BAR HARBOR — An addition connecting the buildings that house Side Street Café at 49 Rodick Street and Thrive Juice Bar next door at 47 Rodick Street is facing an appeal from neighbors. The Appeals Board is set to consider the complaint, which claims the addition does not respect a required setback, at a Feb. 14 hearing.
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 restaurants. They are represented by Jason Barrett of Eaton Peabody. Although the couple’s appeal was filed after the 30-day window prescribed in the code, it will be up to the board to determine whether or not to allow it, Chamberlain said Wednesday.
“I am astonished and upset to see that between a basement wall under construction and our property is a setback of probably 8-10 feet. The building code requirement … to my knowledge, requires a minimum of 25 feet,” Peter Schertenleib wrote in an email to Chamberlain.
Chamberlain replied that the property owner of 47 and 49 Rodick St., 4749 LLC, combined the two lots to create one new lot.
“Doing this eliminated the property line between the two lots and allowed the buildings to be expanded toward one another,” she wrote in a Dec. 13 email. “This addition connects the two buildings together to create one structure.”
In the appeal application, Barrett argues that the buildings are still separate structures. “You cannot extend or enlarge building B to increase the nonconformity of building A,” he wrote.
The basement level of the addition is set to include a new prep kitchen, walk-in coolers and stairs, according to filings. The main level will include a larger kitchen, a server area and a dish pit. Tables will be removed from the south side entry to Side Street, and a new dining area will be added above the prep kitchen, the design review application says.
Public comment on the appeal may be sent to Planning Director Bob Osborne at the Municipal Building at 93 Cottage St. or at email@example.com. The deadline for comments is Feb. 7.