A basic rule of statutory construction is that the language of an ordinance should be interpreted so as to avoid an absurd result. The Shoreland General Development I District permits a "permanent pier, dock, wharf, [and] breakwater." It would be absurd to interpret that language as permitting the structure but not permitting the use of the structure for its intended and normal purposes, including embarking and disembarking passengers. As far as I'm aware, there will be no additional terminal, building or structure. That is all the Town has approved here, and the Town's decision should be affirmed in all respects.
Except - Otter Creek is partly in Bar Harbor - partly in Mount Desert. This is clearly shown on the tax map linked below - along with the district they refer to. It has been mentioned in many articles talking about some of the challenges Otter Creek has with shoreline access.
It isn’t a phantom district referred by the NJ lawyer, he must have looked at all the districts first before commenting and seen the one that abuts Otter Cove.
H. L. Mencken once observed “Democracy is the theory that the common people know what they want and deserve to get it good and hard”.
Likely he had someone like Mr. Sidman in mind…….
A basic rule of statutory construction is that the language of an ordinance should be interpreted so as to avoid an absurd result. The Shoreland General Development I District permits a "permanent pier, dock, wharf, [and] breakwater." It would be absurd to interpret that language as permitting the structure but not permitting the use of the structure for its intended and normal purposes, including embarking and disembarking passengers. As far as I'm aware, there will be no additional terminal, building or structure. That is all the Town has approved here, and the Town's decision should be affirmed in all respects.
Lawyer from away thinks otter Creek is part of bar harbor. Not a strong closing argument to what other wise might have been pointed
Except - Otter Creek is partly in Bar Harbor - partly in Mount Desert. This is clearly shown on the tax map linked below - along with the district they refer to. It has been mentioned in many articles talking about some of the challenges Otter Creek has with shoreline access.
It isn’t a phantom district referred by the NJ lawyer, he must have looked at all the districts first before commenting and seen the one that abuts Otter Cove.
https://www.barharbormaine.gov/DocumentCenter/View/6757/Complete-Standard-Tax-Maps