THE RECORD

SPECIAL TOWN MEETING

NOVEMBER 4, 2003

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, Barbara Boyington (until 5:00 p.m.), Valerie Davis, and Richard Hirte (at 5:00 p.m.); Republican - Eleanor Raynes and Helen Wood; Green Independent Alice Long.  Milford (Artie) Shaw served as Warden.  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 swore in Milford Shaw 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 2,050 Town ballots cast that included 233 absentee ballots.  There were total of three spoiled ballots.

 

 


Article 2- LAND USE ORDINANCE AMENDMENT: Height – Shall an ordinance dated August 5, 2003 and entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance to clarify thirty-one foot height and mechanical space’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption, a vote of 15 to 0. (7 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,592                           NO      331

 

 


Article 3 - LAND USE ORDINANCE AMENDMENT – Reconsideration - Shall an ordinance dated August 5, 2003 and entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance to clarify the language by amending additional to further’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption, a vote of 15 to 0. (7 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,606                           NO      279

 

 


Article 4 - LAND USE ORDINANCE AMENDMENT – Definition of Agricultural Activity and Appendix C Table of Permitted Uses. – Shall an ordinance dated August 5, 2003 and entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance to define Agricultural Activity and the Appendix C Table of Permitted Uses’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption, a vote of 15 to 0. (7 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,606                           NO      277

 

 


Article 5 - LAND USE ORDINANCE AMENDMENT – Construction of Language - Shall an ordinance dated August 5, 2003 and entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance to confirm the authority of staff to apply standards’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption , a vote of 15 to 0. (7 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,513                           NO      345

 

 


Article 6 - LAND USE ORDINANCE AMENDMENT – Permitting exploratory surveying. – Shall an ordinance dated August 5, 2003 and entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance to permit construction of temporary access ways, other site work or field investigations for the sole purpose of obtaining requisite site information’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption, a vote of 15 to 0. (7 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,492                           NO      393

 

 


Article 7 - LAND USE ORDINANCE AMENDMENT – Submission Requirements – Shall an ordinance dated August 5, 2003 and entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance to omit the required arrears payment of local taxes or assessment for site plan review’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption, a vote of 8 to 6. (8 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,160                           NO      596

 

 


Article 8 - LAND USE ORDINANCE AMENDMENT – Gross Leasable Area – Shall an ordinance dated August 5, 2003 and entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance to modify the definition of Gross Leasable Area for calculating parking spaces’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption, a vote of 14 to 0. (8 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,444                           NO      334

 

 


Article 9 - LAND USE ORDINANCE AMENDMENT – Exceptions to Setback and Lot Coverage. – Shall an ordinance dated August 5, 2003 and entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance to expand exceptions to setback and lot coverage’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption, a vote of 15 to  . (7 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,338                           NO      449

 

 


Article 10 - LAND USE ORDINANCE AMENDMENT – Article VI Nonconformity - Shall an ordinance dated August 13, 2003 and entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance to clarify the reconstruction of non-conforming structures’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption, a vote of 9 to 5. (1 Abstention, 7 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,380                           NO      394

 

 


Article 11 - LAND USE ORDINANCE AMENDMENT – Downtown Business I and Downtown Business II - Shall an ordinance dated August 5, 2003 and entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance including the Neighborhood District Map, as on file in the Town Clerk’s office, to identify the business district as two separate districts’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption, a vote of 9 to 2. (1 Abstention, 10 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,327                           NO      444

 

 


Article 12 - LAND USE ORDINANCE AMENDMENT – Design Review Standards: multi-tenant signage and additions to Appendix A – Historic Properties in Design Review Overlay District. – Shall an ordinance dated August 5, 2003 and entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance the method of review for multi-tenant signage and add historic signs to Appendix A for removal from the calculation of required sign area’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption, a vote of 14 to 0. (8 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,447                           NO      334

 

 


Article 13 - LAND USE ORDINANCE AMENDMENT – Revised Appendix C: Table of Permitted Uses: amendments to permitting requirements of specific uses. – Shall an ordinance entitled ‘An Ordinance to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance to modify the permitting requirements of specific uses as shown on Amendments to Appendix C – Table of Permitted Uses, dated August 5, 2003, a copy of which is on file in the Town Clerk’s office’ be enacted?

 

Recommendation:

The 7 member Planning Board recommends adoption, a vote of 6 to 0. (1 Absent)

The 22 member Warrant Committee recommends adoption, a vote of 14 to 0. (8 Absent)

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     1,414                           NO      334

 

 

 

 

 

 


Attest: __________________________________________________

                                   Patricia A. Gray, Town Clerk of Bar Harbor