Newcastle Planning Board Chair Ben Frey (left) looks to Newcastle Town Planner Michael Martone to explain the proposed amendments to the town’s core zoning code ordinance, which define and regulate the retail sales of firearms in the vicinity of schools, during a public hearing the evening of Thursday, Sept. 19. (Piper Pavelich photo)
Residents shared statements of support and asked questions about proposed zoning code amendments concerning the retail sales of firearms near educational institutions during a public hearing hosted by the Newcastle Planning Board the evening of Thursday, Sept. 19.
The proposed amendments define a retail firearms sales facility as “a business that publicly displays or offers firearms … for sale to the public, where such firearms are available for purchase on the premises.” The definition does not include online-only displays or offers.
Additionally, the proposed amendments state a retail firearm sales use shall not be located within 300 feet of a primary or secondary school, or dormitory associated with a school.
Multiple attendees at the Sept. 19 hearing spoke in favor of the proposed amendments, stating they were glad to see the town is working to regulate retail sales of firearms near educational institutions.
“I’m a longtime educator in the community. I am not in favor of having a firearms retail establishment on Academy Hill, for lots of reasons,” said Lincoln Academy counselor Kristie Houghton.
Some had questions about how the board decided on the proposed distance between a property with a retail firearm sale permit and an educational institution, which is 300 feet.
Newcastle resident Celeste Mosher said that through her own research, she found that a sign 10-15 inches off the ground can be seen from roughly 450 feet away.
“There’s more to consider than just discharging a firearm, it’s suggestion and how students, or if anybody, is having a particular day, seeing signs like that and stuff, so I guess that’s another reason to maybe not have one on Academy Hill but also … visual distance from a school window,” she said.
Newcastle Town Planner Michael Martone said he and the board considered distances ranging from 100-1,500 feet.
Newcastle Planning Board Chair Ben Frey said the proposed distance aligns with state law, which prohibits the discharge of a firearm or archery equipment within 100 yards, or 300 feet, of a dwelling or building without the permission of the building owner or resident.
“It was a familiar one that we felt people were used to because folks in the hunting community know that rule,” said Frey.
The planning board has spent nearly five months working on the proposed amendments, as Newcastle voters approved enacting a moratorium to prohibit the review, consideration, or issuance of any permits or approvals for individuals looking to buy, sell, or trade in firearms during a special town meeting on May 13, with the moratorium set to expire on Saturday, Oct. 19.
The moratorium stemmed from an inquiry to Newcastle town office staff from the Bureau of Alcohol, Tobacco, Firearms, and Explosives in April about zoning regulations that prohibit the sale of firearms in close proximity to schools.
Following the inquiry from the bureau, Frey said town office staff was surprised to find that the town’s zoning code does not address the matter of firearm sales in proximity to schools. Frey went before the Newcastle Select Board on April 22 to request a moratorium regarding the issuance of retail firearm sale permits be put in front of voters.
Newcastle voters will consider their stance on the proposed amendments during a special town meeting on Tuesday, Oct. 15, in the Lincoln Academy gymnasium, at 81 Academy Hill. The Newcastle Select Board approved the special town meeting warrant, which solely includes the proposed amendments to the town’s core zoning ordinance, during its meeting the evening of Monday, Sept. 23.
The next meeting of the Newcastle Planning Board is at 6:30 p.m. on Thursday, Oct. 17 at the Clayton V. Huntley Fire Station, at 86 River Road.
For more information or to read the proposed amendments, go to newcastlemaine.us.
