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HomeMy WebLinkAbout1996-09-25 96-385 ORDINANCEDate Saotembez 13. 1999 Item No. 96-385 Item/Subject Amending Land Development Code - 131V Pearl Street Responsible Department: Planning Division Applicant requests a zone change by reclassifying a parcel from Urban Residence District -1 to Urban Residence (Contract) District -2 for two single family homes located at 131V Pearl Street. The lot in question is a vacant parcel at the corner of Peerl, Garlandf aM Fruit Streets. Mane is Co nts- �y�k,AIMP°^ ? [ ri'� I0 / cd/.fe aovd City Manzger Ci /ted Informations rmatii6s Associated Sn£oxmation: 0 Budget Approval: Finance Director Legal Approval: Ci y Solicitor! Introduced For Passage g First Reading Page 1 of 1 1 Referral to Planning Beard 96-385 Aedgnedto Comeyor Popper September 25, 1996 CITY OF BANGOR (TITLE.) alfrbixt ltret Amending Land Development Coda...— Be a oda....... Bea ordainad by Ow City Coamil of as CUY ofBansa, ae foyova: THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a part of a parcel of land located at 131V Pearl Street (Tax Map No. 53, Parcel 190) from Urban Residence District -1 to Urban Residence (Contract) District -2. Said parcel containing approximately 17,650 square feet and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions Imposed by Chapter VIII, Article 2, Section 6.6 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The number of dwelling units per structure be limited to one. B. The gross floor area of each structure be limited to 1,500 square feet. 2. Execution by those parties with an interest In the affected property of an agreement providing for the Implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file In the office of the City Clerk and incorporated herein by reference. In the event that said agreement is not s, executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. IN CPM (XMIL Sept. 25, 1996 nrat Reading Referred TO - planning Hoard CPM CfEIIlL IN CIty COUNCIL October l6, 1996 Passed Vote: ] yea, 1 absent Councilors voting yes: Blanchette Leen. Popper. Saucy, Sullivan, Tyler d Goodc k e Baacct CITY CLERK 96-385 ORDINANCE Title, puanding Land Development Code - 13IV Pearl Street ...................................... ....... ......................... jWp,o'Yr IH ......FALI. 4 C).... Councilman TO: 96-355 7/1/96 APPLICATION FOR LAND DRuET-Q N THE CITY COUNCIL AND DATE September 16, 1996 THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I(WE) City of Bangor 2. of 73 Harlow Street Bangor, NE 04401 207-945-4400 Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from Urban Residence District -1 district to the Urban Regiam,, Digt.icr-a district for the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: Application fee 3. ADDRESS OF PROPERTY (if arty) 131V Pearl Street. Prodessina Total Area (acres or square feet) 17,650 S0. FT Total Zone Change (1/2 acre 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street Zone Change (in excess Corner of Pearl, Garland, and Fruit Streets $489.00 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. %I Parcel 140 6. EXISTING USE: vacant lanA $733.25 $265.00* 7. PROPOSED USE: Cingla £,mill, qfrurrum. *Two Ada Required 8. NAME AND ADDRESS OF OWNER OF RECORD: Nene cav ..f Ranenr Address 9. ,NAME AND ADDRESS OF CONTRACT OWNER (if uCh): a 10. SIGNATURE OF OWNER OR CONTRACT OWNER y' ;ll 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE M PLARVINO DIVISION.ITY HALL Application fee Prodessina Advertising Total Zone Change (1/2 acre or lees) $305.75 $212.00* $517.75 Zone Change (in excess of 1/2 acre) $489.00 $212.00* $701.00 Contract Zone Change $733.25 $265.00* $998.25 *Two Ada Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE I71I4Jd0J[81dbDJM DATE: December 13, 1996 TO: Gail Campbell, City Clark FROM: Planning Division SUBJECT: Original Copy of Contract Zone Change Agreement -131V Pearl St. Attached is the original copy of the Contract Zone Change Agreement for property located at 131V Pearl Street to be filed with C.O. # 96-385. SK6267 PG1O1 038526 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of November 6, 1996, by the CITY OF BANGOR, amcipal corporation with a place of business located at 73 Harlow Street, in Bangor, County of Penobscot, State of Maine WITNESSETH: WHEREAS, City of Bangor is the owner of record of a certain parcel of land situated in Bangor, County of Penobscot, State of Maine, said land being located at 131V Pearl Street, and being identified on City of Bangor Assessor's Map No. 53, as Part of Lot 190. Reference may be had to a deed recorded in the Penobscot County Registry of Deeds in Volume 5110, Page 211, for a more particular description of said land; and WHEREAS, pursuant to 30-A M.R.S.A. Section 9352 and Chapter VIII, Article 2, Sec. 6.6 of the Laws and Ordinances of the City of Bangor, application was e made for a contract z change, so-called,.to reclassifysaid parcel of land (said parcel hereinafter being referred to as the 'subject premises"7said parcel comprising a land area of approximately 17,650 sq. ft., all as set forth in Exhibit A attached hereto and incorporated herein by reference, from an Urban Residence 1 District to a an Urban Residence 2 District under the Land Development Code of the City of Bangor, said application proffering certain conditions or restrictions relating to the physical development and/or operation of the subject premises; and WHEREAS, subsequent to a public hearing on the matter, and after due consideration given to the recommendations of the Planning Board, the Bangor City Council adopted Council Ordinance 96-385, whereby it reclassified the subject premises from an Urban Residence 1 District to an Urban Residence 2 District under the Land Development Code of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 96-365 and the restrictions and/or conditions contained therein being attached hereto as Exhibit B and incorporated herein by reference. OK6267 PG 102 NOW THEREFORE, in nsideration of the reclassification of the subject premises from an Urban Residence 1 District to a Urban Residence 2 District under the Land Development Code of the City of Bangor, the City of Bangor agrees as follows: 1. The City of Bangor, its successors and assigns, hereby covenant and agree that the use, occupancy and/or development of the subject premises, in addition to other applicable laws, ordinances, or regulations of the City of Bangor, -shall be subject to the following restrictions and/or conditions on the physical development or operation of said property: A. The number of dwelling units per structure be limited to one. B. The gross floor area of each structure be limited to 1,500 square feet. 2. The City of Bangor herebyagrees that the above -stated restrictions, provisions, conditions, covenants, and agreements are made an essential part of this Agreement, shall run with the subject premises, shall bind the City of Bangor, its successors and assigns, to or of said property or any part thereof or any interest therein, and any party in possession or occupancy of said property or any part thereof, and shall inure to the benefit of, and be enforceable by, the City of Bangor, by and through its duly authorized representatives, and the owner or owners of any abutting parcels of land. 3. The City of Bangor hereby agrees that if it, or any person claiming under or through it, shall at any time violate or attempt to violate, or shall omit to perform or observe any one or more of the foregoing restrictions, provisions, conditions, covenants, and agreements, the abutting landowner(s) shall have the following remedies: a. The owner orowners of parcels of land which abut the subject premises shall have the right to institute any and all actions or proceedings, including the right to enforce all the terms and provisions of this Agreement by injunction, legal and equitable actions and all other lawful process for the enforcement of the same. The City of Bangor further agrees that the failure of the owner or owners of abutting parcels to object to any violation, however long continued, or to enforce any restrictions, provisions, conditions, covenants, o agreements contained in this Agreement shall in no event be deemed a waiver of the right to do so BK6267 Pc 103 thereafter as to the same breach o violation o s to any breach or violation occurring prior to or subsequent thereof. 9. The City of Bangor hereby agrees that the provisions of this Agreement shall remain n full force and effect until such time as the same may to modified, amended, repealed, and/or replaced upon their written agreement. It is expressly understood that any such change shall be in accordance with the laws of the State of Maine and the Land Development Code of the City of Bangor, shall be treated as an amendment to said Ordinance and shall be processed accordingly. 5. The City of Bangor hereby agrees that nothing in this Agreement shall be construed so as to preclude the future exercise of the Bangor City Council's legislative authority relative to the zoning of the subject premises. In the event that the zoning of said premises is changed by the City Council, any use established under the provisions outlined in paragraph 1, subparagraphs A and e, above, subject to the restrictions, provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continue as a nonconformity r a nonconforming onforming u whichever the case may be, in accordance with the provisions of the Land Development Code, as may be in effect at the time of said zone change, governing the same. 6. The City of Bangor hereby agrees, for itself, its successors and assigns, to w any and all rights to challenge the validity of Council Ordinance 96-385 or the terms of this Agreement. 7. The City of Bangor hereby agrees that if on of the astrictions, provisions, conditions, Covenants, andagreements, r portions thereof, contained in this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such determination shall not affect the validity of the remaining portions hereof. Provided, however, that the City of Bangor hereby further agrees that in the event any of the contracted provisions contained in paragraph 1, subparagraphs A and B, above, are validated or such other provision is invalidated so as to constitute a material change in the restrictions, provisions, conditions, covenants, and agreement the City of Bangor or abutting land owners shall have the power to seek areversion and/or change of the zoning of the subject premises tothe zoning ing classification or its subsequent designation in effect at the time of the approval of this contract zone change. Said reversion and/or change may be initiated by a representative of the City of Bangor or an abutting property owner to the subject BK6267 PG 104 premises, shall be processed in accordance with the procedure established for an amendment to the Land Development Code in effect at the time, and shall be evaluated in accordance with the criteria established for the review of zone change applications. It being the intent of the parties hereto that the City of Bangor shall not be allowed to benefit from the zone change for the subject premises in the event that the City of Bangor or abutting land owners are deprived of the conditions minimizing the negative externalties of the requested rezoning. 8. Except as expressly modified herein, the use and occupancy of the subject premises shall be governed by and comply with the provisions of the Land Development Code Ordinance of the City of Bangor and any applicable amendments thereto or replacement thereof. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. Penobscot, ss. CITY OF BANGOR BY / Eawara A. Barrett Its City Manager STATE OF MAINE OuaA&ILG' 1996 Then personally appeared the above-named Edward A. Barrett and acknowledged the foregoing to be his free act and deed in his said capacity as City Manager and the free act and deed of said City of Bangor. Before me, Zw Printed Name:-rer_14`LQV u­D�( Notary Public�e Jia al46 -AttoxnWp-e<-Eaw' OK6267 PG 105 96-385 EXHIBIT A OK6267 PG106 96-385 Auipud:o ComwHor Popper September 25, 1996 CITY OF BANGOR (TITLE,) (Orbrin me Amending Land Development. code........... Passed 10/16/96 - --- 131VPearl Street --- _..._ CiTIY.41EF1''d.CPFlCE Be uAIRUECOPYATawlaia.d 6y Ge City CamiwaW of the Cit ofBanow. as fWZowo: OCT 2 $ '596 EBf THAT the zoning boundary lines as established by the zoning Map of the City of Bangor dated October 28, 1991, as amended-, be hereby further amended as follows: By changing a part of a parcel of land located at 131V Pearl Street (Tax Hap No. 53, Parcel 190) from Urban Residence District -1 to Urban Residence (Contract) District -2. Saidparcel containing approximately 17,650 square feet and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions Imposed by Chapter VIII, Article 2, Section 6.6 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions, A. The number of dwelling unite per structure be limited to one. B. The gross floor area of each structure be limited to 1,500 square feet. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. EXHIBIT B SK6267 Pc 107 96-385 1 I I I --T-- r --- _-- - R .1!__ D ---r— —��-- �2 PEN;iSC0ss �tECE VEO 1996 6 13 P b 0 Juom�� a RE818iER 96-385 EM L GARLAND -- -- U �1--- -----U D IL I K92,77 P®297 SUBSTITUTE COPY Assigned to CawcJor CITY OF BANGOR Passed as Amended - by Substitution /App (TITLE.) VGIbTLIaMp Amending Land Development Code 10-16-96 t N: 302V Hasson Avenuefu o SEAL ..... ocT �a .. _... '£BT Be B ordained 6V City Conant OfHm City offsox , se folly THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a part of a parcel of land located at 302V Musson Avenue (Tax Map No. R-91, Part of Parcel 91) from High Density Residential to Shopping and Personal Service (Contract) District. Said parcel containing approximately 9.3 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use e and/or operation of the subject premises shall be subject to thefollowing limitations and/or restrictions: A. Buildings will be limited to a height of 35 feet B. Buildings shall be limited to 22,500 sq. ft. of floor area; C. Any buildings will conform in architectural character with the architectural character of Ross Manor Nursing Home; D. Maximum impervious surface will be 60 percent; E. Minimum rear yard - 25 feet; F. Specimen trees shall be retained to provide a vegetative buffer from Musson Avenue. Such vegetative buffer shall EXHIBIT B . MEMORANDUM -DATE:. — - December 13, 1996 TO: Gail Campbell, City Clerk FROM: Planning Division SUBJECT: Original Copy of Contract Zone Change Agreement - 302V Husson Avenue Attached is the original copy of the Contract Zone Change Agreement for property located at 302V Husson Avenue to be filed wHh C.O. # 96-386(As Amended). 46277 PG290 040315 CONTRACT ZONING AGREEMENT THIS AGREENENT is made as of /VPt m 672 ✓A- , 1996, by. and between the CITY OF BANGOR, a municipal corporation with a place of business located at 73 Harlow Street, in Bangor, County of Penobscot, State of Maine and ROSSCARE, a Maine Corporation with its principal place of business located in Bangor, County of Penobscot, State of Maine WITWRSSETH: WHEREAS, Rosscare is the owner of record of a certain parcel of land situated in Bangor, County of Penobscot, State of Maine, said land being located at 302V Husson Avenue, and being identified on City of Bangor Assessor's Map No. R-41, as Part of Parcel 41. Reference may be had to a deed recorded in the Penobscot County Registry of Deeds in Volume 4954, Page 53, for a more particular description of said land; and WHEREAS, pursuant to 30-A M.R.S.A. Section 4352 and Chapter VIII, .Article 2, Sec. 6.6 of the Laws and Ordinances of the City of Bangor, application was made fora contract zone change, -called, to reclassify said parcel of land (said parcel hereinafter being referred to as the "subject premises") said parcel comprising a land area of approximately 4.7 acres, all a set forth in Exhibit A attached hereto and incorporated herein by reference, from a High Density Residential District to a Shopping and Personal Service District under the Land Development Code of the City of Bangor, said application proffering certain conditions or restrictions relating to the physical development and/or operation of the subject premises; and WHEREAS, subsequent to a public hearing on the matter, and after due consideration given to the recommendations of the Planning Board, the Bangor City Council adopted Council Ordinance 96-386(as amended), whereby it reclassified the subject promises from a High Density Residential District to a Shopping and Personal Service District under the Land Development Cede of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 96-386 (as amended) and the restrictions and/or conditions contained therein being attached hereto as Exhibit B and incorporated herein by reference. NOW THEREFORE, in consideratidn of the reclassification of the subject premises from a High Density Residential District to SK6277 Pc291 a Shopping and Personal Service District under the Land Development Code of the City of Bangor, the parties hereto agree as follows: _ 1. Rosscare, its successors and assigns, hereby covenants and agrees that the use, occupancy and/or development of the subject premises, in addition to other applicable laws, ordinances, or regulations of the City of Bangor, shall be subject to the following restrictions and/or conditions on the physical development or operation of said property: A. Buildings will be limited to a height of 35 feet B. Buildings shall be limited to 22,500 sq, ft. of floor area, C. Any buildings will conform in architectural character with the architectural character of Ross Manor Nursing Home; D. Maximum impervious surface will be 60 percent; E. Minimum rear yard = 25 feet; P. Specimen trees shall be retained t0 provide a vegetative buffer from Musson Avenue. Such vegetative buffer shall have a depth of 40 feet measured horizontally from the right-of-way line of Musson Avenue. Selective cutting of trees within such buffer area shall be permitted, provided that not more than forty percent (408) of the volume of trees four (4) inches or more in diameter, measured 4.5 feet above the ground level, is cut in any ten (lo) year period. Volume may be considered to be equivalent to basal area. G. Relating specimen trees shall also be retained along the west lot line of the property to provide a vegetative buffer from the abutting 'Morningside" condominium site. Such vegetative buffer shall have a depth of 20 feet meazured horizontally from the westerly property line of this parcel except that such vegetative buffer shall have sr nimum depth of 30 feet along the westerly property linein areas adjacent to existing buildings and parking lots located on the abutting condominium site. Selective cutting within the buffer area shall be permitted under the same conditions detailed in Section P., above. BK6277 PG29'2 H. with regard to activities and operations, there shall be: 1. No storage activity (except incidental storage); -- 2. No servicing of motor vehicles; 3. No drive -up windows or drive-in service; 4. No outdoor display of goods; 5. No alcohol served on the premises; 6. No for-profit enclosed recreational activity; 9. No retail sales: and 8. No transient accommodations for compensation. 2. The owner hereby agrees that the above -stated restrictions, provisions, conditions, covenants, and agreements are made an essential part of this Agreement, shall run with the subject premises, shall bind the owner, its successors and assigns, to or of said property or any part thereof or any interest therein, and any party in possession or occupancy of said property o n any part thereof, and shall inure the benefit of, and be enforceable by, the City of Bangor, by and through its duly authorized representatives, and the owner or owners of any abutting parcels of land. 3. The Owner hereby agrees that if it, or any person claiming under or through it, shall at any time violate o attempt to violate, or shall omit to perform or observe any one or more of the foregoing restrictions, provisions, conditions, covenants, and agreements, the City of Bangor and the abutting landowner(s) shall have the following remedies, which may be exercised by the City of Bangor either jointly or severally: a. The City of Bangor shall have the right to prosecute violations of this Agreement in the same member that it isauthorized to prosecute violations under the Land Development Code of the City of Bangor ineffect at the time of said violations. For the purposes herein, a violation of this Agreement shall be deemed sviolation of said Land Development Code and shall be subject to the penalty provisions of said Code ineffect at the time of violation. Each day that aviolation iolation s permitted to exist after notification of the same pursuant to said Code shall constitute a separate offense. b. The City of Bangor and/or the owner or owners of parcels of land which abut the subject premises shall have the right to institute any and all actions or proceedings, including the right to BK6277 PG293 enforce all the terms and provisions of this Agreement by injunction, legal and equitable actions and all other lawful process for the enforcement of the same. The Owner further agrees that the failure of the City of Bangor r the owner or owners of abutting parcels to object to any violation, however long continued, or to enforce any restrictions, provisions, conditions, covenants, or agreements contained in this Agreement shall inevent be deemed a waiver of the right to do so thereafter as to the same breach o violation or as to any breach or violation occurring prior to or subsequent thereof. 4. The city of Bangor and the Owner hereby agree that the provisions of this Agreement shall remain in full force and effect until such time as the same may be modified, amended, repealed, and/or replaced upon their written agreement. It i expressly understood by the parties hereto that any such change shall be in accordance with the laws of the State of Maine and the Land Development Code of the City of Bangor, shall be treated amendmentas an to said Ordinance and shall be processed accordngly. S. The parties hereto hereby agree that nothing in this Agreement shall be construed so as to preclude the future exercise of the Bangor City Council's legislative authority relative to the zoning of the subject premises. In the event that the zoning of said premises is changed by the City Council, any use established under the provisions outlined in paragraph 1, subparagraphs A., B., C., D., E., P., G., and H, above, subject to the restrictions, provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continue as anonconformity o ae nonconforming v whichever the case may be, in accordance with the provisions of the Land Development Code, as may be in effect at the time of said zone change, governing the same. 6. The parties hereto hereby agree, for themselves, their successors and assigns, to waive any and all rights to challenge the validity of Council ordinance 96-386(as amended) or the terms of this Agreement. 7. The parties hereto hereby agree that if one of the restrictions, provisions, conditions, covenants, and agreements, or portions thereof, contained in this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such determination shall not affect the validity of the remaining portions hereof. BK6277 PG294 Provided, however, that parties hereto hereby further agree that in the event any of the contracted provisions contained in paragraph 1, subparagraphs A., B., C., D., A., F., G., and H, above, are invalidated or such ocher provision is invalidated so s to constitute a material change in the restrictions, provisions, conditions, covenants, and agreements negotiated by and between the parties, the City of Bangor or abutting land owners shall have the power to seek areversion and/or change of the zoning of the subject premises to the z zoning classification in effect at the time of the approval of this contract zone change or its subsequent designation. Said reversion and/or change may be initiated by a representative otheCityof Bangor or an shutting property owner to the subject premises, shall be processed in accordance with the procedure established for a amendment to the Land Development code in effect at the time, and shall be evaluated in accordance with the criteria established for the review of zoos change applications. It being the intent of the parties hereto that the owner shall not be allowed to benefit from the zone change for the subject premises in the enc that the City of Bangor or abutting land owners are deprived of the conditions negotiated to minimize the negative externalties of the requested rezoning. S. Except as expressly modified herein, the u and occupancy of the subject premises shall be govemedsby and comply with the provisions of the Land Development Code Ordinance of the City of Bangor and any applicable amendments thereto or replacement thereof. IN WITNESS WHEREGF, this Agreement has been executed and delivered as of the day and year first above written. 'tA� m Ao,'u BY: Lf - Witness Keh eth A. Hews Its President CITY OF BANGOR BY L ell cress Edward A. Barrett Its City Manager STATE OF MAINE Penobscot, as., OX6277 PG295 1996 Then personally appeared the above-named Kenneth A. Hews and acknowledged the foregoing to be his free act and deed in his capacity as President and the free act and deed of said Corporation. ppEWDSOUBOM Before me, wcOwMTWYYtVJMJs uE9 %NO 16U3 .al& ®..U1.YJb Printed Name: Justice of the Peace Notary Public Attorney at Law 1/\//� \ �L) STATE OF MAINE Penobscot, as. /U606J AGL1996 Then personally appeared the above-named Edward A. Barrett and acknowledged the foregoing to be his free act and deed in his said capacity as City Manager and the free act and deed of said City of Bangor. Before me, Printed Name:7�142t LE�CA/� NotaryPublic/a/daI96 Attaesey t—La4 OK6277 PG296 M HDR TO S&PS* NC �'lllllllum�6,.. ol 11:A Farm M I D R — —--- HDR j HDR* EXHIBIT A S&PS FGM have a depth of 40 feet measured horizontally from the right -o£ -way line of Husson Avenue. Selective cutting of trees within such buffer area shall be permitted, provided that not more than forty percent (40%) of the volume of trees four (4)y nches or more in diameter, measured 4.5 feet above theground level, is cut in any ten (10) year period. Volume may be considered to be equivalent to basal area. G. Existing specimen trees shall also be retained along the west lot line of the property to provide a vegetative buffer from the abutting "Morningside" condominium site. Such vegetative buffer shall have a depth of 20 feet measured horizontally from the westerly property line of this parcel except that such vegetative buffer shall have a minimum depth of 30 feet along the westerly property line in areas adjacent to existing buildings and parking lots located on the abutting condominium site. Selective cutting within the buffer area shall be permitted under the same conditions detailed in Section F., above. H. With regard to activities and operations, there shall be: 1. No storage activity (except incidental storage); 2. No servicing of motor vehicles; 3. No drive -up windows or drive-in service; 4. No outdoor display of goods; 5. NO alcohol served on the premises; 6. No for-profit enclosed recreational activity; ]. No retail sales: and 8. No transient accommodations for compensation. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the office of the City clerk and incorporated herein by reference. In the event that said agreement is not s executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void.- VENOBSCOT. ss RECEIVED 14% NOV 26 A//JJ. 9: 30 �.PIS EE