What Size Should Bar Harbor's Planning Board Be?
Planning Department Discusses Potential Sight Lines and Campground Changes to LUO in November
BAR HARBOR—With two members not continuing in July and an empty, as yet unadvertised seat, the Bar Harbor Planning Board pondered whether it should advocate staying a seven-person board or think about either being a five-person board or a five-person board with two alternates.
By the end of its May 1 meeting, members agreed to approach Town Manager James Smith about the option and potentially discuss it with the Town Council. Any changes to the number of members on the board would have to change Chapter 31 “Boards and Commissions” and then also the rules of procedure to match those changes. This would involve the Town Council.
Board Secretary Elissa Chesler and new member Cosmo Nims are both not continuing once their terms are up this June. Chesler said that a new position at work requires more hours and focus. Nims said that he’s moving to Oregon for a couple of years because of family needs. Joseph Cough had resigned earlier this year. His seat has not been advertised nor filled. People apply for the board, are usually interviewed by a three-member Nominating Committee made up of town councilors, and then the Town Council votes on the nomination.
During discussion worries were expressed that they might not be able to fill those seats. One board member said that they didn’t know that until they tried.
Chair Millard Dority said that in the past, it has sometimes been tough to keep a quorum due to recusals (when a member steps down from a discussion because of a perceived or actual conflict of interest) or because a member might be absent. Having a five-member board with two alternates would decrease the number needed for a quorum from four to three, but also provide back-up members if regular members had to recuse themselves or were absent. Alternates only vote when there are members missing, but they can participate in discussions.
Member Zach Soares suggested more of a regulated onboarding process for new members. Gagnon stressed that staff sits with new members and is always available for questions.
THREE POTENTIAL LAND USE AMENDMENTS
CAMPGROUNDS
Planning Director Michele Gagnon and Code Enforcement Officer Angela Chamberlain presented a trio of potential land use ordinance amendments to the board. The three amendments had been tweaked since the last presentation and will possibly be scheduled for public hearings in July to be on the November warrant before voters. Voters will have the final say on the items’ approvals.
The first, and most complicated, potential change deals with the definition of campgrounds. The board discussed how the potential changes that would align Bar Harbor’s definitions more with the state’s could potentially impact campground density. Chesler led the discussion about density versus sprawl within campgrounds. The tweaks have changed from 2500 square feet per individual campsite to 1500 and are likely to go back up to 2500 square feet non contiguous. They have not been finalized.
The goal is to create an amended definition of campground that is consistent with Maine’s shoreland zoning definition of campground. Chamberlain also added “individual” to the definition of a private campsite.
The amendment would include the following changes:
adjust and add relevant review standards for campground uses;
add standards for individual private campsites in article V;
amend the definitions of campground and individual private campsite;
amend article III to allow individual private campsites in the resource protection, shoreland limited residential, and stream protection districts.
FILING AND APPROVAL
This potential amendment is meant to clarify and make more efficient the town’s reporting to the state about shoreland regulation changes.
Chesler said that she understood the efficiency gained but was concerned about the current scattering of shoreland provisions throughout the ordinance and if there might be any unintended consequences from changes. Gagnon said that the town works closely with the state DEP and it’s just a clarification of how the town’s ordinance relates to state law.
SIGHT DISTANCES
The final potential change involved the sight distances from driveways to roads, which is a safety precaution meant to avoid injuries and collisions.
When reviewing the town’s ordinance, staff realized that the current ordinance was missing two existing speed limits and that there wasn’t a linear relationship between speed limits and the sight distances. They reviewed three different standards and went with the State of Maine standards. They adjusted all the required distances to be consistent with the state.
“That makes sense,” Vice Chair Ruth Eveland said.
JACKSON LABORATORY ROAD CALMING
G
The JAX Lab traffic calming and site plan review will not have to go before the public after the Bar Harbor Planning Board unanimously agreed to allow the project to be a minor site plan review rather than a major site plan review. Chesler stepped down from the discussion because she is employed by JAX.
The public has not been notified about the project. Abutters notices are sent out for minor sight plan reviews and they will be sent out, Gagnon said.
Gagnon said the project has two components. JAX has worked closely with the town’s public works director, she said. She said that plowing and emergency vehicle clearance has been reviewed.
The only difference between a major and minor review is the public hearing, Dority said. The change is allowed under certain conditions, which include “applicant wishes to submit more than one minor site plan .... on the same parcel of land within a three-year period,” and because the project “will not have a significant impact on the neighborhood or on the environment and meet the purpose of site plan without public review.”
The project will “include the widening of Route 3 to install traffic calming medians and extending the existing walkway along the east side of Route 3 from the housing project crossing south to the existing sidewalk in front of JAX’s main research building complex. The new walkway will add approximately 1.600 feet of safe pedestrian access along Route 3.”
In an April 10 letter from Woodard and Curran to Gagnon, the firm wrote, “As you are aware, this current project is actually the final phase of an on-going cooperative effort between JAX, the Town, and MDOT to increase pedestrian and vehicular safety along the section of Route 3 that abuts the JAX campus (specifically, between Schooner Head Road to the north and the southerly entrance of JAX’s Parking Lot A to the south). This multi-phase project has been on-going since 2020 and has included new crosswalks with Rectangular Rapid Flashing Beacons (RRFBs), a new sidewalk from the housing project north to Schooner Head Road intersection, a new entrance to Lot B with a designated turning lane, additional signage, and dynamic speed feedback signs, additional crosswalk visibility enhancements that make the crosswalk and pedestrians more visible such as advance warning signage, advance warning pavement markings, enhanced lighting, and upgraded informational signage along Route 3, as well as minor pavement markings and sign installations that allow Parking Lot C to be designated for passenger drop offs, eliminating the informal drop-off maneuvers along Route 3 that created both vehicle and pedestrian conflicts.
“These improvements were permitted under three Site Plan Review applications with the town, two by the planning board and one by the staff under the Minor Site Plan Review process.”
QUESTION AND ANSWER SESSION ABOUT HOUSING ARTICLES 2,3, AND 4
The Bar Harbor Planning Department will hold a questions and answer session at the Jesup Memorial Library on May 13, 2024, from 6:00 p.m. to 7:30 p.m., on the three proposed housing related articles (2, 3, and 4) on the June 11 ballot.
Bar Harbor voters and the general public will have the opportunity to listen to the story behind why these housing amendments are being proposed and the specific changes they include, as well as how these initiatives fit in the overall housing strategy.
This event is meant to provide information and other tools to ensure Bar Harbor voters know where to get information on the proposed housing-related changes. The Planning Department envisions this event to help voters that may be unfamiliar or for the voters that want to learn more. This in-person event is free with a Zoom option.
The three housing related articles are:
Article 2 – Employee Living Quarters-1 and Employee Living Quarters-2
Article 3 – Shared Accommodations
Article 4 – Increased Housing Opportunities
“We know that not every voter understands the land use ordinance amendment process or even the land use ordinance itself. We also know it takes a lot of time and effort to be as informed as possible, especially when it comes to understanding the legalese of the land use ordinance. Our department wants to demystify this technical and legal amendment process by providing information and events that utilize everyday language that the voter can easily understand,” says Cali Martinez, housing and community planner. “We are also aware that Articles 2, 3 , and 4 themselves do not speak to the town’s overall housing strategy, which we feel provides a helpful context to why these are coming forth now and how these changes complement and build off of other housing efforts. In this same effort, we are trying to hold events at community spaces, like the Jesup Library, to make a seemingly daunting and overwhelming process more accessible and meaningful.”
You can visit the town’s website for more events and details on the proposed housing related Articles, www.barharbormaine.gov/207/Land-Use-Information .
Registration is located on the Jesup Library’s website on www.jesuplibrary.org/events/housing- articles. Registration is optional but encouraged.
LINKS TO LEARN MORE
TO WATCH THE MEETING
TO READ THE PACKET
For background information on the upcoming June proposed amendments, see the Land Use Information page.
If you’d like to donate to help support us, you can, but no pressure! Just click here.