Vassalboro select board gets legal advice on marijuana business ordinance amendments

by Mary Grow

Vassalboro select board members got lots of legal advice at their March 30 meeting from attorney Stephen E. F. Langsdorf, of the Augusta law firm Preti Flaherty.

Joining the meeting virtually, Langsdorf answered questions from board members and Town Manager Aaron Miller about possible amendments to the town’s Marijuana Business Ordinance, and about dealing with occupied mobile homes on which the town has foreclosed for unpaid taxes.

Former codes officer Paul Mitnik raised the marijuana ordinance issue: he would like to eliminate the exemption for medical growing operations using less than 1,000 square feet. Langsdorf said since the state allows the exemption, the town should, too, even if it contradicts the stated goal of the ordinance, which is to prevent new medical marijuana operations in Vassalboro.

The attorney further advised that town officials do background checks on license applicants even though state officials do them, too; that the reference to “adequate disposal” of waste in the ordinance be left unspecific, to allow for case-by-case examination; that the codes officer not enter growers’ enclosed premises without permission (or a court order if necessary); but that a Knox Box to allow emergency entry is a “sensible” requirement.

Select board members postponed further consideration of ordinance amendments.

Later in the meeting, Miller told select board members the town foreclosed on four properties. One the owner has redeemed.

Three under discussion include two mobile homes on leased lots. Langsdorf said they are treated as personal property, not real estate, and summarized ways town officials should deal with them.

The other major discussion March 30 was with Lauchlin Titus and John Melrose about new heat pumps at the town-owned Vassalboro Historical Society building, formerly the East Vassalboro schoolhouse. Titus and Melrose explained what they had done about getting bids and cost estimates. Select board members agreed by consensus they will continue the process.

The Efficiency Maine program is expected to cover part of the cost; select board members intend to take the town’s share from American Rescue Plan Act (ARPA) funds. Voters at the 2022 annual town meeting authorized the board to accept and spend ARPA money.

In other business March 30:

• Select board members extended the moratorium on new commercial solar projects approved last fall by another 180 days, after deciding they have authority to cancel the extension if town meeting voters on June 13 approve the proposed ordinance amendment governing such developments.

The proposed amendment would become Section XI of Vassalboro’s Site Review Ordinance. It is titled “Performance Standards for Commercial Solar Energy Systems.” A copy of the proposed amended ordinance is on the town website, Vassalboro.net, under the heading “What’s New in Vassalboro” in the center of the first page.

• Board members appointed Matthew Pitcher to the town Conservation Commission.
• They voted unanimously and without discussion to close the transfer station on April 9, Easter Sunday.
• They opened bids on waste hauling and asked Miller to organize the figures in a spreadsheet for their next meeting. The current hauling contract expires in August; representatives of two bidders at the meeting said their prices would still be good then.

Select board members intend to join school and budget committee members for a discussion of the 2023-24 school budget, scheduled for 7 p.m. Thursday, April 6, at Vassalboro Community School. The next regular select board meeting is scheduled for Thursday evening, April 13.