Mount Desert Planning Board Reapproves Heel Way Homes After Court Orders Clarity on Open Space Requirements
Dec 10, 2025
The Bar Harbor Story is generously sponsored by First National Bank.
NORTHEAST HARBOR—A six-unit workforce housing project in Mount Desert has once again being given the go-ahead by the Mount Desert Planning Board and its multiple page decision about open space was as well.
The approval came after the Maine Supreme Judicial Court told the town board in an August decision that it needed to specify how much open space was needed for the subdivision according to the town’s ordinances. The court had also ruled that the board should have done so when it first approved the project in 2023.
That open space requirement is from the town’s Land Use Zoning Ordinance. The Planning Board calculates how much open space is required according to the ordinance.
The project had been appealed by seven property owners in town. Those owners had also stated that there were too many units than allowed by the town rules. The court denied that.
The planning board approval came during a December 3 meeting, which lasted just 15 minutes and followed another approximately three-hour special meeting back in November. At that November meeting, the board members determined that the plans for the homes did not need more open space per the town’s ordinance.
The planning board’s newest approval also has a 30-day window of appeal.
The project’s application process began in 2023. Its planning board approval was appealed by a group of property owners to the Hancock County Superior Court and that appeal was transferred to the Business and Consumer docket and heard in May, 2024.
A month later that court had affirmed the application and denied the appeal. The plaintiffs appealed again with the Maine Supreme Judicial Court hearing final arguments in April 2025.
Mount Desert 365, a “nonprofit, community-based organization dedicated to fostering a sustainable year-round community while preserving its natural environment,” is in charge of the project. The Heel Way subdivision, along with other projects, is meant to help increase the year-round population of the town by bringing more affordable homes in Northeast Harbor.
LINKS TO LEARN MORE
The Maine Supreme Judicial Court’s ruling can be found here.
You can learn more about the Heel Way Subdivision project here.
To watch the planning board meetings, head to the town’s YouTube channel here.
https://www.youtube-nocookie.com/embed/xgIrGYa_x-Y?rel=0&autoplay=0&showinfo=0&enablejsapi=0
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