“A legacy of ashes”
JUL 18, 2024
MOUNT DESERT—On Wednesday, Mount Desert’s attorney, Andrew Hamilton, sent an email to two Mount Desert officials with news that they didn’t want to hear.
“I wanted to formally notify you that, as of the end of last week, Attorney Grady Burns filed a notice of appeal of Justice McKeon’s decision affirming the Planning Board decision in the MD 365 application review,” the attorney based out of Eaton Peabody wrote to Town Manager Durlin Lunt and Code Enforcement Officer Kim Keene.
The appeal, if taken, would bring the case to Maine Supreme Court.
The case focuses on a proposed subdivision on Heel Way, which is located at the intersection of Manchester Road and Neighborhood Road in Village Residential One. Seven Northeast Harbor residents appealed the town’s approval of the plans to develop the homes, which would be two duplexes and one new single-family home. A total of six homes would be in four structures.
According to the project’s website, “An existing five-bay garage structure will be renovated and used for additional storage space by future residents.”
Plaintiffs appealed the Planning Board’s decision because they felt that the equation used to determine the density of the area was in error even with the workforce housing density bonus in the town’s ordinance. They also said the town board made legal errors in its approval.
However, Judge McKeon upheld the town’s decision. Now, the plaintiffs—Ann Cannon, Marc Cannon, Melissa Cannon Gurz, Lamont Harris, Stuart Janney, Joseph Ryerson, and Lynne Wheat—have filed another appeal—this time it is of the court’s decision.
“I am deeply disappointed by the selfish actions of a few individuals who think only about themselves and not the future needs of the town,” Lunt said. “(It’s) a very different attitude than I remember growing up in Northeast Harbor.”
He wasn’t the only one disappointed.
Mount Desert 365 Director Kathleen Miller said in a press release issued July 16, “Mount Desert 365 is deeply disappointed by this new appeal. It will add delays and expenses to much needed year- round housing. It will also add to the legal expense of the Town of Mount Desert as it defends the Planning Board decisions.”
The town, she said, has spent more than $55,000 on fees, meeting engagement at Planning Board, appeals, and staff time on the court case. Mount Desert 365 has championed the project. According to its mission statement, Mount Desert 365 is a “community-based organization dedicated to promoting long-term economic vitality of the town of Mount Desert, Maine, through expansion of sustainable year-round residential communities and economic revitalization of commercial districts.”
“It is unclear at this time on what grounds the new appeal will move forward,” Miller wrote.
For Lunt, it’s about more than that. This is about getting lights on again in the town he grew up in, works for, and loves. It’s about a town that needs more affordable housing, he has said at numerous meetings.
The Heel Way Subdivision is meant to provide year-round housing. It was approved by the Mount Desert Planning Board in October 2023. The next month, it was appealed to the Business and Consumer Court and heard May 28, 2024 with a June 24 decision denying that appeal and supporting the Planning Board’s decision.
“Theirs will be a legacy of ashes. They will be infamously known for making affordable housing unaffordable,” Lunt said.
Burns has not responded to our request for a comment. If he does, we’ll update the story.
LINKS TO LEARN MORE
MDI HOUSING SOLUTIONS INITIATIVE
Can a Town Pass the Halloween Test?
·
MAR 1
Bar Harbor Story is mostly a self-supported publication. To receive new posts and support our work, please consider becoming a free or paid subscriber. Thank you for being here with us and caring about our community, too!
Thank you for reading Bar Harbor Story . This post is public so feel free to share it.
If you’d like to donate to help support us, you can, but no pressure! Just click here.
Discover more from Bar Harbor Story
Subscribe to get the latest posts sent to your email.