Rest of the Proposed Land Use Amendments Will Be on November Ballot & Bar Harbor Issues Statement on Last Week’s Federal Cruise Ship Decision
The Bar Harbor Story is generously sponsored by Acadia Shops.
BAR HARBOR—One potential land use ordinance amendment will not be heading to Bar Harbor voters in November after the town’s planning department requested it not be moved forward.
An amendment that was meant to clarify how much land is required for each site in a campground, which had been previously unclear, Gagnon told warrant committee members last week. The change was meant to provide for consistency with state standards for campground licensing.
However, at that warrant committee meeting, some members worried about the potential changes during a discussion that ranged into what is a campground and how campgrounds with yurts and cabins might (or might not) work with current definitions.
Warrant Committee member John Kelly said a campground is where you bring a shelter, whereas in some cases people currently rent a pre-existing structure at a campground. He was concerned about “similar shelter” wording in the definition. Committee member Shaun Farrar brought up similar concerns.
The planning department agreed.
Bar Harbor’s process for these sorts of amendments to town rules requires review and public hearings by the town council, planning board, and then warrant committee, before the council ultimately determines whether or not the changes are placed before the voters.
“The process worked. We had good comments at the warrant committee,” Gagnon said to the council August 19.
She then requested that the campground changes not be moved to the town warrant. The council agreed.
She further explained that the reason was the warrant committee’s discussion about an inconsistency in the new language which talks about similar shelter and how the new definition was talking about tents, recreation vehicle, or other similar shelter that was “clearly allowing things that might not be traditional to a campground like yurt or cabin,” she said.
“It starts getting really blurred,” Gagnon said.
Town Manager James Smith said the original intention was to standardize across two different zoning districts and the changes may have expanded the definition in unintended areas, which is why the staff is going to review and work more on it.
PUBLIC HEARINGS ON LAND USE ORDINANCE AMENDMENTS
No one from the public spoke to the changes concerning two-family dwellings, capacity letters, site plan and subdivision plan review, or shoreland zoning.
Town Councilor David Kief was worried about the lack of parking standards in the capacity letter language in the amendment.
The amendment doesn’t change standards, Gagnon said. It is just about the timing of the capacity letters.
“The amendment does not propose a change in the standards,” Smith said.
Changing parking standards would be a different process. This amendment is just about changing the administrative process, he said.
Kief also worried about changes in the site plan review process. After expressing his concerns, he voted with the council to move the potential amendments to the voters. All votes were unanimous.
The amendments that were moved forward will be on the November ballot. Voters will also see if planning board and warrant committee members recommend passage of the amendments.
At a July 2 meeting, planning board members moved to recommend all the proposed amendments to the town council for a public hearing at the council level. The board also unanimously recommended that each amendment be passed if the council moves them forward.
COUNCIL COMMENTS
During councilor comments, Steven Boucher said he was grateful for all the department heads and town manager for all the work they do.
Earl Brechlin also thanked Fire Chief Matt Bartlett and all the departments who responded to the fire in Acadia National Park.
Brechlin also questioned School Street still being closed for the Jesup Memorial Library construction project.
Randy Sprague agreed about School Street.
“It seems obvious that it can be used,” he said of the street and opening a lane on the one-way road for traffic.
“It’s been closed a long time,” he said.
Smith said he’d reach out to Millard Dority, the project manager, about the project, and street closure.
Council Chair Val Peacock said she also appreciated everyone’s work. The council, she said, will be having a goal setting workshop and special amusement permit review.
Town of Bar Harbor’s Statement on First Circuit Court Decision
Thursday morning, the town also issued a statement on its website about the recent federal appeals court decision remanding a portion of the cruise ship case opposing the town’s disembarkation limits.
The town wrote:
“The First Circuit Court of Appeals largely affirmed the Town’s efforts to limit the congestion caused by unsustainable cruise ship visitation to Bar Harbor by capping the volume of cruise ship passenger disembarkation. In doing so, the First Circuit reaffirmed the town’s broad home rule authority to enact reasonable regulations to protect the health, safety, and character of our community.
“The First Circuit also sent one claim back to the District Court to clarify whether the burden the cruise ship disembarkation cap places on interstate commerce is clearly excessive compared to the local benefits of the cap. We remain confident that the Town will prevail and will continue to vigorously defend the ordinance and our right to manage cruise ship disembarkation. We anticipate that this process will take several months to complete.
“In the meantime, the existing ordinance (Section 125-77(H)) and the implementation rules (Chapter 52) remain in effect and will continue to be enforced.”
Our August 12 article about that decision is here.
LINKS TO LEARN MORE
Site plan and subdivision review
- Decision of the First Circuit Court of Appeals
- More documents in this and other legal cases on the Cruise Ship Information page.”
Five Ways Bar Harbor’s Land Rules Could Shift This Fall
UPDATED: Bar Harbor’s Cruise Ship Limits Lawsuit Partially Remanded to Lower Court
Disclosure: Shaun Farrar is my husband and a co-owner of the Bar Harbor Story. He is also on the Bar Harbor Warrant Committee.
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