Is Bar Harbor Heading Toward a Moratorium?
Town Council takes up potential moratorium Tuesday
BAR HARBOR—A potential moratorium on an “activity of concern” goes before the Bar Harbor Town Council this Tuesday.
The wording in the packet of materials that’s publicly available before meetings isn’t completely filled out, but it is likely related to recent moratorium discussions about different types of lodging, which has been brought up multiple times in the last two years.
The draft proposed moratorium would be “to allow municipal officials reasonable time to evaluate the concerns raised in regards to anticipated or proposed development of certain [describe activity of concern], to determine the adequacy of existing land use ordinances and regulations, the approval and permitting process of certain [describe activity of concern], and, if necessary, develop additional ordinances and regulations to provide adequate protection for the property, health, welfare, land use compatibility, environmental compatibility, and protection of all residents and visitors in the Town of Bar Harbor.”
If enacted, the moratorium (as it is currently written) would take effect immediately upon enactment and continue for 180 days unless the town council extends, repeals, or modifies it. It would also be retroactive and cover all projects that fall under its purview that have not yet received all approvals and permits.
In October Council Vice Chair Gary Friedmann said that he wanted the town council to discuss what a moratorium involves and issues about transient accommodations of every type. He also wanted to start a sustainable tourism group to talk about those issues. This would include whether employee housing is required for any new transient accommodations.
Back in September 2023, the town’s attorney Steven Wagner explained that a moratorium is “essentially a pause on development.” To do that, the councilors would have to make certain findings: that the moratorium is necessary to stop a burden on public facilities and other aspects; that the existing comprehensive plan is inadequate to do so. At the time, it was not passed or tabled, but sent to staff.
“That’s what I’m hearing people want—is a breather,” Friedmann said this October.
He continued, “The things that I’ve been hearing are a moratorium on transient accommodations until we can generate land use regulations that look at things like if there should be a cap on an annual growth,” as well as if there should be on-site employee housing and parking requirements of any new transient accommodations.”
This October discussion was spurred on by Bar Harbor dentist Mathilde Reznik’s appeal before the councilors to think again about a moratorium on lodgings (transient accommodations) in town.
The topic came up after she was approached that day by a bed and breakfast owner about purchasing her property, she said. That owner was not identified.
Since then, Stephen Coston has taken out an application for the Inn at Eden Street, which would be located at 40 Eden Street for a multi-storied 25-room inn on a small parcel of land that directly abuts the Conners-Emerson School, which is undergoing a multi-million dollar rebuild. According to its application, the inn would also have an employee living quarters on the property where three dwelling units are currently.
The application is scheduled to go before the Bar Harbor Planning Board at its November 27 meeting.
A potential moratorium on five types of transient accommodations in several zones in Bar Harbor failed to become a reality this April. That possibility was also discussed late summer into fall 2023.
That last potential moratorium had been initially suggested by Councilor Earl Brechlin at an April 2 meeting after a citizen’s email suggesting a pause on bed and breakfasts that only require code enforcement officer approval rather than the town’s planning board approval.
Bar Harbor voters approved multiple changes to the town’s definitions of transient accommodations November 5.
When people visit Bar Harbor and stay overnight, they stay in what the town calls transient accommodations (TA). Those include rooms in hotels and motels and bed and breakfasts. They also include campsites and RV sites. Short-term rentals in houses are a different category than rooms rented in hotels, motels, and bed and breakfasts. Short-term rentals that are not owner-occupied are capped in Bar Harbor.
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I agree with Councilor Friedman that we need to pause TA development until we get a handle on worker and resident housing. We've created a local economy that no longer functions because the people required to service it can't afford to live within a reasonable time and distance. Let's focus on our housing problem for a while.