Tremont Select Board Asks For Changes to Proposed Land Use Ordinance Amendments
Also talks plow trucks and unregulated intoxicating hemp products
The Bar Harbor Story is generously sponsored by Havana.
TREMONT—Four agenda items concerning ordinance amendments went before the Tremont Select Board at its meeting on Tuesday, September 2. One item was a public hearing for the proposed amendments to the Traffic Control and Parking Ordinance and three were land use ordinance amendments.
Two of the three proposed land use ordinance amendments garnered requests for further changes from the select board.
TEMPORARY SALES
Feeling that the town’s Temporary Sales Ordinance was not clear or concise, Code Enforcement Officer Angela Chamberlain made it one of her first projects when she began to work for the town. Chamberlain’s goal was to have rules that everyone could understand and that could be applied in the same way for different circumstances.
Clarifying rules, clarifying which permitting authority is the correct authority for different circumstances, clarifying what rules applicants have to follow, and adding definitions were some of the tasks that Chamberlain undertook.
These rules apply to food trucks and outdoor markets such as farmer’s markets and craft fairs.
The one existing food truck that Tremont has, Quietside Snacks, would be grandfathered under these proposed amendments and the new rules would not apply to it.
The ordinance reads,
“(3) Standards for Mobile Vending Units;
“(h) An applicant holding a valid “Temporary Sales” permit as of August 26, 2025, shall be permitted to renew that permit in accordance with the ordinance provisions in effect on that date. Such applicants shall not be required to comply with the standards of Article V, Section U, for future renewals, provided the permit is renewed annually without lapse. Permits authorized under this subsection are non-transferable.”
After much discussion, mostly centered around sanitation issues such as bathroom facilities and trash receptacles, the select board asked Chamberlain to add some language requiring bathroom facilities for food trucks that are in one particular spot for more than 30 days and also to add the allowance of shellfish sales at farmer’s markets.
The select board then approved a motion to place the proposed Temporary Sales ordinance amendments, including the changes that it requested from Chamberlain, on the November 4 ballot, 4-1 with member McKenzie Jewett voting against.
Some wording in the above document will change per the select board’s request to Chamberlain before being placed on the November 4 ballot.
OFFICIAL ZONING MAP AND ZONE CRITERIA
These potential changes would make the rules for shoreland zoning only apply to lands within 250 feet of the water or wetlands as intended by state law, said Chamberlain. The current zoning map does not reflect this.
The potential changes would also remove areas owned by Acadia National Park (ANP) from the zoning map (as town zoned lots) because ANP does not have to follow town zoning rules.
The potential changes would also alter the zoning for a residential neighborhood which is currently zoned as Commercial Fisheries and Maritime Activities (CMFA) so that rules meant for working waterfront no longer restrict homeowners. The way the area is currently zoned, as CMFA, means that any residential lots/structures are non-conforming uses.
Member Eric Eaton asked Chamberlain to explain a little more about the changes to the CMFA zone.
Chamberlain said that in the area she is referring to, which is the water side of Harbor Drive, from Pointy Head back towards town proper, is zoned as CMFA, but is exclusively residential homes. Residential homes are not allowed in CMFA and all of these properties are non-conforming and the owners would never be able expand their residence, or add an additional dwelling or do anything other than what exists on the property now.
Eaton said, “As soon as you give that up (the CMFA zoning restrictions) then that property value still goes up, and up, and up, which it’s going to anyways, but it just makes it harder for locals to be able to do what locals do, live here.”
“I think it’s kind of already there,” said member Kevin Buck.
“I know it is, but you’re just giving them a permission slip to make it bigger, or put more rentals on it, or whatever,” Eaton said, “It’s still currently protecting the right, the way that people around here make their living. I am going to stand by that.”
After more conversation, the select board made a motion requesting that Chamberlain remove the proposed change to the CMFA zone along Harbor Drive from this proposed amendment. The select board voted unanimously to approve this amendment request.
The select board also unanimously approved placing the proposed Official Zoning Map and Zone Criteria ordinance amendments on the November 4 ballot.
Some wording in the above document will change per the select board’s request to Chamberlain before being placed on the November 4 ballot.
SHORELAND ZONING AND MULTIPLE ARTICLES
These proposed ordinance amendments update the town’s ordinance to match the state’s Department of Environmental Protection’s rules and requirements for shoreland zoning.
Chamberlain also set up all of the zoning districts so that they are in the same format, fixed some spelling and formatting errors, removed some confusing/unnecessary language, cleaned up the permitting procedures, and added definitions for one and two-family dwellings.
The select board unanimously approved placing the proposed Shoreland Zoning and Multiple Articles ordinance amendments on the November 4 ballot.
TRAFFIC CONTROL AND PARKING ORDINANCE
This proposed ordinance change was discussed by the select board at its August 11 meeting and this was the public’s opportunity to make any comments regarding the proposed changes.
The proposed changes would strengthen and clarify the language of the ordinance for enforcement purposes.
The changes would also remove the Hancock County Sheriff’s Office as the enforcing agency and add the Southwest Harbor Police Department.
There was no public comment regarding the proposed ordinance changes, but Fire Chief Keith Higgins did ask if it was possible for the boat trailers that are kept in the dirt lot at the elementary school to be moved toward the other side of the lot to free up actual parking spaces.
Town Manager Jesse Dunbar responded that this project had already been undertaken by the highway department and that some of the trailers have already been moved.
The select board voted unanimously to adopt and sign the 2025 version of the Traffic Control and Parking Ordinance.
TOWN PLOW TRUCKS
Returning to the conversation that was started at the select board’s August 11 meeting, Dunbar informed the board of what he had learned regarding two of the town’s plow trucks.
The town’s truck #2, which is the orange International truck, needs approximately $5,000 worth of maintenance and repair work and needs a new body. The select board also wanted to try and add more weight to the rear of the truck since it was looking at purchasing a sander body rather than a dump body for the truck.
The town’s truck #9, which is the Ford F-550, is in need of major repair work and it may not be fiscally prudent to repair it.
Dunbar told the board that he could purchase a used sander body for truck #2 for $14,200 and a new one for $24,983. During discussion, it was determined that the used body was a more durable body and more geared towards municipal workloads.
The board also discussed adding more than the proposed 2500 pounds of extra weight to the rear of the truck and decided that they should do so.
After discussion, the board directed Dunbar, via a unanimously approved motion, to purchase the used sander body for truck #2. They also directed him to see how close Allied Equipment, whom they are purchasing the body from, could come to 4-5,000 pounds rather than 2,500 pounds of extra weight and to have all of the necessary maintenance repairs completed.
For truck #9, the board directed Dunbar to have it thoroughly diagnosed for issues and bring back repair estimates and other options to the next meeting so that they can stay ahead of the winter season for plow truck preparedness.
UNREGULATED INTOXICATING HEMP PRODUCTS
Since the select board’s last meeting, Select Board Chair Jamie Thurlow has spoken with the owner of Hansen’s Outpost, which is the only retail store in Tremont. Thurlow said that the owner of Hansen’s, Jane, had not heard the concerns regarding intoxicating hemp products prior to speaking with him.
Thurlow also said that after he spoke with her, Jane immediately moved the small refrigerator that holds the hemp drinks on top of another small refrigerator so that you have to be quite tall to get into it. She also labeled the door of the refrigerator to inform customers of what the products are and of the 21-year-old purchasing restriction.
Hansen’s also sells gummies which Thurlow said are in a case behind the counter and not readily accessible.
Thurlow said that he asked Jane how much of the store’s business involves these products and she replied that it is not a big part of the business but everything adds up.
As long as Hansen’s, the only store in town, continues to be so cooperative, the select board appears to be content to not pursue any sort of moratorium and just let the state work its way through regulatory policies.
The next meeting of the Tremont Select Board is scheduled for September 15, at 5 p.m., in the Harvey Kelly Meeting Room at the town office.
The Bar Harbor Story is generously sponsored by Rick Osann Art.
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