Tremont appeals board favors citizens in campground case; penalty due May 5
Gouldsboro issues draft of highly restrictive aquaculture license
SOMESVILLE, April 16, 2022 - What is the penalty for violating the town’s land-use ordinance as determined by the Board of Appeals this week in the long simmering case of the campground atop a hill in West Tremont across from a historic cemetery and a Church?
Will the appeals board remand the matter of Acadia Wilderness Lodge’s permit back to the Planning Board for reconsideration or will it declare outright that the permit is null and void?
The latter would deal a profound blow to the project because more restrictive campground regulations being presented to voters May 10 will come into play if AWL is forced to file a new application.
No doubt the campground owners would prefer the matter land back in the friendly confines of the planning board, which did back flips to grant a permit last Nov. 1.
The appeals board will make its decision May 5.
Thursday night’s unanimous vote upholding the appeal was a major victory by the citizens group Concerned Tremont Residents which has contended for more than a year that a giant campground is not appropriate in the middle of a residential neighborhood, despite its residential/business zone.
The appeals board agreed with CTR lawyer’s argument that a smaller 11-yurt abutting campground granted a permit in 2019 is being fully integrated into the larger 55-unit campground, end-running local ordinances.
Member Michael Hays pointed out at a previous meeting that AWL’s own website makes little distinction between the two.
The resulting 66-unit campground requires its own plan for water runoff, traffic, waste disposal, lot coverage and other infrastructure, the appeals board in effect ruled.
“I agree with Mike,” said member Mel Atherton. “I agree with the CTR. The project has the same access, the same administration building, same recreation building, the same ownership. In my mind, it should be considered as one project and to not do so is an error.”
The Hopkins family which owns the campgrounds stirred the biggest citizens protest in town history when when it disclosed in January 2021 plans for a 154-unit campground in rural West Tremont, including 72 RVs.
After a summer of neighborhood meetings, the Hopkins returned with a proposal for a 55-yurt “glamping” site. But appeals board members noted that the original application was for a campground, not a luxury destination with fancy “yurts.”
The citizens group was then formed to battle the proposal. It successfully petitioned for a six-month moratorium on campground development which voters approved 428-215 on Nov. 2, 2021. But on the previous night, planning board chair Mark Good oversaw a six-hour meeting and approved the permit for AWL minutes before midnight on Nov. 1.
High-pitched acrimony and ad hominum attacks by lawyers representing the campground interests have characterized much of the discourse. At a previous meeting, the AWL lawyer accused appeals board member Hays of indulging in “conspiracy theories” when Hays posited that the campgrounds were a single entity.
That was only bested by the town’s own hired hand.
Town Counsel James Collier at a select board meeting in March called a citizens proposal for land-use ordinance changes “stupid.” At the same meeting, the select board approved the Planning Board’s less restrictive changes, which were a direct result of the citizens pressure, to be placed on the town meeting agenda May 10.
Collier, who has the assignment to recommend next steps, has a history of ex parte communications with only one side. He was blasted by three different opposing lawyers when, as Mount Desert’s planning board counsel in its eight-year zoning battle over Hall Quarry, communicated with the lawyer representing the quarry owner for 18 months without telling the board. He only disclosed it at the insistence of the code enforcement officer.
The QSJ has asked him repeatedly whether he has held private discussions with AWL’s lawyer and he has not responded.
The proposed “Recreational Lodging Facilities” ordinance on the May 10 ballot has setback requirements, limit of maximum units and other features with which the current AWL would not be in compliance. It also defines abutting campgrounds under the same management or control as one project.
The best way to protect citizens interest from such a fundamentally flawed permit is for the appeals board to reverse the PB decision, and force AWL to comply with the desire of the community.
That’s exactly what member Richard Cohen proposed.
“It (AWL) remains an unsolved significant problem, one that, in my view, requires us to reverse the actions in the planning board.”
“So what I also know now is that the total 66-unit project in its current form has never been accurately tested to see if it meets ordinance standards. The village itself no longer is what it was. And the combined impact of the whole project, as it now exists. has never been evaluated.”
Watch Cohen, a retired judge, offer this brilliantly succinct review of the saga of AWL from its beginning in the video below, starting at minute 22 and 30 seconds.
FOOTNOTE: Jayne Ashworth, candidate for select board, issued this statement after watching the meeting:
“I am grateful to everyone who serves on Town boards – they use their time to help move us forward as a community. Last evening, the Planning Appeals Board voted to uphold the appeal on the Acadia Wilderness Lodge (AWL) application filed by the Concerned Tremont Residents (CTR). Many of these concerns had been expressed during the seemingly countless Planning Board meetings on this application.
”If Tremont had a better Land Use Ordinance which more clearly defined for everyone – citizens, applicants and our hard working Planning Board members – in what direction we as a community want our community to grow/go, this type of situation would be less likely to occur. If elected, I will work to try to hear what direction our citizens want our community to take, and will work to try to modify the existing Land Use Ordinance to reflect those desires.
The QSJ emailed select chair Jamie Thurlow who was traveling and stated he did not view the meeting.
FOOTNOTE: The New York Times interviewed the CEO of KOA and the company’s new Terramoor brand and its vision for glamping. The story ran April 9. https://www.nytimes.com/2022/04/09/travel/koa-glamping-camping.html
Gouldsboro’s aquaculture license ordinance poses challenge for American Aquafarms
GOULDSBORO - The select board unveiled a sweeping new aquaculture licensing ordinance Thursday night which, if enacted, will require American Aquafarms to make financial disclosures and conduct a federal environmental impact statement.
The 23-page proposal, which you may read by clicking here, will be reviewed by the he Planning Board Tuesday. Attorney Tim Pease of Rudman Winchell will answer questions about his draft.
A crucial question remains: Does the town have the right to regulate activity over the water?
“I don't know,” said Planning Board chair Raymond Jones. “That's something that's going to be questioned again, and it might be challenged.
“It's the business on the land that relates to what's on the water, because whatever is done on the water has to come to land. By putting a limit on what’s on land you’re having some control because everything that’s defined on land, whether it’s ‘pounds and catch’ reflects something that's brought ashore. At which point you're measuring something.”
Gouldsboro has something on land of value to American Aquafarms, the 11-acre site of a former sardines cannery and lobster processing plant which AA had identified as the best facility to process its salmon farmed in Frenchman Bay. AA has yet to close on the purchase of that property which it announced more than a year ago.
Among the requirements in the ordinance draft:
The applicant would be required to conduct a environmental impact study, which is expensive and time-consuming.
If the applicant is using untested technology, the planning board may require a smaller scale “probationary phase” of development.
Noise, odors, traffic, parking, lighting standards must be met.
Applicants may be required to pay for consultants hired by the town.
A performance guarantee in the form of a bond, escrow account and letter of credit may be required.
There are requirements for water usage and proper disposal of waste and waste water.
The planning board may hire a monitor to perform inspections paid by the applicant.
Incumbent fisheries would be “grandfathered,” Ray Jones said, but would fall under the ordinance if they seek to expand their territory.
The draft does not specify limits on the size of the projects, as determined by the haul, to give the town an opportunity to weigh in.
“I anticipate that there'll be a period of time before we get all of that information in and there'll be a lot of input from the community. So I anticipate that it's going to take some time to get all of that into the ordinance,” Ray Jones said.
The select board is scheduled to extend the moratorium on aquaculture development passed on Nov. 17 for another six months at its next meeting April 28. (The QSJ incorrectly stated the vote was on the board agenda Thursday night.)
After the town decides on a final draft, there will be a public hearing and special town meeting scheduled. Jones expects the six-month extension will be plenty of time to enact the ordinance.
All the towns in DownEast would be wise to consider adopting all or sections of Gouldsboro’s ordinance. If AA fails to be permitted to off load its salmon in Gouldsboro, it could seek a solution in another nearby town.
FOOTNOTE: Coastal municipalities and the State of Maine are hatching opposite aquaculture policies. The towns are hiring lawyers and creating citizens groups to oppose fish farms, while the state is caving in to the industry.
The legislature’s Marine Resource Committee recently capitulated to the Maine Aquaculture Association and removed a $250,000 “special fee” sought by the Department of Marine Resources for complicated applications such as the American Aquafarms’s proposal for 120 acres of net pens to farm salmon in Frenchman Bay.
AA’s application for 120 acres of net pens to farm salmon in the middle of Frenchman Bay is requiring countless hours of staff time at the Department of Marine Services.
Marijuana store owner wins unimpeded right to hold select board seat
SOUTHWEST HARBOR - Select board candidate Natasha Johnson won her skirmish with Select chair George Jellison Tuesday when the board approved the recommendation by Town Manager Marilyn Lowell to remove clumsy licensing language which prohibits persons who own a marijuana store to be a select member.
Johnson and her husband own Meristem in the Seal Cove shopping strip - the only marijuana retail store in Hancock County. She is also a candidate for the select board.
The state’s new marijuana law prohibits state police and corrections officers from owning a marijuana store.
But Southwest Harbor in 2020 went beyond that. The previous town manager inserted more restrictive language in Meristem’s application to include “employment” by town boards as conflicts. See this section of the form:
Johnson was not a member of any town board when she and her husband applied in 2019 for the permit. She appeared in late February to ask the select board to change the restriction.
After member Carolyn Ball moved to remove those limitations placed on Natasha Johnson’s Constitutional rights and Chad Terry also voted yes, chair George Jellison voted no, saying the town has a right to impose more restrictive language than the state’s.
Member Allen “Snap” Willey joined Jellison’s no vote, despite his conflict as a candidate for re-election, blocking an opponent.
In March, Lowell sought an opinion from the lawyer who drafted the town’s marijuana ordinance and he recommended removing the more restrictive language. The vote Tuesday was 3-0, including Jellison’s vote to amend the language.
Annual Spring Clean-up for Mount Desert
SOMESVILLE - We’re coming upon my favorite week of the year - the annual townwide spring cleanup.
I have a Taylor Made golf bag, a three-wheel golf cart, a night table and sundry other stuff which I have retrieved after they were deemed detritus by previous owners. Hint: The best stuff is in Northeast Harbor. Not the best volume, but high quality.
Items must be out on the road by 7 a.m. on Monday.
**Spring clean-up coincides with school vacation EVERY YEAR,” according to the town website.
“Please note that your regular household trash will be collected on your regular pick-up day.”
“Following is the schedule for the week. It is flexible and will vary depending upon on the volume of trash that is set out to be collected. Due to cost and time constraints, we are not able to backtrack so please pay particular attention to the schedule. There will be only one pick-up per residence.”
Monday: We will start in Northeast Harbor.
Tuesday: We will start at the intersection of Routes 3 (Peabody Drive) & 198 (Sound Drive) and work towards Seal Harbor.
Wednesday: We will start in Otter Creek and work back towards Seal Harbor.
Thursday: We will start on Route 198 (Sound Drive) and work towards and into Somesville.
Friday: We will collect from the general area including Hall Quarry, Pretty Marsh, and Beech Hill areas.
**We will collect bags of leaves on April 25,2022
“One truck will collect materials that include lesser amounts of asphalt shingles, tarpaper, sheet rock, insulation, plastic bags, and other non-wood materials. Amounts are limited to the size of a pick-up truckload, 8' X 6' X 3.5', approximately six (6) cubic yards.
“Another truck will collect a maximum of four tires per residence without rims (the rubber only) and metal appliances such as stoves, freezers, refrigerators, washing machines, and dryers. The doors must be completely removed from freezers and refrigerators. If they are not, they will not be picked up.
“Another truck will collect burnable wood waste such as brush and tree limbs and a separate truck will collect lumber and other wooden materials. To be collected, all wood waste must be less than four-feet in length and less than six-inches in diameter. Amounts are limited to the size of a pick-up truckload, 8' X 6' X 3.5', approximately six (6) cubic yards. Stumps will not be collected.
“Engine blocks and vehicle motors with bases removed will be collected. They must be free of all fluids.
“All materials must be in suitable containers or bundles able to be handled by one person.
“Materials that will not be collected include batteries of any kind, boats, hazardous waste (petroleum products, antifreeze, etc.), universal waste (TV's, computer components, etc.).
“The onsite supervisor will determine what is acceptable and what is not. That person will also determine acceptable load sizes. If you have any questions, please call 276-5743, 276-5744 or 276-5531. Your assistance will be appreciated.”
Change of location for election
Mount Desert Town Clerk Claire Woolfolk asked to remind folks the municipal election May 2 has been moved to the town hall meeting room at 21 Sea Street, Northeast Harbor, because the Somesville fire station is under remodeling.
The annual town meeting is May 3 at 6 p.m. at the Mt Desert Elementary School.
Southwest Harbor’s town meeting is May 2 at
Pemetic Elementary School at 7, followed by election day May 3 at the fire station.
Tremont town election is May 9. Town meeting is May 10.
Bar Harbor’s annual meeting and elections are June 7 and 14.
TRIBUTE: Waltraud Marie Kunica
1927 - 2022
BAR HARBOR - Waltraud Maria Kunica, a Wellesley, Ma. resident for 57 years, passed away on Monday, April 4, 2022, at Birch Bay Village in Bar Harbor, Maine. She was 95 years old. Waltraud was born April 2, 1927, in Passau, Germany, the daughter of Rudolf and Olga (Brunner) Schiessl. Waltraud was predeceased by her husband of 55 years, Serge Kunica, of Polish-Ukrainian descent.
During the years of WWII in Munich, Germany, young Waltraud, and her parents endured the cities’ devastation and other personal hardships. Waltraud married Serge on October 9, 1952. In 1954 Waltraud and Serge immigrated to the United States where Serge was offered a professional engineering position in Milwaukee, Wisconsin.
While still in Munich, Waltraud earned a teaching degree and briefly taught at a Gymnasium Schule. However, her passion was interior design which she expressed through creating an inviting and elegant home. Her proclivity for the creative arts spanned from painting to clothing design, to attending many theatrical productions, symphonies, and ballet performances. Her beloved husband accompanied her to many a ballet and even managed to stay awake for some of it.
Her father, Rudolf, who flew a biplane as a reconnaissance pilot during WWI, likely inspired Waltraud to pursue her dream of learning to fly. She successfully completed her solo flight and ground school, earning her private pilot’s license in 1966. Waltraud was a lifelong member of the international women pilot’s organization, the Ninety-Nines. In 1972, she initiated a flying club at the Wellesley Senior High School.
Waltraud also delighted in actively participating in the Wellesley Assemblies, Chromatic Club, World Affairs Council, and Wellesley Tennis Association’s Sunday round robin tennis tournaments.
Waltraud and Serge were avid travelers, the highlight being a chartered circumnavigation of the globe organized by the MIT Alumni Association.
Waltraud is survived by her daughters, Doris (Kunica) Wright and her husband Bill Wright, of Bar Harbor, Maine; Enora (Kunica) Rogers and her husband Kevin Rogers of Yokosuka, Japan; grandchildren Sydney Wright of New York, NY; Kyle Rogers, of Tulsa, OK and Sean Rogers of Stillwater, OK; nephew George Egler of Edmonton, Alberta, Canada.
A private graveside service will be held at Woodlawn Cemetery in Wellesley.
Condolences may be expressed at www.jordanfernald.com