THE RECORD
SPECIAL TOWN MEETING
NOVEMBER 6, 2001
Town of Bar Harbor
The Town of Bar Harbor Special Town Meeting was held in the Municipal Building auditorium, third floor, and the Town Clerk called to order the meeting at 8:00 a.m. Election clerks in attendance were: Democrat - Anna Ryan, Richard Hirte and Valerie Davis; Republican - Eleanor Raynes, Milford (Artie) Shaw, and Helen Wood. The Town Clerk, Patricia A. Gray, served as warden and Carolyn Eaton served as deputy clerk and deputy Registrar of Voters for the day. The following action was taken:
Article 1
ELECTION OF MODERATOR - To choose a Moderator to preside at the meeting. The Town Clerk opened the floor for election of moderator. Nomination for Chad Smith as moderator was made. There were no other nominations. It was moved, duly seconded and voted that nominations cease. Motion passed by unanimous vote. Eight votes were cast for Chad Smith. Mr. Smith was declared elected moderator and was sworn in by the Clerk. The moderator appointed and the Town Clerk swore in Carolyn Eaton to act as Deputy Moderator during the time he was absent from the polls. The moderator declared the polls open at 8:07 a.m. until 8:00 p.m.
There were 1,053 Town ballots cast that included 74 absentee ballots. There were total of five spoiled ballots.
Article 2
CHARTER AMENDMENT: Council Salary - Shall the Town approve the Charter amendment reprinted below with said amendment to take effect immediately upon adoption?
00.03 THE TOWN COUNCIL
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00.03.02
Each member of the Town Council shall be paid an annual salary of
$500$1500, except the Chairman, whose annual salary shall be$600$1800. Each member's salary shall be paid annually in one lump sum on or about the anniversary date of the date that he/she was sworn into office. In the event that a member vacates his/her office as provided in 30-A M.R.S.A. § 2602 (1), as amended, his/her salary shall be prorated based on the number of months that member has held office, to the nearest full month.Recommendations:
The twenty two member Warrant Committee recommends adoption of this article, a vote 11 to 1.
VOTED: This article passed by the following votes:
YES 756 NO 285
Article 3
LAND USE ORDINANCE AMENDMENT: Restaurant Drive-up Windows Prohibited - Shall the Town of Bar Harbor vote to amend the Land Use Ordinance as follows:
15.12 CONSTRUCTION AND DEFINITIONS
15.12.02 Definitions
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Drive-Up Window: A window where one can pull up in a vehicle to place an order for food or beverage, pay for and receive the food or beverage, and drive away, without ever having to get out of the vehicle.
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Restaurant: An establishment whose principal business is the sale of food and beverages to consumers in a ready to consume state, and whose principal method of operation includes one or both of the following characteristics: (1) customers normally are served their food and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; or (2) a cafeteria type operation where food and beverages generally are consumed on the restaurant premises. Drive-up windows for the procurement of food are not an approved use in the Town of Bar Harbor.
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Restaurant, Take Out: An establishment whose principal business is the sale of food or beverages to consumers in a ready to consume state, which is not licensed to serve alcoholic beverages to be consumed on the premises, with all of the following characteristics: (1) six (6) or less counter seats or stand up counter spaces for patrons; (2) a cafeteria type operation where food and beverages generally are consumed off of the premises; and (3) no tables are available for the use of customers. Drive-up windows for the procurement of food are not an approved use in the Town of Bar Harbor.
Recommendations:
The seven member Planning Board recommends adoption of this article, a vote of 6-0.
The twenty two member Warrant Committee recommends rejection of this article, a vote of 2-9-1.
VOTED: This article passed by the following votes:
YES 578 NO 463
Article 4
LAND USE ORDINANCE AMENDMENT: "Grand-fathered" Parking Requirement - Shall the Town of Bar Harbor vote to amend the Land Use Ordinance as follows:
15.05 SITE PLAN REVIEW
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15.05.10.10 Maps, Plats or Plans
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legally existing and proposed parking, loading and unloading areas indicated with dimensions, traffic patterns, parking angles, curb radii and such other information as may be necessary to ensure compliance with applicable standards;
Recommendations:
The seven member Planning Board recommends adoption of this article, a vote of 6-0.
The twenty two member Warrant Committee recommends adoption of this article, a vote 12 to 0.
VOTED: This article passed by the following votes:
YES 891 NO 116
Article 5
LAND USE ORDINANCE AMENDMENT: Handicap Parking Standards-
Shall the Town of Bar Harbor amend the Land Use Ordinance as follows:
15.05 SITE PLAN REVIEW
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15.05.12 General Review Standards
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15.05.12.05.04
Parking stalls and aisle layout shall comply with the following standards:
Universally accessible or handicapped stalls and pedestrian aisles are exempted from the dimensional requirements of this section but shall comply with the current standards of the Americans with Disabilities Act requirements for parking stalls and access aisles.
Recommendations:
The seven member Planning Board recommends adoption of this article, a vote of 6-0.
The twenty two member Warrant Committee recommends adoption of this article, a vote of 11 to 1.
VOTED: This article passed by the following votes:
YES 928 NO 98
Article 6
LAND USE ORDINANCE AMENDMENT: Multifamily Dwelling I Modification -
Shall the Town of Bar Harbor vote to amend the Land Use Ordinance as follows:
Appendix C- Table of Permitted Uses
The Table of Uses promulgated pursuant to Section 15.03.01, shall be amended to require Planning Board approval for all Multifamily Dwelling I permitted uses.
Recommendations:
The seven member Planning Board recommends adoption of this article, a vote of 4-1-1.
The twenty two member Warrant Committee recommends adoption of this article, a vote of 12 to 0.
VOTED: This article passed by the following votes:
YES 789 NO 207
Article 7
LAND USE ORDINANCE AMENDMENT: Caliper Definition - Shall the Town of Bar Harbor vote to amend the Land Use Ordinance as follows:
15.12 CONSTRUCTION AND DEFINITIONS
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15.12.01 Construction of Language
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Caliper: A measurement of the size of a tree equal to the diameter of its trunk measured
fourand one-half feet (4.5’)six inches (6") above natural grade.Recommendations:
The seven member Planning Board recommends adoption of this article, a vote of 6-0.
The twenty two member Warrant Committee recommends adoption of this article,
a vote of 12 to 0.
VOTED: This article passed by the following votes:
YES 826 NO 162
Article 8
LAND USE ORDINANCE AMENDMENT: District Map Change - Shall the Town of Bar Harbor amend the Land Use Ordinance as follows:
Change Bar Harbor Tax Map 12A, Lot 26 from the Ireson Hill Residential District to the Hulls Cove Rural District.
Recommendations:
The seven member Planning Board recommends rejection of this article, a vote of 6-0.
The twenty two member Warrant Committee recommends rejection of this article, a vote of 2 to 10.
VOTED: This article failed by the following votes:
YES 247 NO 717*
*This article met the required two-thirds of votes to pass.
Attest: __________________________________________________
Patricia A. Gray, Town Clerk of Bar Harbor