Council Drums Away Outdoor Amplified Music at Lobster Pound
Other Council News, Hospital Traffic Brief, School Emergency Lights Malfunction
BAR HARBOR—Outdoor amplified music came under scrutiny at the Town Council’s September 20 meeting and after neighbors complained, an application by the Bar Harbor Lobster Pound was denied.
Both Side Street Café (49 Rodick Street) and Bar Harbor Lobster Pound (414 State Highway 3) requested permits. Side Street wanted a class 3a for three or more musicians with mechanical amplification. This was not for outdoor music. However, the Bar Harbor Lobster Pound requested a class 2ap, which is for two musicians with outdoor mechanical amplifications.
THE BAR HARBOR LOBSTER POUND REQUEST
Scott Hughes of Stony Brook Way began the neighbors’ testimony against the request of the business. Neighbors from Stony Brook, the Best Western, and Owl’s Nest Lane advocated against the permit to play outdoor, amplified music.
Hughes said that he doesn’t feel the amplification is needed to cover the area and said it is out of character for the location. Many agreed. Neighbor after neighbor stressed that outdoor amplification of music degraded their neighborhood. Some suggested it only belonged in town Bar Harbor.
Former Town Manager Dana Reed, also of Stony Brook Way, opposed the permit and was opposed to the amplification of music outdoors anywhere in the town of Bar Harbor. He thinks people should be able to do what they want on their own property, but the right should end when it impacts a neighbor’s property.
He compared the music outside to have a dog gallivant on their own lawn and then straying onto the neighbor’s property. In another comparison, he said the 71 decibel level limit was too high and compared it to a vacuum cleaner constantly running.
He asked who would want to listen to a vacuum cleaner night after night.
Reed also mentioned that Aaron Jackson started offering outdoor music without having the appropriate permit.
Another Stony Brook Way resident said that live entertainment is important to the restaurant, but doesn’t want it heard in his own backyard. He said he also submitted a noise complaint last Thursday to the police department.
Jackson met with neighbors on Sunday and told them that the live amplified music was all part of the company’s business plan.
Stephanie Dion urged the Council to deny the request. She said multiple businesses having outdoor music will bring a negative impact to the national park. She said she’s supportive of indoor live music.
Pat North-Hughes, another neighbor said, “This area is not meant to have amplified music. We are the quiet part of Bar Harbor.” “We don’t even have street lights. We’re a part of nature.”
Jackson said he didn’t know he needed a special amusement permit and as soon as the town clerk told him he needed one, he asked for it.
“The last thing I’m trying to do is make waves in this community and upset my neighbors.”
He said even if the permit was approved, he would not have any more live music for the rest of the season. After hearing from the neighbors, he’s focused on building a stage on the backside of the property with walls and sound barriers. The music had been played directly toward Stony Brook previously due to the angles of the area. He said he’s just trying to play for two dozen tables outside.
The Best Western general manager said that people stay there because it’s serene and having live music outdoors is not beneficial to the guests there.
Councilor Earl Brechlin moved that the permit be denied. “I think when it goes beyond the boundaries of the business and into the neighborhood” it creates a quality of life issue, he said. Councilor Maya Caines seconded the motion, which passed unanimously.
Councilor Matthew Hochman said he thinks he’s the biggest supporter of live music on the Council and thinks that it should be almost everywhere. In this case however, complaints were issued past 9 p.m. and the fact that it occurred prior to a permit being issued is part of the problem.
Multiple residents said that outdoor amplification was allowed because of the pandemic.
“This ordinance was not because of the pandemic,” Hochman disagreed, but was because people had requested music be allowed outside.
Councilor Kyle Shank suggested that Jackson talk about his mitigation efforts with neighbors before he started building outside and reapplying. Council Vice Chair Gary Friedmann said that he wouldn’t encourage the applicant to come back with a mechanical amplification permit request.
The council unanimously denied the application
HISTORY OF OUTDOOR MUSIC PERMITS
In a September 4, 2020 for the Mount Desert Islander, now Town Clerk Liz Graves wrote,
“Businesses that hold special amusement permits from the town will be allowed to host amplified live music outside, within certain parameters, under an emergency ordinance approved by the Town Council Tuesday.
“Under the regular special amusement ordinance, no live music with mechanical amplification is allowed outdoors. But because indoor space at restaurants is so limited with social distancing requirements during the pandemic, more is happening outdoors this year.
“Councilor Matthew Hochman requested the change after hearing from several local musicians whose income depends on being able to play live gigs at restaurants. Under the emergency ordinance, groups of no more than three musicians may perform at establishments with special amusement permits, with one vocal microphone per performer, until 9 p.m. The change is in effect for at least the next two weeks, at which point the council will evaluate and decide whether to extend it.”
In April, 2021, Ethan Genter wrote for the Islander, that the town would be holding a public hearing to allow amplified outdoor acoustic music. It was an amendment that passed and was the same as the emergency ordinance created in September 2020.
Past Council packets show that this was discussed at the May 18, 2021 meeting as amendment 2021-04.
SIDE STREET APPLICATION
The Side Street Café’s application was not for outdoor amplification, but did elicit concerns from its rear abutter, Jim Glavine of Kennebec Street.
Glavine said that he’s been a supporter of Side Street since it began. His back door and the restaurant’s back door are 29 feet apart. He’s delighted that there is music in Bar Harbor. His concern is that the music has occurred this year without a permit. This, apparently, was due to a permit tracking glitch within the town.
“I think living like a local also involves respecting your local neighbors,” Glavine said. To do that, he asked for the back doors and windows to be closed.
Side Street co-owner Jeff Young said the business has been there for 15 years and they have been doing the best that they can to respect the neighbors behind them. That includes design, such as how the stage is built and points toward Rodick Street’s more commercial district rather than toward the residential Kennebec Street.
“We consider all of those people our neighbors,” he said, adding that they’ve never intentionally done anything to hurt those relationships or disrespect the residents of Kennebec Street.
The permit was approved by a vote of 6-0.
PUBLIC COMMENT
During public comment, Annlinn Kruger spoke of her chalking efforts about educating the public about Northeast Harbor resident and conservative activist Leonard Leo, saying that the Council did not hold former Town Manager Kevin Sutherland accountable in his interactions with her, trying to get her to stop chalking on sidewalks in town, nor have they given her an accounting, she said. She also said that many councilors disrespected her comments during public comment periods.
Government accountability needs to happen at the local level, too, she said.
School Superintendent Mike Zboray and Principal Heather Webster quickly spoke about the Conners Emerson construction project. The design details are currently being hammered out with multiple stakeholders involved in the school.
Glavine said he was concerned about cars going the wrong way on Kennebec Street, a one-way street accessed from Cottage Street. He also said that over the last two summers privately owned drones have flown into neighborhoods, down low enough to look into windows and ten feet from his face. He asked if the town could try to find a way to prevent drones from flying through residential streets.
COMMITTEE APPOINTMENTS
Stewart Brecher was appointed to a three-year term on the Board of Assessment Review. Robert Garland and Andrew Keblinsky were both appointed to three-year terms on the Harbor Committee. All appointments were unanimous.
FINANCIAL REPORTS
The town is two months into Fiscal Year 2024 where the goal is to be just under 17%.
Parking revenue expenditures are YTD through August 31. There is $2.08 million of revenue in parking revenue as of yesterday.
This is the last year of the state’s senior tax assistance program. There had been 350 total applicants.
GENERAL ASSISTANCE ORDINANCE
The ordinance was scheduled for a public hearing. The suggestion is to revise the maximum benefit levels for general assistance. It was approved for a public hearing.
EMERGENCY OPERATION PLAN
The plan was unanimously tabled until the next meeting with no discussion.
TOWN MANAGER COMMENTS
The towns’ shared human resource director is leaving and moving to the West Coast.
Knight also wanted to know if the Council wished to have a goal session in the beginning of November.
COUNCIL COMMENTS
Brechlin thanked the town staff in its preparation for the storm and hoped for more discussion about outdoor mechanical amplification.
Shank also thanked the town staff for the hurricane preparation and he’d like for some discussion about the one-way traffic on Kennebec, which had been mentioned by Glavine.
Hochman thanked everyone who came to speak about the potential transient accommodations moratorium and said he wanted to be clear that he wanted it to be a short-term pause, not to stymie growth or punish one individual. He also thanked the town for its work preparing for the storm. He wanted to congratulation Conners Emerson Principal Heather Webster for receiving her doctorate. He also wanted to apologize to Reed who sent him an email during the meeting if he misspoke about when the ordinance changed about outdoor mechanical amplification.
Gary Friedmann said he’d like to hear how Portland is using its 1.5% room fee on lodgings. Gilbert said she’s been trying to contact the Portland finance director about that.
Caines also thanked the Public Works Department for hurricane efforts. She said she’d like to have a housing workshop and more comprehensive conversation on that issue.
Peacock said they’ve had a couple of town manager interviews and that they are trying to work in timelines. She said that it’s been challenging to have public input in the process.
Public Hearing 9/27 on County Budget Estimates
A public hearing on the 2024 Hancock County proposed budget will be held Wednesday, September 27, 2023 at 6:30 p.m. in the Commissioners' Meeting Room in the Hancock County Courthouse at 50 State Street in Ellsworth.
The public may participate in person or via Zoom; the link is published on the Hancock County website, hancockcountymaine.gov.
EMERGENCY LIGHT MALFUNCTION AT THE HIGH SCHOOL
At approximately 12:15 p.m., September 20, the MDI High School emergency light system was accidentally triggered.
According to Superintendent Michael Zboray,
“Consistent with our training and protocols, some adults recognized this as a signal to enter into lockdown procedures and conveyed this to some teachers. While we received almost immediate notification that this was an accident and notified the student body that this was a malfunction, those few teachers who were told we were in lockdown appropriately initiated evacuation protocols resulting in some students leaving the building with their teachers.
“At no time was there any risk or threat to our students or school. Those teachers who believed there was a lockdown acted appropriately and consistently with the training and practice that they had received.
We understand that this event could be upsetting for families and students alike. We encourage you to reach out to your child's school counselor for suggestions on how to best help your child.”
MDI Hospital Construction to Upgrade Key Infrastructure Impacts Campus Parking & Traffic Flow
Mount Desert Island Hospital is excited to announce the construction upgrade to our facility’s aging mechanical infrastructure. The construction will begin with the Core Generation Renovation Project, enhancing our mechanical efficiency.
This project will consolidate and replace key mechanical systems, improving ventilation, heating, and electrical infrastructure and providing the energy efficiency and modern equipment needed to support future renovation and expansion.
The construction, set to begin on September 25, will have an impact on the main hospital campus parking, entrances, and wayfinding for the next 18 months. All scheduled patients and visitors to MDI Hospital will now enter through the entrance located on Wayman Lane and follow a one-way traffic pattern around the main building for parking. Visible and clear signage will be placed in order help guide patients and visitors to registration and scheduled services once inside.
We ask that anyone coming to our main hospital campus refer to the parking map as designations have changed to accommodate our patients and visitors.
Patients coming for emergent services through our Emergency Department (ED) via private vehicle, will follow the signage to the rear of the hospital on the Wayman side for drop off at the ED entrance. This includes OB patients in labor. Any visitors who are not present at the drop-off of the ED patient, must park in designated visitor parking and enter through the Wayman Lane entrance.
Thank you in advance for your patience as we make these important campus upgrades. If you have questions about an upcoming appointment, please contact your provider’s office.
For simplicity and clarity, here are the key community takeaways:
If you are coming to MDI Hospital for a scheduled appointment, including but not limited to; surgery, lab work, medical imaging, vaccinations, physical therapy, ortho, occupational therapy, or oncology, you will enter through Wayman Lane.
If you are being driven or driving yourself to the Emergency Department in a private vehicle, you will follow signage to the rear of the hospital and be dropped off at the ED entrance. This includes women in labor who need to be admitted to OB for labor and delivery.
Please note that this ED drop-off should be used only for patients who need to be seen immediately. Any unnecessary traffic in this area could impact the flow of other emergencies and emergency vehicles.
Visitors of any kind must enter through the Wayman Lane entrance.
Ambulance service will be unimpeded. All local EMS services have been notified of this construction and given detailed information about what their path is to the ED.
Visit our website for more information: https://www.mdihospital.org/featured/core-generation-renovation-project-construction-in-progress/