When Is a Campground Not a Campground?
Twisty definitions a partial focus at Planning Board meeting
BAR HARBOR—Sometimes the town’s definitions can feel a bit twisty or counterintuitive, which is a topic the Bar Harbor Planning Board has had to deal with quite a few times in the past year when deliberating project applications.
On July 5, the Bar Harbor Planning Board dealt with that again, thanks to a proposal from a KOA Campground that slightly delved into questions about what exactly a cabin is and what an RV is and what even is a campground. If the cabins can be moved, do they count as vehicles? If they count as vehicles, then they need to have VIN numbers. And it all came back to what exactly constitutes a campground in a world where campgrounds are morphing into sites that don’t just hold RVs and tents, but now also involve yurts and cabins and structures that are sometimes more glamorous than rustic.
Changing definitions and clearer and cleaner definitions in the town’s land use ordinance has been a focus of the code enforcement and planning departments lately. At the same meeting, Code Enforcement Officer Angela Chamberlain discussed a draft proposal for whittling down the number of lodging definitions from 19 to four. The large lodging under construction on Cottage Street is considered a bed and breakfast by land use standards. During an earlier application by KOA at a different campground, the board dealt with whether or not elevated trailers on wheels counted as permanent structures, looking at the definition of what is a recreational vehicle.
Another factor in defining what often feels like a simple term (tent, campground, cabin, RV, temporary structure) is that sometimes the state will define a term in a way that’s different from the town and sometimes the term will be defined depending on where it’s located (i.e. shoreland rather than residential or commercial land).
The discussion came in relation to a project to upgrade the KOA campground facility at 136 County Road with the addition of five deluxe cabins in an area where six RV/camper sites are located.
“In addition, the work will include the addition of five RV/camper sites at the previous location of nine worker sites. The remaining four worker sites will be restored to green/landscape areas. A bath house will be installed with the building providing three stalls (toilets and sinks) for better access for the camper cabins. The final proposed work will include stabilization work along a portion of the shoreline, which is DEP NRPA permitting. This will bring the site plan approval status up to date,” the March 2023 application reads.
Jim Kiser of Kiser and Kiser Co (of Hampden) represented KOA. The campground has some outstanding violations that occurred previous to this plan that Chamberlain said could not be rectified without the Planning Board’s approval of this upcoming project.
Secretary Elissa Chesler asked if they could approve the correction of violations without approving the whole plan. The board discussed buffer zones and wastewater plans and heard from two members of the public.
Attorney John Cervone had sent a 56-page letter to the board detailing his concerns about the project and also spoke at the meeting. Chair Millard Dority said that Cervone’s comments about KOA’s future plans beyond this application and things outside the scope of the land use ordinance weren’t under the Planning Board’s purview.
Cervone said there were no cabins on the site when it was purchased by KOA in 2002. He questioned whether it still qualified as a campground under the town’s ordinance and said cabins are a nonconforming use.
“Nothing has been amended as of yet to change the definition of campgrounds,” he said. He also said that nonconforming uses and grandfathered uses were in the application but without evidence to corroborate the claims. The burden of proof for that, he said, is on the applicant. He said that there has been no evidence produced to substantiate the claims of nonconformity.
“Clearly every one of these cabins creates a much bigger footprint and more impervious areas than tents,” he said. He said the current lot coverage is between 24 and 29%. Discussion began about lot coverage, which is based on Kiser’s survey. The amount is over the standard lot coverage, but allows the campground an understanding of moving toward compliance.
“There’s no basis for them to say it’s okay when Barcadia was all tents and RVs,” Cervone said.
Barcadia is the campground that was formerly on that property.
Cervone said, “The density of occupants is increasing significantly.”
He also mentioned the closeness of the site to a cemetery, which is a state guideline. The cabins are manufactured housing, he said, moving a house that is manufactured doesn’t make it a vehicle.
“These aren’t vehicles,” he said.
Chesler said TA-8 (a type of transitory accommodation defined by the town ordinance) is not allowed in the zone so they have to be RVs and not structures to be allowed.
Dority and Cough both expressed concern over the past actions of the campground. There is a condition in the motion that the applicant provides VIN numbers and proof of registration. Kiser indicated he would do that and that they would not start building until Chamberlain approved the wastewater management issues (sufficient septic capacity) and they remove a shed that is currently in the County Road right-of way.
The application was unanimously found complete and approved.
“This is really frustrating,” Planning Board member Ruth Eveland said. “One of the things that is really is really frustrating: We have a mechanism for after-the-fact permits on all kinds of things, and they come to us with regularity.” She said that it causes frustration in the community as well and is a hard way to do business.
EXPLORE ACADIA LLC
By comparison, the public hearing and site plan review for completeness and compliance of the Explore Acadia LLC off Route 3 went quickly. It has a proposed driveway coming off Route 3. Sarah and Davin O’Connell want to build nine rental cabins, one RV site, and a small office building at the 937 Route 3 location. Steve Salisbury represented the owners.
The town’s water system doesn’t have an adequate supply for the water use. They will provide their own.
The seasonal cabins would be 2-by-4 framed with heat pumps because they are seasonal they do not require sprinkler systems.
The board unanimously found the plan complete.
HARBOR LIGHTS SUBDIVISION
The public hearing and site plan review for completeness and compliance of the Harbor Lights subdivision went even more quickly because it had already been found complete except for the capacity letters from the public works and water and sewer department. The project is to create ten single family lots on 19 acres of land. The application was unanimously found complete. No one spoke at the public hearing.
BOARD COMPOSITION
The interviews for open spots on the Planning Board will happen July 13. There are only five members at the moment out of seven members. Joseph Cough’s term is up but he has expressed an interest in continuing. There are two vacant seats. Member Zach Soares was ill and not at the meeting.
EXTRA LINKS TO APPLICATIONS AND OTHER MATERIALS
Bar Harbor Oceanside Campground (KOA)
Public Hearing and Site Plan Review for Completeness/Compliance of SP-2023-03 Bar Harbor Oceanside Campground (KOA)
Applicant: Bar Harbor Oceanside Campground KOA, 136 Country Road, Bar Harbor, ME 04609
Owner: Kampgrounds of America, Inc. 550 N. 31st Street Billings, MT 59101
Application: Project activities include: 1) Placement of five deluxe RV cabins (Site Nos. 827- 831) in an area where six RV/camper sites were located and site restoration; 2) Creation of three new RV/camper sites (Site Nos. 101,102, and 103) and site restoration; 3) Removal of one tent site (Site No. 426), placement of a 3-stall bath house, and site restoration; 4) Removal of one shed within the Country Road right-of-way and site restoration; 5) Relocation of two deluxe RV cabins (Site Nos. 824-825) outside of the County Road right-of-way; and 6) Relocation of one rustic cabin (Site No. KOl) outside of the front setback. The net increase in number of camp sites is three. (Revised May 19, 2023 and June 22, 2023)
Project Location: 105 County Road (Tax Map 211, Lot 3), encompassing a total of ±29.04 acres, according to town tax records
Districts: Town Hill Residential Corridor, Town Hill Residential, and Shoreland Limited Residential
SP-2023-03 Bar Harbor Oceanside Campground Site Plan Application (submitted 4/12/2023)
SP-2023-03 Site Plan Set (submitted 4/12/2023)
Revised Site Plan Application (submitted 4/25/23)
Revised Site Plan Set (submitted 4/25/23)
Revised Application Materials for the June Meeting (submitted 5/18/23)
Revised Site Plan for the June Meeting (submitted 5/18/23)
Application Supplement (submitted 6/15/23)
Revised Site Plans (submitted 6/15/23)
Revised Application Supplement from 6/15/23 (submitted 6/27/23)
Cervone’s letter.
Explore Acadia Cabins
Public Hearing and Site Plan Review for Completeness/Compliance of Explore Acadia Cabins
Applicant/Owner: Explore Acadia LLC/Sarah and Davin O’Connell, 300 Bay View Drive, Bar Harbor, ME 04609
Application: Build 9 rental cabins, 1 RV site and a small office building on the applicants’ property.
Project Location: 937 Route 3 (Tax Map and Lot number: 206-044-000) encompassing a total of ±4.18 acres, according to town tax records
Districts: Salisbury Cove Corridor and Salisbury Cove Residential
SP-2023-04 Explore Acadia Cabins Site Plan Application (submitted 5/18/23)
SP-2023-04 Site Plan (submitted 5/18/23)
Application Revisions and Submission Supplement Materials (received 5/30/23)
Application Supplement outlining the updates & Updated Complete Site Plan Application (submitted 6/14/23)
Application Supplement outlining the updates & Updated Site Plan Application (submitted 6/27/23)
Harbor Lights subdivision
Public Hearing and Site Plan Review for Completeness/Compliance of SD-2023-01 Harbor Lights Subdivision
Applicant/Owner: Christopher Maller Trustee, 18 Hamor Lane, Bar Harbor, Maine 04609
Application: Create 10 single-family lots on 19 acres of land located in the Hulls Cove Residential and Hulls Cove Rural districts.
Project Location: 18 Hamor Lane (Tax Map and Lot number: 216-050-000), encompassing a total of 58.7 acres
Districts: Shoreland Limited Residential, Hulls Cove Residential Corridor, Hulls Cove Rural, Resource Protection and Ireson Hill Residential
SD-2023-01 Harbor Lights Subdivision Sketch Plan (submitted 2/13/23)
SD-2023-01 Harbor Lights Site Plan Application (submitted 5/18/23)
SD-2023-01 Harbor Lights Plan Set (submitted 5/18/23)
Site Plan Application Updates (submitted 6/27/23)
To stream the meeting, click here.
To visit the Planning Board site, click here.
State shore land guidelines say 10% land coverage, they should decrease the coverage density on the shore land portion of the property and allow vegetation/trees to re-grow in the revision to become more compliant.