TOPSHAM

Following a 45-minute discussion about whether to schedule a special town meeting to consider stalling or banning the sale or use of commercial fireworks, the Board of Selectmen voted unanimously to continue work on a fireworks ordinance to bring to a May 2012 town meeting.

On Jan. 1, a new state law goes into effect legalizing the sale and possession of consumer fireworks, which excludes flying explosives.

At the board’s previous meeting, selectmen decided to place a questionnaire on the town’s website to gauge interest in the sale and use of fireworks in town, Town Manager Cornell Knight said. Asking if the town should ban the sale of fireworks, the response was 104 “yes” to 105 “no.”

Asked if the town should ban the use of fireworks, the response was 95 “yes” to 91 “no.”

Bill Fitzsimmons said at last Thursday’s meeting that he collected more than 130 signatures on an informal petition of people opposed to the sale and use of fireworks in Topsham.

Chairman Donald Russell said that it was up to the board to continue the discussion and decide what direction to take. The board had two sample town meeting warrants to consider in case it wanted to call a special town meeting Dec. 28.

“We can decide if you want to go the route of trying to slow this down for 180 days until we get a full-blown ordinance written that would control the use and sales of fireworks in town, and we’ve got one here that would just prohibit the sales of fireworks in town,” Russell said. “In essence, what it would do is put those people on notice who, if we didn’t have anything, would come in and maybe want to build a store and put a store up just to sell fireworks. And we wouldn’t have anything in place to regulate that other than state criteria.”

Selectman David Douglass said the board’s online survey basically resulted in a 50-50 split on banning the sale and use of fireworks. He said he sees no burning desire on either side of the issue to have a town meeting, and opined it would be appropriate to follow the process the town has already started.

Russell said that if someone wanted to build an outlet to sell fireworks in town, the town wouldn’t have any ordinance to regulate that business other than the retail sales regulations. Douglass said the state has regulations for fireworks sales, but Russell said the state doesn’t regulate where it would go. Also, “by state statute, we cannot prevent the possession of fireworks, no matter what we do,” Russell said.

Selectman Andrew Mason argued of any potential fireworks retailers that, “ if they’re going to come, they’re going to come in the areas that we want them to be in anyway if we were going to do an ordinance.” He added later, “I don’t want to stop a business that has the potential to bring in some jobs and is somewhat retail-oriented,” from locating in a retail district in town.

John Shattuck, the town’s economic and community development director, told selectmen that the siting requirements under state law requires a 60- foot setback from the nearest building, that the building must be a stand- alone building that meets federal fire codes, and that there is a 300-foot setback from any depot or dispensary of fuels — requirements that limit where such a structure could go in town.

Shattuck confirmed Friday that he has received two inquiries, one directly from an individual interested in selling fireworks.

Fitzsimmons said that his “major concern right now is the interim period between January and May town meeting.”

“I have no problem whatsoever postponing this to the May town meeting and having a full blown discussion among the citizens,” Fitzsimmons said. “But I definitely think it would be a big mistake to allow the state law to go into effect Jan. 1.”

Comments continued about why fireworks should and shouldn’t be banned, touching on issues from personal safety to economic development.

Russell stated he was in favor of putting the question before a town meeting, and said he was concerned that “ we’re making a decision here based on the comments of a few people in this room and ourselves, rather than following through with a town meeting and giving the choice of the warrant that they can either vote down or vote up.”

Based on the comments made Thursday, however, Russell concluded the discussion with a motion that the board votes “to do nothing on this ordinance until we have time to put something together for May town meeting.” The motion was supported unanimously with a 5-0 vote.