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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 Legal Approval: oPC-q Y7* Nt oVrdvo( droll i5snbjPtf 1p n,,��y.o+ol my ifr C�sj Silo Uriglaha I^aad /? ✓/ ww�� fi i5 Qossible oaf e V,It be city Solicl�p ch a es H rThs'AI do(Un 4 Introduced NEWBUSINESSof /^y,qt 1��5 IPM Mp% /w First Reading 1n�G5}(/GdBd Referral I� (1-i3-C/g Page 1 of 5 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