Landlord appeals cease of marijuana operations

May 28, 2014 7:17 PM

YORK, Maine — The owner of a building where medical marijuana is being grown has filed an appeal of the town’s notice of violation and order for corrective action.

Robert Grant of Eliot filed the appeal Wednesday at York Town Hall, according to Appeals Board Assistant Reenie Johnson.

The case is scheduled to be heard by the Board of Appeals Wednesday, June 25, she said.

Grant owns 17 White Birch Lane in York, the site of several medical marijuana growing operations.

The town’s notice of violation orders Grant, as landlord, to cease operations until, and if, the land use is approved by the Planning Board.

Grant, through attorney Durward Parkinson, the former town attorney, said the property has received valid building permits from the town’s Code Enforcement Office for warehousing, manufacturing, storage and workshops, according to the application for administrative appeal. These permits have not been appealed, he said. Further, the York Police Department verified there are no issues from its perspective preventing cultivation of marijuana by licensed caregivers, according to the appeal.

“Under Maine law, these unappealed building permits remain valid even if issued in error,” Grant said in the appeal.

Grant said traffic generated from the property is minimal and that marijuana cultivation creates no odor issues for neighbors, according to the appeal.

Also, as the town is currently proposing an ordinance amendment to clarify where marijuana cultivation is permitted under town zoning, there is an ambiguity, he said. Maine law provides that in such cases, the ambiguity should be interpreted in favor of the land owner, he said.

At least five people are growing medical marijuana at a warehouse facility owned by Grant on White Birch Lane, according to Community Development Director Steve Burns in the notice of violation and order for corrective action he issued on April 30.

York officials have not shut down operations as Grant goes through the appeal process, according to Burns.

The growing of marijuana for medical use came to the attention of town officials earlier this year after neighbors complained of smell and increased traffic, according to comments made at the time by Police Chief Doug Bracy.

State law allows for growers, as “caregivers,” to cultivate up to six blooming plants for themselves and up to five patients.

Burns has said he is only concerned with land use. The use was never formally presented to, or approved, by the town, he said in the notice.

Burns has proposed an ordinance for the November ballot that would limit medical marijuana cultivation to a section of the commercial Route 1 zone, an area roughly between the former Bournival dealership north to Wild Willy’s Burgers.

We reserve the right to remove any content at any time from this Community, including without limitation if it violates the Community Rules. We ask that you report content that you in good faith believe violates the above rules by clicking the Flag link next to the offending comment or fill out this form. New comments are only accepted for two weeks from the date of publication.

Source

Landlord appeals cease of marijuana operations