BAR HARBOR — Resident Elizabeth Mills’ appeal to reverse the town’s decision to approve Ocean Properties’ plan to expand an apartment complex for employee housing was dismissed Tuesday.
With little discussion, the appeals board voted unanimously to dismiss the appeal on account of the application being incomplete. The materials submitted with the appeal were insufficient for the board to make a decision, the board surmised, and therefore the appeal was dismissed.
“Were we given by the appellant a complete application in order to convince us that the planning board acted clearly against the LUZO (Land Use Ordinance)?” Appeals Board Chair Ellen Dohmen asked. “That’s a very high bar.”
Andrew Hamilton, representing Ocean Properties, pointed out that the appeal did not include “verbatim transcripts” of planning board meetings, and what was supplied were “incomprehensible and unintelligible.” Pointing out that the approved site plan was left out of the appeal as well, Hamilton concluded “We object to this appeal, because you don’t have a complete record.”
John Steed, representing Mills, said, “I don’t see anywhere where it says appellant has to bring a complete record. I didn’t plan to rely on any of those documents.”
Daniel Pileggi, serving as the town’s legal council, told the board it was their decision whether the appeal “is complete, and if the appellant supplied a sufficient record.”
In discussion, board member Robert Webber said of the meeting transcripts included in the appeal, “I had a hard time figuring things out. There is nothing in this to show us wherein that finding was wrong.”
Other board members spoke in agreement, and moved to vote to dismiss the appeal.
With their major site plan application still approved, Ocean Properties plans to turn 16 apartment units into 18 units. 16 units will be seasonal employee housing, and two will be for year-round affordable housing.
Mills, whose historic house and garden abuts the proposed development, filed the appeal March 19.