Madison Voters to Consider Setback Rules, ATV Access and Cannabis Laws

Madison voters gather on Tuesday at the Main Street Middle School auditorium to decide whether to shrink the mandatory property-line setback for structures from 15 feet down to 5 feet, centralmaine.com reported.

The special town meeting, scheduled for 7 p.m. at 205 Main St., requires a minimum of 50 participating voters to establish a quorum. Alongside the building rule changes, the warrant includes proposed ATV road access and revised medical cannabis regulations.

Town planning and select boards both recommend the setback amendment. Contractors and in-town residents brought the idea to the planning board months ago, according to Town Manager Cheyenne Stevens.

Fences and hedges shorter than 6 feet would remain exempt from the requirement. Heating and air conditioning units could extend 24 inches into setback zones, while decks, solar devices, steps, terraces, bay windows, chimneys, eaves, awnings, swimming pools, hot tubs, and campers must still meet the full 5-foot limit.

Voters will also weigh authorizing all-terrain vehicle access on Lower Mills Road from East Madison Road to the Cornville town line. Another requested route is the village portion of East Madison Road where speed limits do not exceed 30 mph.

Residents in the area requested the expansion, Stevens said. Because East Madison Road is a state highway, any town approval remains subject to review by the Maine Department of Transportation.

On the cannabis front, officials are asking voters to raise the maximum cap on licensed medical cannabis establishments from three to four. Madison currently hosts four such businesses, down from five when voters enacted a restrictive limit in 2024.

New legal counsel from the Portland law firm Bernstein Shur advised that the town ordinance should accurately reflect the active business count. Lawyers also recommended clarifying rules on grandfathered sales and removing liability clauses for property owners who lease space to cannabis operators without owning the businesses themselves.

“The proposed amendments are intended to address these specific legal issues rather than introduce broader changes to the ordinance,” Stevens wrote in an informational handout.

Tuesday’s agenda also features a presentation on the town’s comprehensive plan update by a contracted planner from the Kennebec Valley Council of Governments. That presentation fulfills a grant funding requirement, with a formal town-wide vote on the 10-year plan expected at June’s annual town meeting.