Southwest Harbor Appeals Board Upholds Denial of 72 Clark Point Road Appeal

The Bar Harbor Story is generously sponsored by The Links Pub.

SOUTHWEST HARBOR—The Southwest Harbor Appeals Board denied again the appeal of a property on 72 Clark Point Road.

The board had originally said that the appeal against the building of an accessory dwelling unit (a guest house) on a pre-existing greenhouse foundation that is within the setback between property lines was not filed in a timely manner and they could not hear that appeal.

The appeals board had determined on June 4 that the MacIntoshes, direct abutters to the project, did not appeal the build within the 30 days required by the town. The building permit was issued in December 18, 2024. Abutters were notified on December 9. The appeal was filed in May.

Justin Podjasek’s project at 72 Clark Point Road is to build a $750,000 guest house where a greenhouse once stood. In 2012, the property, which was a larger lot owned by one property owner, was granted a building code variance from a 15-foot-setback requirement. Setbacks in town zoning rules determine how close structures can be built to property lines. Opponents to the project say that the variance should not have been granted.

However, the appeals board was focused on whether or not the MacIntoshes’ appeal was timely and if not timely, if there was good cause for it not to be.

The board had found at that early June meeting that the MacIntoshes’ application for the appeal was more than 130 days after the permit approval; the town’s board of appeals ordinance requires it to be filed within 30 days.

The board had voted to reconsider its June decision not to hear the appeal and on July 2, in a split 3-2 vote, found that there was no good cause for the appeal to be filed with a lack of timeliness. The members then refused the appeal again. There was a limited 45-day timeline for that reconsideration.

Board Secretary Ted Fletcher was again recused from discussion but took notes.

Members Alyson Meiselman and Adam Babbitt voted against the motion. Scott Preston, Chair John Izenour, and James Geary voted in favor. That portion of the meeting lasting approximately two hours.

The MacIntoshes had argued that the building permit should not have been issued because it will be close to a window in their guest room which will impact any privacy of guests in that room. The greenhouse foundation was approximately two feet away from the Macintoshes’ property line. The couple says that the new structure is less than one foot away from that line. Their attorney said it is 2.4 inches away.

During the July 2 meeting the Macintoshes stressed that they attempted to communicate with the town in February but were not aware that they could file an appeal.

Later, after the hearing, the board members discussed potentially changing the time for appealing this sort of decision to 45 days. Any such changes to an ordinance would be in the future and have to follow the town process for those changes to occur. Other potential changes discussed included adding more details for the permit notices, formatting consistency across town ordinances, as well as adding definitions for accessory dwelling units that are consistent with a recently passed state law.

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STEPPING DOWN

Geary said that he intended to step down as a full member and serve only as an alternate on the board and then only participate if this appeal comes back to the board.

“This (meeting) could potentially conclude my 29 years of service on the board of appeals,” he said.

“Well, on behalf of the town of Southwest Harbor, thank you very much for all you've done for 29 years and contributing to this process,” Izenour said.

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