regulate the sale of marijuana. Several municipalities are considering placing a 180-day moratorium on the new law’s implementation.

The moratorium would allow local planning boards time to implement ordinances. On Jan. 11, Boothbay selectmen met with Planning Board Chairman Alan Bellows to discuss options. The officials briefly discussed holding a special town meeting before opting against it. The selectmen decided a special town meeting’s expense would be prohibitive considering it would occur only a few weeks prior to the May annual town meeting.

Selectmen concluded the best approach is seeking advice from town attorney Sally Daggett for blocking potential marijuana retail sale applications. The board wants to delay all applications until  residents decide whether or not to implement a moratorium.  Bellows explained the town would have no regulations regarding the sale of marijuana once the referendum takes effect at the end of the month. The selectmen believed this could result in retail marijuana shops opening in residential zones.

“There are places around town better suited for retail marijuana sales. I’m afraid without any ordinances it will end up in the town’s center or East Boothbay village,” Selectman Steve Lewis said.

One option selectmen discussed would place a higher than normal fee for retail sales applications until a moratorium is in place. Voters approved Question 1 regarding legalizing recreational marijuana statewide 378,288 to 375,668. Boothbay residents supported the measure, 1,088 to 990. Selectmen indicated their efforts weren’t an attempt at circumventing the new law.

“All we’re trying to do is get out ahead of it and avoid future problems,” Selectman Dale Harmon said.

The selectmen also realized voters may reject a moratorium. In that case, municipal officials would rely on the state to enact regulations or a statewide moratorium. Selectman Chuck Cunningham reported the Legislature may adopt a 12-month moratorium. The state moratorium would require a two-thirds majority vote in both legislative branches.

The selectmen decided to proceed with their own moratorium plans in case the state’s effort is delayed or isn’t suitable to the community’s needs.

In other action, Bellows updated selectmen about the ordinance review committee’s progress incorporating the new comprehensive plan into the town’s ordinances. The committee is holding monthly workshops in hopes of submitting the draft ordinances for a vote later this year.

Bellows reported the committee’s major challenge is deciding what the look of a traditional New England village is.

“The committee is making slow progress, but we’re still shooting for November,” Bellows said. “We’re wrestling with the standards of development around the Common in keeping the traditional look of a New England village. Everyone has a different mental image of what that is. Some people think this (municipal) building or the new ambulance center are. I think they both absolutely fit into a traditional New England village. But there are lot of differing opinions.”

Bellows indicated several public hearings would be held soliciting the public’s view regarding the proposed ordinances before a final vote.

The selectmen will meet next at 7 p.m. on Wednesday, Jan. 25 in the municipal building.