Planning Board Begins to Tackle Offensive Language
Hamilton Station, Acadia Corp Warehouse Expansion, Merging Districts all Discussed at October Meeting
The Bar Harbor Story is generously sponsored by YES ON 4 For a Balanced Solution.
BAR HARBOR—The Bar Harbor Planning Board began reviewing multiple potential changes to the land use ordinance that could occur at the June 10, 2025 town meeting.
The first potential change discussed was offensive language, specifically the use of the term “grandfathered.”
The Boston Globe reported in 2020 that Massachusetts’ highest court stopped using the term because it has racist origins. Associate Justice James R. Milkey, they reported said that "the phrase ‘grandfather clause’ has its roots in 19th century laws that created barriers to voting for recently freed slaves.” At the time, new voters also had to pass literacy tests. However, white men who had ancestors (grandfathers) that voted prior to 1867 did not have to pass those same tests.
Earlier this year, former Appeals Board Chair Ellen Dohmen had often mentioned that she hoped the town would stop using the term.
“There’s a bunch of terms that are offensive for different reasons,” said Planning Director Michele Gagnon.
“Stakeholder,” she said, is also a word that is often used in the planning, but she doesn’t believe it’s currently used in the town ordinance. It’s been linked to colonialism. The term “grandfathered,” however, has been found three times. If the amendment is forwarded on, it could come to voters to decide its fate in June.
“We have no desire to be offensive,” Planning Board Vice Chair Ruth Eveland said.
Gagnon said her staff will likely come back at the November 27 meeting, present the potential change, and then, the board can call for a public hearing.
SALISBURY COVE CORRIDOR
There are multiple corridor districts in Bar Harbor: the downtown corridor, Salisbury Cove, and Ireson Hill corridor.
The goal of this potential amendment would be to decrease the minimum front setback requirement in the Salisbury Cove Corridor district, which runs along Route 3.
The setback minimum for all lots (measured from Route 3’s center line) would be changed to 75 feet. It’s currently 150 feet. Setbacks determine how close to the property’s lines structures can be built. This would make all the lots in the Salisbury Cove Corridor consistent with each other; all would have a 75-foot setback.
Salisbury Cove Corridor and Ireson Hill Corridor are near each other. According to the town’s 2007 comprehensive plan, they are both in designated growth areas. Both have lots that front Route 3.
“However, the Salisbury Cove Corridor district minimum setback is double for lots with frontage on Route 3 when compared to its neighboring district, Ireson Hill Corridor,” the town’s draft proposed amendment explains.
The change would make the two districts both have that same minimum front setback requirement of 75 feet.
It would likely make more buildings conform to the rules in the district said Code Enforcement Officer Angela Chamberlain. It would also seem to increase consistency about those setbacks across multiple zones, Eveland said.
The last potential amendment is about time frames and phasing.
The amendment would:
Allow more time for an approved project to commence and to be deemed substantially completed.
Delete the requirement to record a notice at the Hancock County Registry of Deeds if the approval has expired.
Require a developer to demonstrate the need for a phase development approval.
Allow for consideration of a phase development approval if a developer provides a town-approved plan to provide adequate public facilities.
Extend the maximum length of phasing periods.
CAMPERS AS RESIDENTIAL LIVING QUARTERS
Chamberlain has started a process to create a potential amendment to address temporary camping vehicles.
Her work is meant to address people using campers and recreational vehicles as residential living quarters.
The changes could include adding standards for temporary camping vehicles, stipulating that there be no more than one per lot, that they only be allowed for a certain time period, and that they be hooked up to electricity on the site.
She made a first attempt at what districts this would be appropriate in, but that has not yet been solidified. During the meeting, she said that she doesn’t necessarily think it’s appropriate to have residential campers downtown where there is high density.
She said a potential draft amendment will come back to the board in November and then again in January. She added that if the board doesn’t think the potential change is ready, it can be postponed and worked on more and not presented to voters in June 2025, but at a later date.
DESIGN REVIEW BOARD WORK
Gagnon said the Design Review Board is still looking toward using the standards of the Department of Interior as it reviews projects and continues its work. It also hopes to move toward being a certified local government (CLG) while looking at rewriting the part of the town code (Article XIII of Chapter 125) that governs its own mission. This work has been occurring for well over a year.
“Certified local governments (CLG) are municipalities that have demonstrated, through a certification process, a commitment to local preservation and saving the past for future generations,” according to the National Park Service. “This commitment is key to America’s ability to preserve, protect, and increase awareness of our unique cultural heritage found in the built environment across the country.”
The CLG program helps local governments align with federal and state standards about protecting cultural resources and preservation planning.
According to the National Park Service, “CLGs must meet the following minimum goals:
Establish a qualified historic preservation commission.
Enforce appropriate state or local legislation for the designation and protection of historic properties. In most cases this is done in the form of a local ordinance.
Maintain a system for the survey and inventory of local historic resources.
Facilitate public participation in the local preservation, including participation in the National Register listing process.
Follow additional requirements outlined in the state's CLG procedures. Each state has procedures for certification that may establish additional requirements for becoming a CLG in that state.”
Any changes in Article XIII would have to go before the town council. Any amendments to the land use ordinance must hold public hearings and be voted on at a town meeting.
VR-1 PROOF OF RESIDENCY REQUIREMENTS
A discussion of proposed proof of residency for vacation rentals VR-1 is also on a future agenda. Currently, an applicant shows a tax return, driver’s license, or homestead exemption. It may be changed to showing two of those things rather than just one.
MULTI-FAMILY DEFINITIONS
Gagnon said at the board’s next meeting, staff may have potential draft amendments about how the town defines multi-family 1 and multi-family 2.
“It may be the weirdest definition” that the town has, Gagnon said. In Bar Harbor it can be an apartment building or six dwelling units. This, she said, is imprecise and confusing.
POTENTIAL MERGING OF DISTRICTS
Also, at the meeting, there was a preliminary discussion about the potential merging of two districts in town: Downtown Village 1 and Downtown Village 2.
The discussion comes from the town having 40 zones in approximately 40 square miles. Gagnon called these micro-pockets or micro-zones.
“You have to be careful to not overdo it, either,” Gagnon said of reducing the zones, which create situations where someone’s neighbor can do something to the front, back, and side of a property, but one property owner might not. “It’s a district for every half-square-mile.”
There are some pockets that the town may want to retain, but maybe have not quite so many micro-pockets of zoning. She said they want to be careful because they want to reduce the numbers of zoning districts, but they also want to preserve character.
“This is very delicate work and it needs to be done well,” Gagnon said.
A district’s definition in the town’s land use ordinance creates stipulations on how land can be used. Each of Bar Harbor’s districts have slightly different sets of rules, which control how they are used.
Gagnon and staff have been looking at the two downtown districts that run along Cottage Street and Main Street and encompass much of downtown proper that isn’t considered residential or shore land. They’ve been looking at differences in parking requirements for each area and what those “two districts are about,” Gagnon said. Possibilities could include seeing what it would look like to have it be just one district and also what would happen if there were less height restrictions within the downtown, meaning what would occur if people could build higher.
Maximum height rules in both districts talk about more lenient set-back allowances in relationship to affordable housing being created, but the town hasn’t had those stipulations and mechanisms fully parsed out.
Affordable housing is defined in the town’s ordinance and relates to area median income. Area median income is based on the entire county. 80% of area median income and below is low income and that cohort has funding for it, Gagnon said. That’s what the Maine Housing Authority focuses on.
“The need for housing is at all price points,” Gagnon said. “We feel that incentives for the 120% to 200%” might be a way to go.”
At 200% of area median income, houses would be attainable, she said, but if that household has children, child care, or school debt, they might not make it. At 250% of area median income there is a lot more possibility for people to attain homes in Bar Harbor.
According to the U.S. Census, median household income in Hancock County is $64,149 in 2022 dollars.
Eveland said Downtown Village Transitional is one of those areas that the town might want to look at.
HAMILTON STATION
Hamilton Station, the YWCA of Mount Desert Island’s plan for housing, received a sketch plan review. The plan is to divide a 26.8-acre parcel into two lots and use one of the lots to build a structure with 18 one-bedroom units. The structure will be accessed off Route 3 and one of the questions is whether or not there is a safer entrance to the site.
Because of the double lanes and because the location is on a hill, said project manager Greg Johnston of G.F. Johnston and Associates, more traffic information will be given to the board.
New board member Teresa Wagner asked about date ranges for construction of the driveway and for traffic impacts. She also asked about traffic impact distributions, which are predicted to peak at 85 exiting and 35 entering.
“We want to do this right,” said YWCA project Steering Committee Chair Allie Bodge earlier this year. “One of the most important things to the YW is that an array of community members needs are met. Our dream is that the renters have a great sense of neighborhood with community gardens and walking trails that will also be open to the public.”
The YWCA MDI purchased the property in 2023 after looking for some time for an opportunity to be a part of the solution to one of the biggest problems and challenges facing the island.
Like many communities across Maine and the United States, Bar Harbor has a problem with housing. There isn’t enough of it for seasonal employees. There isn’t enough of it for year-round residents. And what there is? It mostly isn’t affordable for median wage earners or first-time home owners.
Board Chair Millard Dority has recused himself because he has been working with the board of the YWCA MDI on the project.
“It’s an 18-studio-bedroom apartment building,” Johnston said. “It has very clean straight lines. The front is very open.”
The lower level has storage for each apartment. Parking will be on the short ends of the building.
During a site walk earlier that day, Eveland said that there had been some concerns. She asked if there were any changes expected in the project.
“There may be some changes,” Johnston said and that would be under the YWCA’s board direction.
The wells need to be a bit more tested, he added.
The board unanimously found the application SD-2024-02 Hamilton Station Subdivision incomplete, per the Bar Harbor Land Use Ordinance section 125-66, because it is missing a capacity letter from the public works department and fire department, a stormwater management plan, road name, letters from Inland Fisheries and wildlife and Maine Historic Preservation Commission, and to schedule a public hearing on November 27, 2024.
ACADIA CORPORATION WAREHOUSE
First on the planning board’s agenda was an application to add to the current Acadia Corporation warehouse at 14 West Eden Avenue in Town Hill.
The addition also requires replacing the current septic system and extending the service delivery area.
“It’s bursting at the seams and there’s a couple temporary containers there,” said project representative Todd Hardy during the project’s completeness review. The addition would allow the company to not stack things too high.
There was no public comment. It was found incomplete due to missing a capacity letter from the public works department. The public hearing will be November 27 at 4 p.m.
Guy Dunphey did not attend the October 30 meeting due to illness.
At the September meeting, the board approved that the application for a three-lot subdivision by Nancy Sweeney at Eden Woods, 12 Seabury Drive was complete.
Zach Soares is resigning from the board and was thanked for his service by Dority. Soares had served for three years on the board.
LINKS TO LEARN MORE
Planning Board packet for October 30 meeting.
ADDITIONAL INFORMATION
Acadia Corporation Warehouse Expansion
Hamilton Station Subdivision
Applicant/Owner: YWCA of Mount Desert Island, 36 Mount Desert Street, Bar Harbor, Maine 04609
Application: Divide a 26.8-acre parcel into two lots and use one of the lots to build a structure with 18 one-bedroom units. The structure will be accessed off Route 3.
Sketch Plan Application (Posted 07.15.24)
Application (Posted 10.14.2024)
If you’d like to donate to help support us, you can, but no pressure! Just click here.
If you’d like to sponsor the Bar Harbor Story, you can! Learn more here.
When will we stop treating the English Language like it's 1984 and Newspeak. At what point does political correctness takeover. Remember when the State of Maine wanted to ban any word that starts with "SQU?" Now, "Grandfathered" will be banned from usage. You can pick most any Noun, Adjective, Adverbs in our language and I am sure you trace the word back to the first tine it was used and find at some time in its history it had a derogatory connotation. We have a lot more to worry about than a person or thing that is "Grandfathered". Now about the time and cost to change every place the word Grandfathered is used. Time to get a life!