Coast Guard's Security Zone Could Put a Hitch in Bar Harbor's Marina Plans
BAR HARBOR—The Bar Harbor Harbor Committee met via Zoom on Monday and discussed whether a security zone around the CAT Ferry is a potential problem for the town’s future marina at the same location.
The town has been studying options for a public-use marina at the site for years.
Dessa Dancy, acting as a member of the public, spoke during the meeting about her concerns that when the CAT, an international ferry run by Bay Ferries on Route 3, uses part of the site, a security zone of about 100 yards around the vessel would mean that many of the options in the draft ferry plan by Daniel Bannon of GEI could not be used.
“There are major problems with the three versions of Concept A if the security zone is in place,” Dancy said. All versions of concept A are if the ferry continues to run out of the site.
Though she supported a marina at the location, Dancy was worried about the submerged land lease and security zones. There is a Coast Guard enforced, 100-yard security zone around the CAT, she said.
“That covers almost all of the marina,” she said and almost all of its facilities, meaning that the plan is unfeasible because it could not be used when the CAT is there. The final findings when the submerged land use lease was issued for the ferry terminal improvements, she said, has a section under the public access section regarding the Coast Guard security zone.
Harbor Committee Vice Chair Larry Nuesslein said that he brought up the question of security a while ago. He has heard verbally from the Coast Guard that they wouldn’t interfere with operations of a marina at the ferry terminal. He said he could write a letter to the Coast Guard and ask them how they would interpret the rules and if they would interpret the rules about security for when the ferry was in route rather than when docked.
Committee member Bob Garland said, “I’m kind of disturbed.” He said GEI had said that security wasn’t an issue. “This is a huge elephant for things. I’m just totally taken aback by it.”
Carol Chappell said she’s been asking about this for two years and that she’s been asking for an official opinion.
“The marina cannot be a fully functional marina if Bay Ferries is in port,” she said if the security zone issue is correct.
According to Acting Chief Executive Officer of Northumberland Ferries/Bay Ferries Mark Wilson, the lease between the town and Bay Ferries has been renewed for 2024.
A Coast Guard representative said that he’d update the Bar Harbor Story with answers to the below questions, once he was sure that those answers were correct.
Those questions were:
Currently, does the Coast Guard have a 100-yard security zone around the CAT?
If so, what does that entail? Does it mean that no moving and stationary boats can be within that distance? Does it only apply to marine vessels?
If so, does this apply for both when the ferry is moving and stationary?
If the town builds a marina on the portion of the ferry terminal site, would that security zone mean that the marina could not be used when the CAT is docked and moving within 100 yards of it?
OTHER MARINA PLAN DISCUSSION
GEI said that a representative would be back at the December meeting with updates from the last meeting, which would be the company’s final deliverable to the town. The grant deadline is December 31, so voting on it at the committee’s January meeting would be past that grant deadline.
Dancy asked for copies of the draft masterplan to be available to the greater public at an easily accessible spot on the town’s website. A copy of the draft proposed plan in its current form is below via the Harbor Committee’s packet for its meeting. That plan is likely to be tweaked for the December meeting and not the final one presented.
Bob Collier said, “The only one thing that the town really needs is a boat launching ramp.”
The proposed ramp doesn’t work well he said. One of the reasons for that is that the ramp doesn’t allow for side loading, which is essential for working waterfronts. It’s an issue that committee member Jon Carter brought up in October as well.
Collier also said that the best place for the launching ramp is the south side of the property and that there could be a floating walkway on one side. “You’ve spent enough money that they could have built that already,” Collier said.
Garland also said he preferred the launch on the south side.
Harbor Committee Chair Kaitlyn Mullen said GEI may have that tweaked for December. According to GEI, the south side ramp may have boundary issues, Mullen said.
Chappell said that the town’s Land Use Ordinance stipulations in that district state that there is a minimum side setback of twenty-five feet, which is what is impacting the south side pier placement. Collier said he believed that the DEP also requires a 25-foot side setback. Committee member Jeff Miller suggested a variance or something cooperative with the neighbor to deal with that setback if that was the way the town went.
Mullen operates several boats that dock on the adjoining property that faces the property’s south side.
“That would heavily impact our operations,” she said if the dock had that placement. The current plan also impacts their operation, she said, but she’s unsure of the extent, and that impact would relate to the time of recreational uses if that occurs on the south side. Commercial use there would impact her operations less.
Garland asked if GEI had ever sent a list of stakeholders that the company contacted. There has been no list of who the company contacted. That list had been asked for, but not received. Miller asked Collier if he’d ever been contacted. He had not.
Dancy said it would be helpful to have the submerged land lease boundaries on GEI’s map and proposal.
“It’ll be interesting to see what GEI brings forth next month,” Miller said.
OFFICERS ELECTED
The Harbor Committee had a quorum Monday. The six committee members attending (Andrew Keblinksy, Larry Nuesslein, Robert Garland, Jaime Weir, Kaitlyn Mullen, and Jeff Miller), elected new officers, Mullen was elected chair, Nuesslein to vice chair, Weir to secretary.
“It sounds to me like a good slate,” Garland said.
There were no other nominations. They accepted and voted in the officers as a slate.
Jake Jagel, Dessa Dancy, Val Peacock, and Carol Chappell also attended. Harbormaster Chris Wharff was on vacation and not at the meeting. Harbor Committee member Pancho Cole arrived after the vote for officers.
HARBORMASTER UPDATE
Mullen said that Wharff sent her an update via email, which she read.
Most of the fisherman have headed to Northeast Harbor. Army Corp of Engineers toured the breakwater November 7. Construction in 2025. Skiff float contract bids should go out in February. The new hoist seems to be working well, he said. He will be back in the office on November 21.
Nusselein said that they might have barges by Bald Porcupine and start the work there where the breakwater is most broken down. They also said that they hoped to do it mostly in the offseason so as not to disturb the lobsters, so winter.
“They are just coming up with ideas right now and the best way to do it,” Nuesslein said.
NEW FLOATING PIERS
Bob Collier of Frenchman Bay Boating Company came before the committee to check to see if a new floating pier would cause a problem with navigation in the area. He hoped for a letter from the committee stating that there were no objections from members or members of the public. That’s what he got. The committee unanimously voted to show that they saw no issues with the float pier arrangement as presented.
Collier said that people who bought half the Uliano lot on Shore Acres Road would like to have access to the water and there is a history with that lot having a permanent pier.
This pier is 160 feet plus 24 feet for the float at high tide. There will be four 40-feet long sections leading to a float at the end. The walkway is four feet wide. The first section is just below the high tide mark and would lay on the beach at low tide. Everything is completely removable, Collier said. Even the attachment on shore (an eight by eight platform) is removable. It would not be there year round. It would be there seven months or less and would be right on the surface of the water.
Nuesslein asked if Collier asked about any lobsterman concerns
“It’s not out in the fairway at all. There’s no lobster gear out there at all,” Collier said.
“It’s too shallow for lobster fishing,” Mullen said.
The original lot had a much differently constructed pier proposed and initially approved by the Bar Harbor Planning Board in the early 2000s. That pier, which was granite and wood and extended 95 feet from the Salisbury Cove property inspired controversy and litigation.
