by Mary Grow

Vassalboro select board members spent the first 90 minutes of their Oct. 16 meeting hearing an appeal from codes officer Eric Currie’s denials of two marijuana – now called cannabis – business license renewals.

They upheld the appellants on one and postponed a decision on the other.

The properties involved are two buildings licensed for growing cannabis, one on Old Meadows Road, off Riverside Drive, toward the south end of town, and one on Sherwood Lane, off Riverside Drive, toward the north end of town.

An early question was sorting out whether the applicant was Leo Barnett or his son, Andrew Barnett, or both: attorney Seth Russell, from the Zerillo Law Firm, in Portland, said he represented both men.

The Old Meadows Road building has been in use for several years. The Sherwood Lane building has not been used, according to testimony. The Barnetts, and, Currie said, other cannabis business owners in town, were late in applying for 2025 licenses, perhaps because Vassalboro was changing codes officers.

Vassalboro’s Cannabis Business Ordinance says licenses expire at the end of each calendar year, and renewal applications are due at least 90 days before a license expires. When Currie sent out reminders and the Barnetts still delayed, he denied their applications.

Currie was relying on Section K (1) of Vassalboro’s Cannabis Business Ordinance, which says that a license, and any vested rights to operate, “shall be forfeited” if the business “Fails to obtain a new license prior to expiration of an existing license.”

Russell argued that Currie had misread the ordinance. In essence, he said all that was forfeited was the existing license, not the right to apply for a new license.

Town attorney Patrick Lyons, of Viridian Law, in Bangor, disagreed with Russell, saying the ordinance language clearly says the right to run the business is lost if the application for renewal is not timely.

Another ordinance provision seems to allow late renewals, saying that if an owner does not apply on time, the business closes until a license is granted, and select board members may set a late fee.

Russell said these provisions did not permanently close a business, and if the town ordinance seems self-contradictory, the problem is the town’s, not the Barnetts’.

Select board members voted unanimously to allow the Barnetts to submit a license application for the Old Meadows Road facility, because of the confusion caused by changing codes officers and because it is an existing business. Currie said there are between four and six growers in the building.

Because the Sherwood Lane building is not in use and has not been, board members decided they need more information before acting on that appeal. They recessed the public hearing to 6:30 p.m. Thursday, Nov. 13.

The Barnett hearing was followed by three more hearings, on the three referendum questions Vassalboro voters are asked to decide Nov. 4. By the time the first of those hearings was called to order, the audience consisted of two residents, one of whom soon left. Town Manager Aaron Miller talked briefly about the questions, which ask voters if they want to

— Authorize using up to $19,220 from surplus to pay auditing bills;
— Increase the number of select board members from three to five;
— Approve amendments to the town’s Tax Increment Financing (TIF) document.

The other major business Oct. 16 was continued discussion of a new capital expenditures plan. Resident Frank Richards has been studying the issue; he plans to have a presentation ready for the Nov. 13 select board meeting.

With the town’s fiscal year one-quarter over, Miller said finances seem to be in good shape. Having the new part-time office employee (and youth sports coordinator), Danielle Brox, has been helpful, he said.

Looking at future meeting dates and holidays, board members scheduled only one meeting in November (Thursday, Nov. 13) and one in December (Thursday, Dec. 11), with the option to add special meetings if needed.

The next regular Vassalboro select board meeting is scheduled for 6:30 p.m. Thursday, Oct. 30.