Abutter’s attorney says court’s decision has been appealed

Shaun Farrar

Oct 29, 2025

The Bar Harbor Story is generously sponsored by Acadia Psychiatry.

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TREMONT—At its October 28 meeting, the Tremont Planning Board conditionally approved the application of Madelon Brogdon for Pointy Head Campground. That application was originally submitted approximately four years ago.

The board previously denied the application twice before. Both times those decisions were appealed by Brogdon to the Maine Business and Consumer Court.

In a September 18, 2025 ruling, the board was instructed by Judge Michael A. Duddy to issue the permit because the first time the case was remanded back to the planning board it failed to make specific findings of facts as instructed in that first court ruling.

The application’s conditions of Tuesday night’s approval preexisted the court’s September 18 ruling and are listed below.

• “The planting plan must be revised to show height of trees and height of fence in the 163’ section raised from 8 feet to 10 feet.
• “If the project requires filling of more than 100 cubic yards, a separate permit must be obtained.
• “Each campsite which is equipped with a fire pit may only be constructed with masonry or metal, and which must be inspected and approved by the fire chief.
• “Prior to occupancy, the property owner must secure all state licenses.”

Member Renee Hodgdon was absent from Tuesday night’s meeting, but the normally five-member board still had a quorum with three members present. The board’s chairperson seat is currently vacant due to the resignation of former chair Mark Good.

After some discussion regarding how to proceed with what appeared to be a nontypical situation for the board, the application was approved by the making of three initial motions and then two reworded motions that occurred after input from the abutter’s attorney. All of the motions were approved unanimously by the three members in attendance.

The first two of the three initial motions approved the two sections of the application on which the denials had been originally based and had never previously been approved. The third motion was for the overall approval of the application based upon the court order.

All three of the motions were made by member Beth Gott and were seconded by member Ben Harper.

The first motion was “I move to find that the project meets the standards in the Tremont Site Plan ordinance, Article VIII. C. ‘Access into the Site.’”

The second motion was “I move to find that the project meets the standards in the Tremont Land Use Ordinance, Article VI. I. ‘Roads, Driveways and Driveway Openings Standards.’”

The third motion was “I move to approve the application of Madelon Brogdon based on the findings of fact contained in the decision dated October 28, 2025.”

After the third vote, the abutters’ attorney Dan Pileggi asked if he could speak to the board. Pileggi said that the first two motions did not contain any findings yet there were findings contained in Code Enforcement Officer Angie Chamberlain’s proposed decision. Pileggi said it might be wise to add those findings to amended motions.

Pileggi also said, “So, just for disclosure right, I am appealing, I am going to appeal that decision and to the fact that he told you what to do and that’s what you used as the basis of your ruling. That doesn’t hurt, it’s consistent.”

Vice Chair Brett Witham made a new motion stating, “I make a motion to find that the project meets the standards in the Tremont Site Plan ordinance, Article VIII. C. ‘Access into the Site’ because the existing site access will remain, is level, and has adequate sight distances in both directions. Access to the campground is through the commercial fisheries maritime activities zone. And on that basis, and with that provision to the decision pursuant to the court’s decision, I am going to move to find that that standard has been met.”

Harper seconded Witham’s motion and it was unanimously approved.

Witham made a second new motion stating, “I am going to move that we approve the (driveway) permit in accordance with and pursuant to the court’s order in the matter before Judge Duddy.”

Gott seconded Witham’s motion and it was unanimously approved.

Pileggi said that he has appealed Duddy’s ruling to the Maine Supreme Court and also said that this case may have to go through the town’s municipal appeals process now as well.

The next meeting of the Tremont Planning Board is scheduled for November 3, at 6 p.m., in the lobby area of the town office’s main floor and not in the Harvey Kelley Meeting Room.

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LINKS TO LEARN MORE

Pointy Head Application Draft

13MB ∙ PDF file

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Court Orders Tremont Planning Board To Approve Campground Application

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