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Board of Appeals restores Tidewater Cultivation's nonconforming marijuana cultivation use at 1675 Lisbon Street with conditions
Summary
The Board of Appeals voted to reestablish a previously abandoned marijuana cultivation use at 1675 Lisbon Street for Tidewater Cultivation LLC, subject to completing earlier development-review conditions, submitting an updated site plan and applying for a new cultivation license.
The Lewiston Board of Appeals voted Jan. 15 to grant Tidewater Cultivation LLC a conditional use permit to reestablish a marijuana cultivation use at 1675 Lisbon Street, finding the property's abandonment and the applicant's reactivation fell within the ordinance's allowable timeline.
City planning staff summarized the timeline: the staff review committee approved development review for the cultivation project on Aug. 19, 2021; the city's marijuana ordinance changed in March 2022 to add new separation requirements; staff judged the property discontinued in March 2023 and abandoned in March 2024, which started a 12‑month window for resumption of a nonconforming use under Appendix A, Article 6, Section 4(C). Staff recommended the application could proceed if it met the conditional-use criteria and Article 6 requirements.
Counsel for Tidewater, Zach Branwin, and managing member James Duhamel told the board the project had been compliant with the earlier ordinance and that the change in separation requirements contributed to the property's current nonconforming status. Branwin said the facility's original construction and build-out were costly and that disputes with contractors contributed to the project's pause. He also told the board an agreement exists with the adjacent daycare in which the daycare has agreed not to object to cannabis uses at the property. Branwin described the ordinance change and setback alteration, saying, "The 1,000 foot setback went to or separation went to a 500 feet." (verbatim from counsel's remarks.)
The board moved, seconded and voted unanimously to grant the conditional use permit to Tidewater Cultivation with the following conditions recorded on the motion: completion of the development-review conditions of approval dated Aug. 19, 2021; submission of an updated site plan to be signed by the director of the Department of Planning and Code Enforcement (or designee); and application for a new marijuana cultivation license with the clerk's office because the prior license had expired.
The applicant indicated it can meet the conditions and timelines necessary to resume operations. The board recorded no public opposition at the hearing.
