Heel Way

In March 2023, Mount Desert 365 began its application for the Heel Way Subdivision, a plan to provide six homes for your-round residents in Northeast Harbor. The first step was a sketch plan review. The second step was an application completeness review, followed by a public hearing in June. The final step, a compliance review of the application, started in August.

In October 2023, after eight meetings over eight months to determine adherence to the standards laid out in local ordinances, the Mount Desert Planning Board approved the application for the Heel Way Subdivision.

In November a group of seven property owners who live in Northeast Harbor for several months each year, had their attorney from Lewiston, Maine appeal the Planning Board’s final approval of that application with the Hancock County Superior Court, per instructions of the Subdivision Ordinance. Their appeal questioned the Planning Board’s decisions on density, lot coverage, road requirements, open space and the requirement of a performance bond. The matter was moved to the Business and Consumer Docket of the court to expedite the process. The matter was heard on May 28, 2024.

On June 24, 2024 the court rendered its decision, denying the appeal and affirming the decision of the Mount Desert Planning Board to approve the application. The court found there was no evidence of either legal error or abuse of discretion in their decision.

Mount Desert 365 regrets to report this group of plaintiffs filed an additional appeal on this matter. This action further delayed the development of this much needed housing and added to the costs for the town and the community.

Maine Supreme Judicial Court heard final oral arguments by counsel on April 10, 2025, followed by deliberation. A ruling is pending and will be shared here, in our newsletter, and on social media once the final decision has been rendered.