OLD ORCHARD BEACH — A few town councilors have voiced concerns over a proposed ordinance to regulate non-residential medical marijuana grow facilities.
The town is currently under a moratorium for such facilities to give it time to develop a zoning ordinance to regulate them.
The issue came to light when resident Pierre Bouthiller proposed a medical marijuana research and grow facility at 60 Saco Ave. Typically, medical marijuana is grown at a licensed caregiver’s residence.
The Planning Board has recommended a proposed ordinance that would allow medical marijuana growing and research facilities in the General Business 1, General Business 2 and the Planned Mixed Use Development districts as a conditional use. Under the proposed ordinance, such facilities would have to meet specific requirements for approval, including regulations concerning distance from schools and other medical marijuana production facilities, as well as standards for the outside appearance of the facility.
Councilors Jay Kelley and Kenneth Blow both voiced concerns over the possibility of such facilities in the Planned Mixed Use Development district.
“Isn’t that right in the heart of the school district?” asked Kelley.
The original ordinance proposed by town staff did not include the Planned Mixed Use Development district. Town Planner Jeffrey Hinderliter said at a November meeting that “it just didn’t seem like a good fit,” as the district includes a golf course, The Ballpark and schools.
Blow said he thought the Planning Board used “poor judgment” when it voted to recommend non-residential medical marijuana grow facilities be allowed in the Planned Mixed Use District.
“I’m very dismayed,” he said.
Blow was also concerned that people living or doing business near a medical marijuana grow facility would complain about odors, and it would be difficult to enforce what was allowed as odor was difficult to measure.
Police Chief Dana Kelley said it if a non-residential grow facility was allowed in town, there was a possibility that air filtration standards could be enforced.
Councilor Joseph Thornton said though he supported medical marijuana, he’d rather keep grow facilities out of Old Orchard Beach. He said he was interested in hearing ideas from residents at an upcoming public hearing and coming up with a solution that had the least impact on the town, because it would be “a major impact” if Old Orchard Beach was sued for not allowing medical marijuana to be grown.
— Staff Writer Liz Gotthelf can be contacted at 282-1535, ext.325 or egotthelf@journaltribunecom.
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