Appeal rejected

BAR HARBOR — The town’s Board of Appeals declined to hear an appeal questioning the building permit for the expansion of Side Street Café on Rodick Street Tuesday, saying the appeal was not timely.

Owners Jeff and Jena Young received a certificate of appropriateness for the addition from the Design Review Board Nov. 3 and a building permit from town Code Enforcement Officer Angela Chamberlain Nov. 14.

The appeal was filed Dec. 30 by Peter and Ursula Schertenleib, who live for part of the year on Kennebec Street behind the restaurant.

The town’s land use ordinance “clearly limits Bar Harbor’s Board of Appeals jurisdiction to those written applications made within 30 days of the action upon which the appeal is based,” Appeals Board attorney Dan Pileggi wrote in a memo to town Planning Director Bob Osborne.

The board voted 3-0, with members Ellen Dohmen, Roger Samuel and Linda Martin in favor of the motion declaring the appeal not timely. Member Kay Stevens-Rosa recused herself from the vote because she owns property abutting the project.

Issues with seasonal residents not knowing about building projects in time to appeal are common, Dohmen said after the meeting, but in this case, there was evidence the appellants were aware of the project from the beginning.

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