THE RECORD

SPECIAL TOWN MEETING

NOVEMBER 2, 2004

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 8:05 a.m. Election clerks in attendance were: Democrat - Anna Ryan, Barbara Boyington and Barbara Cole (until 4:00 p.m.), Elisa DeMuro and Richard Hirte (at 4:00 p.m.) and Susan Leiter a relief for lunch breaks; Republican - Eleanor Raynes, Helen Wood, Marianne Barnicle (until 4:00 p.m.), and William Skiff (at 4:00 p.m.); Timothy Smith and Debra Mitchell-Dow (at 8:00 p.m.), and Joanne Sousa a relief for lunch break. 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 unanimously. Seven votes were cast for Chad Smith. Mr. Smith was declared elected moderator and was sworn in by the Town Clerk. Milford Shaw was appointed by the moderator as Deputy Moderator and was sworn in by the Town Clerk. The moderator declared the polls open at 8:10 a.m. until 8:00 p.m.

There were 3,204 Town ballots cast that included 886 absentee ballots. There were total of two spoiled ballots.

ARTICLE 2 - CHARTER AMENDMENT: Clarifying Town Meeting Procedure – Shall the Town approve the Charter amendment reprinted below with said amendments to take effect immediately upon adoption?

Note: Language suggested for deletion is shown as stricken out and new language is underlined.

TOWN CHARTER

ARTICLE VII – Warrant Committee

§ C-36. Duties and responsibilities.

* * * *

B. The Warrant Committee shall submit its recommendations on budget articles to the Town Council and review them at a joint meeting at least two weeks prior to Town Meeting. as provided by Charter section C-31 “Preparation and submission of the budget.”

Recommendations:

The 7 member Town Council recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 17 to 0.

VOTED: This article passed by the following votes:

YES 2,479 NO 365

Article 3 – Land Use Ordinance Amendment –Exceptions to setback & lot coverage limitations – Shall an Ordinance dated July 6, 2004 entitled “An ORDINANCE to amend the bar harbor code chapter 125, land use ordinance, section 125-67 to amend the exceptions to setback and lot coverage to exclude shoreland districts” be enacted?

Recommendations:

The 7 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 18 to 0.

VOTED: This article passed by the following votes:

YES 2,160 NO 639

Article 4 – Land Use Ordinance Amendment –Process for Minor Site Plan and Subdivision – Shall an Ordinance dated July 6, 2004 entitled “An ORDINANCE to amend THE BAR HARBOR CODE, CHAPTER 125, LAND USE ORDINANCE, SECTION 125-61 TO AMEND THE procedurAL REQUIREMENS OF the minor site plan and subdivision MODIFICATION process” be enacted?

Recommendations:

The 7 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 18 to 0.

VOTED: This article passed by the following votes:

YES 2,266 NO 504

Article 5 – Land Use Ordinance Amendment –Regulations for Certain Transient Accommodations – Shall an Ordinance dated July 6, 2004 entitled “An ORDINANCE to amend the bar harbor code, chapter 125, land use ordinance, sections 125-109, 125-112, and 125-114 to allow Transient Accommodations levels 3, 4 & 6, respectively, a 10% floor area or cubical volume increase with approval by the Design Review Board” be enacted?

Recommendations:

The 7 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 17 to 0, with 1 abstention.

VOTED: This article passed by the following votes:

YES 2,207 NO 559

Article 6 – Land Use Ordinance Amendment –Requirements for Lots with Multiple Frontage – Shall an Ordinance dated July 6, 2004 entitled “An ORDINANCE to AMEND THE BAR HARBOR CODE, CHAPTER 125, LAND USE ORDINANCE, SECTION 125-67 AND SECTION 125-109 TO define Setbacks for lotS with multiple frontage and TO MODIFY DEFINITIONS OF “lOT LINE” be enacted?

Recommendations:

The 7 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 17 to 1.

VOTED: This article passed by the following votes:

YES 2,198 NO 522

Article 7 – Land Use Ordinance Amendment – Modifications to Land Use and Construction Permits– Shall an Ordinance dated July 6, 2004 entitled “An ORDINANCE to amend the bar harbor code, chapter 125, land use ordinance section 125-88 to require proper approvals of MODIFICATIONS to any regulatory or construction permit” be enacted?

Recommendations:

The 7 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 18 to 0.

VOTED: This article passed by the following votes:

YES 2,272 NO 472

Article 8 – Land Use Ordinance Amendment – Code Enforcement – Shall an Ordinance dated July 6, 2004 entitled “An ORDINANCE to amend the bar harbor code, chapter 125, land use ordinance, sections 125-99 and 125-101 to state the authority of the Code Enforcement Officer to enforce the actions of regulatory boards” be enacted?

Recommendations:

The 7 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 18 to 0.

VOTED: This article passed by the following votes:

YES 2,267 NO 457

Article 9 – Land Use Ordinance Amendment –Temporary Accessway Allowances – Shall an Ordinance dated July 6, 2004 entitled “An ORDINANCE to amend the bar harbor code, chapter 125, land use ordinance, section 125-71 to define and regulate the construction of temporary accessways as part of SUBDIVISION PERMITTING activities” be enacted?

Recommendations:

The 7 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 15 to 3.

VOTED: This article passed by the following votes:

YES 2,135 NO 572

Article 10 – Land Use Ordinance Amendment – Expansion of Allowance for Churches and Change of Definition to Places of Worship – Shall an Ordinance dated July 7, 2004 entitled “An ORDINANCE to AMEND THE BAR HARBOR CODE, CHAPTER 125, LAND USE ORDINANCE, SECTION 125-109 TO REDefine “church” as a “place of worship” and TO regulate this use in the table of allowed uses, Appendix C” be enacted?

Recommendations:

The 7 member Planning Board recommends rejection, by a vote of 5 to 0.

The 22 member Warrant Committee recommends rejection, by a vote of 14 to 1, with 3 abstentions.

VOTED: This article required passage by two-thirds (2/3) votes, it failed by the following votes:

YES 1,496 NO 1,275

Attest: __________________________________________________

Patricia A. Gray, Town Clerk of Bar Harbor