|March 31, 2017|
SHAPLEIGH PLANNING BOARD
Tuesday, February 14, 2017
Members in attendance: Roger Allaire (Chairman), Maggie Moody (Vice Chair), Roland Legere, Diane Srebnick, Alternate Ann Harris, as well as Barbara Felong (Secretary). Code Enforcement Officer Steven McDonough was also in attendance. Member Madge Baker and Alternate Steve Foglio were unable to attend. Ann Harris was not present for the opening of the public hearing.
Public Hearing began at 6:00 p.m.
Proposed Ordinance Prohibiting Retail Marijuana Establishments and Retail Marijuana Social Clubs in Shapleigh
Roger opened the Public Hearing by stating this was the second hearing on the proposed new ordinance. He then read the proposed ordinance in its entirety. It read as follows:
Ordinance Prohibiting Retail Marijuana Establishments and Retail Marijuana Social Clubs
in the Municipality of Shapleigh, Maine
Section 1. Authority.
This ordinance is enacted pursuant to the Marijuana Legalization Act, 7 M.R.S.A. c. 417; and Municipal Home Rule Authority, Me. Const., art. VIII, pt. 2; and 30-A M.R.S.A. §3001.
Section 2. Definitions.
For the purposes of this ordinance, retail marijuana establishments, including retail marijuana stores, retail marijuana cultivation facilities, retail marijuana products manufacturing facilities and retail marijuana testing facilities, and retail marijuana social clubs are defined as set forth in 7 M.R.S.A. §2442.
Section 3. Prohibition on Retail Marijuana Establishments and Retail Marijuana Social Clubs.
Retail marijuana establishments, including retail marijuana stores, retail marijuana cultivation facilities, retail marijuana products manufacturing facilities and retail marijuana testing facilities, and retail marijuana social clubs, are expressly prohibited in this municipality.
No person or organization shall develop or operate a business that engages in retail or wholesale sales of a retail marijuana product, as defined by 7 M.R.S.A. §2442.
Nothing in this ordinance is intended to prohibit the lawful use, possession or conduct pursuant to the Maine Medical Use of Marijuana Act, 22 M.R.S.A. c. 558-C.
Section 4. Effective date; duration.
This ordinance shall take effect immediately upon enactment by the municipal legislative body unless otherwise provided and shall remain in effect until it is amended or repealed.
Section 5. Penalties.
This ordinance shall be enforced by the municipal officers or their designee. Violation of this ordinance shall be subject to the enforcement and penalty provisions of 30-A M.R.S.A. §4452.
Page 1 of 4
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Roger A. then read the proposed amendment to §105-17 of the Zoning Ordinance, which will be enacted only if the Ordinance Prohibiting Retail Marijuana is enacted. The amendment read as follows:
LAND USES RP SD GP FD SP
Retail marijuana establishments and NO NO NO NO NO
retail marijuana social clubs4
4See details in ‘Ordinance Prohibiting Retail Marijuana Establishments and Retail Marijuana Social Clubs in the Municipality of Shapleigh, Maine’ which was enacted at Town Meeting March 2017.
Roger A. asked if there were any additional questions?
Mr. William ‘Bill’ Porreca of 160 Apple Road, asked what the origination and inspiration of the proposed ordinance was? Roger A. said that the inspiration to present this was because at this time the Legislature has over 50 bills regarding the issue of the sale of marijuana and nothing to date has been enacted, and they may not enact anything for quite some time. Roger said that the Town had the option of waiting to see what the Legislature was going to do or enact a prohibition, and then revisit the issue once the Town knows how the Legislature is going to regulate it. Once legislation is enacted, the Town can either regulate it the same as the State or put forth more strict revisions to the State policy. He said the only other way to handle this was to do a moratorium and that would only be good for six months; it does not appear that the Legislature will have acted on this within that time frame. Roger said based on this, the Town felt the best thing to do was prohibit retail sales until more information on the State level is presented.
Mr. Porreca asked if the Planning Board initiated this? Roger A. said the Planning Board initiated it and it is backed by the Selectmen. He said that the board brought it to the Selectmen first, to see if they were interested in putting it in the Ordinance or if there was another way they wanted to review it. Roger said because all businesses currently go through the Planning Board, it seemed before the Planning Board and in the Zoning Ordinance would be the best place for this to be. Roger said the board members agreed at this time, complete prohibition was the way to go. He added that people are still allowed to have it for personal use, nothing changes with respect to that. This is for retail and social clubs only.
Mr. Porreca thanked the board for their time. He also said when he first saw this he thought it was a knee-jerk reaction but this now makes sense. Roger A. said it was a knee-jerk reaction in part because this had to be done before Town Meeting on March 11th, and the town needed to hold two public hearings prior to that time. He said otherwise there would have had to be a special town meeting. Mr. Porreca said that that cost money. Roger didn’t disagree but added that as long as he has been on the Planning Board he has never been in favor of special town meetings because they are usually geared toward a select group and not the general consensus on a subject. He believed with a special town meeting you don’t get a true representation of all the people in town. Typically it is only those in favor of the special vote that come to a special meeting.
Ann H. noted that all towns received the information regarding regulating the sale of marijuana. Mr. Porreca asked if there was a recommendation to create this ordinance. Roger A. said Maine Municipal sent out their guidance if you wanted to put an ordinance in place. They also gave guidelines with what a town needed to do for a moratorium. It was up to the town to decide if they wanted to do either or nothing at all at this time.
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Another audience member asked how this would become law? Did the Planning Board vote on it? Roger A. stated that the proposed ordinance would go to Town Meeting. He stated that the Planning Board holds the public hearings to inform the citizens what was in the proposed ordinance and because the board initiates
zoning changes, it goes through the Planning Board first, prior to being voted on. He stated that there were two hearings, then it would be brought up at Town Meeting as a warrant article, and then it would be voted on. The citizen said, “This will be at the regular Town Meeting, there will not be one just for the ordinance.” Roger said, right, it will be voted on at Town Meeting on the second Saturday in March.
Roger A. asked if there were any additional questions? There were none.
The public hearing close at 6:15 p.m.
The planning board meeting started at 6:30 p.m.
The minutes from Tuesday, January 24, 2017 were accepted as read.
Comprehensive Plan Survey Results
Barbara F. provided members with a copy of the Comprehensive Plan Survey Results. A total of 750 surveys were given out during the November election and a total of 170 surveys were received. Not all surveys had all the information asked for filled out, therefore, some questions did not have a total of 170 replies.
Barbara F. noted that with respect to the last question, which was a fill-in, she did not relist answers that were duplicate more than several times. The question, ‘What do you think are the most important problems facing Shapleigh?’ had the largest amount of answers in duplicate which was ‘protecting water quality’. This referred to both the ground water supply and the health of the lakes, ponds and streams in town.
The results of the survey can be obtained at the Town Hall during regular office hours.
Nothing further was discussed.
Growth Permits – There are growth permits available.
The Planning Board meeting ended at 6:55 p.m.
The next meeting will be held Tuesday, February 28, 2017 at 6:30 p.m. The Planning Board meets the 2nd and 4th Tuesday of each month unless it falls on a holiday or Election Day. Any scheduled public hearing takes place at 6:00 p.m. prior to the scheduled meeting. Also, should there be a cancellation due to a storm event, holiday or Election, the meeting will typically be held the following Wednesday, also at 6:30 p.m. Please contact the Land Use Secretary if there is a question in scheduling, 207-636-2844, x404.
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NOTE: Beginning on the 1st meeting in November, the Planning Board shall meet beginning at 6:30 p.m. This schedule remains in effect until the first week in April.
Land Use Secretary email@example.com
April 28, 2017 9:30 PM