HomeMy WebLinkAbout1998-03-23 98-152 ORDERCOUNCIL ACTION
Item No. 98-152
Date March 23 1998
Item/Subject: Authorizing Execution of Settlement Agreement
-- East Side Neighborhood Associalign v. city Bangor et gl
Responsible Department: Legal
This Order would authorize execution of a settlement agreement in a
pending Law Court appeal, involving the Hast Side Neighborhood
Association's challenge to the City's approval of a site plan
application submitted by Hogan Road Associates in 1995, for
development of a parcel at the corner of Hogan Road and Mt. Hope
Avenue. Under the proposed settlement, Hogan Road Associates would
rawest a Znchange a9 Co its Mt. Hope Avenue entrance way, and
would impose other restrictions Co minimize the impact of its
development on the neighborhood. In return, the East Side
Neighborhood Association agrees not to oppose the zone change
request.
I recommend your approval.
•
Associated Information: Order, Settlement Agreement
Finance Director
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98-152
Avdgaed to CamcHor Rohman March 23, 1998
CITY OF BANGOR
(nom) orba Autho 11 r rzing.Bxe I cut I inn oe settlement Agreement.
-- East Side Neighborhood As o 1 f Bangor
BY W C4 OwyeJ ofW Oily ofRMA r.
ORDS My
TWT the City Solicitor is hereby authorized, on behalf
of the City of Bangor, to execute a settlement agreement in East
Side Neighborhood Association City of Bangor at al, Law Court
docket n. PEN -97-534, to resolve pending issues between the
parties in that case. A copy of the settlement agreement is
attached to this Order and is incorporated herein by reference.
98-152
IN CITY COUNCIL
March 23, 1998 - O R D E R
Councilor Lean abstained from
discussion and vote Title, Authorizing Execution of Settle -
Order Passed ment Agreement - Hast Side Neighborhood
Association V. City of Bangor at al
.. .. .. .. ...
CITY CL8&t �yJ{
/1�ylg^M^V^.^A1eopmed to
......V ........
Councilman
98-152
M
WILLIAM L. VARNEY, of Bangor, Maine, Atlantic Investments' successor in
title to a parcel of land located at the intersection of Mt. Hope Avenue and Hogan Road in
Bangor, Maine, and the EAST SIDE NEIGHBORHOOD ASSOCIATION, a non-
profit corporation representing the interest of neighboring property owners, and the CITY
OF BANGOR, the municipal review authority for land development in the City of
Bangor, Maine, in order to resolve PEN -97-534 now pending before the Maine Supreme
Judicial Court, agree as follows:
1. The existing access drive from Mr. Varney's property onto Mt. Hope
Avenue shall remain in place and the East Side Neighborhood Association agrees not to
oppose Mr. Varney's contemplated application for a zone change of the access drive area
z only, said application for zone change to be submitted to the City of Bangor for review
and approval. The remaining land of Varney along Mt. Hope Avenue shall remain intact
i... as a buffer yard and most comply with applicable City regulations or conditions of Site
Plan Approval. The parties to this Agreement recognize, however, that a zone change
request, although a legislative function of the City Council, is subject to certain review
criteria and that the City of Bangor is not, as part of this Agreement, obligating itself to
approve Verney's contemplated change request
2. Mr. Varney agrees that no right hand tums man the access road onto
Mt. Hope Avenue shall be allowed, and, to further that end, Mr. Varney agrees at his
98-152
Agreement
Page 2 of 3
expense to erect and maintain a sign along the access drive, in a form which will be
enforceable by the City of Bangor, prohibiting such right hand turns."
3. Mr. Varney agrees to pay all legal fees and disbursements incurred from the
beginning of litigation to the date of settlement by the Association in connection with the
City's approval of the site plan application of Atlantic Investments in August, 1995.
4. Mr. Varney agrees an undertake a good -faith effort to minimize the impact
upon the propertyof any member of the East Side Neighborhood Association resulting
from commercial activities on Vamey's parcel of land, including but not necessarily
limited on maintaining the existing tree line on the boundary parallel with Hogan Road
the location, direction and maintenance of outdoor lighting and loud -speakers which shall
be directed away from the neighborhood, and erection of appropriate directional signals
for traffic exiting onto Mt Hope Avenue.
5. The twenty-five (25) foot buffer zone currently in effect along Mt. Hope
Avenue and along the back portion of the panel (parallel to Hogan Road) shall vamain
intact except for the zone change contemplated for the access drive only.
This Agreement shall touch, concern and run with the premises described in the
deed recorded in Book 4284, Page 28 of the Penobscot County Registry of Deeds, and an
appropriate instrument to that effect in a form suitable for recording in the Penobscot
County Registry of Deeds shall be executed by Mr. Varney in conjunction with this
settlement.
Agreement
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed as a document under seal as this _ day of 1998.
WITNESS:
WILLIAM L. VARNEY
EAST SIDE NEIGHBORHOOD
ASSOCIATION
By:
Charles Marmy
Its Presidmt
Hereunto duly. authorized
CITY OF BANGOR
By:
Edward Banetf
Its City Manager
Hereunto duly authorized
1485/28035
27613-1