HomeMy WebLinkAbout1992-05-11 92-247 ORDINANCEVOull Motion
92 247
Date May 20, 1992
herr
Amending Land' Development Code - 436 State
Street - C.O. p
basal 92-24](As Amended)
Responsible Department: Planning Division
Commentary:
The Planning Board held a public Bearing on the above-noted
contract zone
change request at its regularly scheduled meeting of May
19, 1992.
Edmond Bearer, Esq., represented the applicants and discussed
the proposed
contract zone change conditions.
Two abut [I ng property ownersspoke in support of the proposed contract zo
change. Tim"other property owne s ;poke in opposition to the proposed change.
The Planning Board voted to amend the proposed contract
zonechange conditions
and moved to recommend to the City Council, by a vote of
5to 0, that the
contract zone change request contained in C.O. 8 92-247
(As Amended) be approved.
-
eponmear fall
Managers Comments: (�-�Aj7,yr,{
klq yppAAyy
lqCa Monnyv
Associated In 01t r
v
Budget Approval:
FinttUArl
Legal Approval: i r^¢re
fm
br'rh
(CYrll
nnl s. 7ea<nf✓rr
vojsr
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Introduced For
QPaysage
E3 First Reading Page _of_
E] Referral _
92-24)
An' owed to Councilor Sawyer,May ll, 1992 (AS AMENDED)
CITY OF BANGOR
(TITLE) Mr1YMMICYr .ANendare Land Developrent Code _._.._ __.. _.._...
State Street
Be it ordained by W City Count! of W City ofBanyor. ae fdkme:
MAT 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 parcel of land located at 436 State Street (Tax Map No.
59, Parcel No. 10) from Urban Residence 1 District to Neighborhood
Service District. Said parcel containing approximately 22,835 sq.
ft. and being more particularly indicated on the map attached hereto
and made a part hereof.
PROVIDED, HOWEVER THAT, in addition to the mandatory conditions im-
posed by Chapter VIII, Article 2, Section 6.6, of the Ordinances of
the City of Bangor said change of acne is granted subject to the
following conditions:
1. The asand/or operation of the subject premises shall be
subject to the following limitations and/or restrictions:
A. The property shall be used only for those was designated as
permitted uses or conditional uses subject to Planning Board
approval as designated in the Urban Residence 1 District,'.
and a business office or professional office, subject to a
limitation of one family owner/member and four additional
staff on site at any one time.
B. Business office or professional office use shall be located
only within the now existing meat northerly building on the
property (the Carriage House.
C. There shall be no sign on the property other than a name
plate as permitted under the Sign Ordinance of the City of
Bangor.
IN CITY COUNCIL
Nay 27, 1992
Amended by Substitution a
Amended Sec. A
Motion for Passage
as ame
by Substitution oldAmendi
Passed by the fallowing v
Councilors voting yes: Be
Blanchette, Frankel, Saxl
Councilor abstaining: Brij
Councilors absent: Cohen,
92-24]
ORDINANCE
TITLE,) Amending Land Development Cade
436 State Street
and Ston - �u:@:ed to f t
e: -
CaucO Nm -
92-247
Asuigwd to Commoner Sawyer May 11,1992
a' CITY OF BANGOR
436 State Street
Beit oNained by the Ctty Cawrlt of the City WBwgar, as foyase:
THAT the zoning boundary lines as established by the Zoning Map of the City
3f Bangor dated. October 28, 1991, as amended, be hereby further amended
as follows:
By changing a parcel of landlocated at 436 State Street (Tax Map No. 59,
Parcel No. 10)from Urban Residence I District to Neighborhood Service
District. Said parcel containing approximately 22,935 sq, ft. 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 Vill, 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 property shall be used only for. those uses designated a
permitted us e conditional a subject to Planning Board
approval asdesignated In. the Urban Residence T District,
and a business or professional office.
B. Business or professional office use shall be Iposted only
within the new ex isting most northerly building on the property
(the Carriage House).
C. There shall be no sign on theproperty other than a
e
Plate as permitted under the sign ordinance of the City of
Bangor,
D. The Carriage House shall retain its residential character,
and to that end there shall beno alteration to the exterior
of the building which would result in a change in appearance
In its overall proportions or facade through such changes a
altering the roof line, eaves line or installing significantly
larger windows.
RI1�J
4tlTDlpN1iC1?a ..
_.Amending
Lend Development Code
436 State Street
Beit oNained by the Ctty Cawrlt of the City WBwgar, as foyase:
THAT the zoning boundary lines as established by the Zoning Map of the City
3f Bangor dated. October 28, 1991, as amended, be hereby further amended
as follows:
By changing a parcel of landlocated at 436 State Street (Tax Map No. 59,
Parcel No. 10)from Urban Residence I District to Neighborhood Service
District. Said parcel containing approximately 22,935 sq, ft. 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 Vill, 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 property shall be used only for. those uses designated a
permitted us e conditional a subject to Planning Board
approval asdesignated In. the Urban Residence T District,
and a business or professional office.
B. Business or professional office use shall be Iposted only
within the new ex isting most northerly building on the property
(the Carriage House).
C. There shall be no sign on theproperty other than a
e
Plate as permitted under the sign ordinance of the City of
Bangor,
D. The Carriage House shall retain its residential character,
and to that end there shall beno alteration to the exterior
of the building which would result in a change in appearance
In its overall proportions or facade through such changes a
altering the roof line, eaves line or installing significantly
larger windows.
92-247
(As Amended)
D. The carriage House shall retain its residential character,
and to that end there shall be no alteration to the exterior
of the building which would result in a change in appearance
in its overall proportions or facade through such changes a
altering the roof line, eaves line or installing significant-
ly larger windows.
E. Neither the floor area nor the cubic footage of the interior
of the Carriage House, as it exists as of. the date of this
contract, shall be expanded.
2. Execution by those parties with an interest in the affected
property of an agreement providing for theimplementation 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 i not s executed
within n ninety (90) days from the date of passage hereof, this
Ordinance shall become null and void.
92-26]
E. Neither the floor area
r the cubic footage of the interior of the
Carriage House, as ite nor
as of the date of this contract, shall
be expanded.
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 andthe recording of said executed agreement
in the Penobscot County Registry of .Deeds by the property aw copy of said
agreement being on file. in the office of the City Clerk. and inforporated herein
by reference. In the event that said agreement is mot so executed within ninety
(90) days from the date of passage hereof, this Ordinance shall became null and
void.
4-E
I
G&ISD
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ai79D CON
TO
RACTZ<
92-247
92-24)
PROPOSED CONDITIONS FOR CONTRACT ZONE
AT
436 STATE STREET
BANGOR, MAINE 04401
1. The property shall be used only for those uses designated as
Permitted uses or conditional uses subject to Planning Board
approval as designated in the Urban Residence 1 District,
and a business or professional office.
2. Business or professional office use shall be located only
within the now existing most northerly building on the
property (the Carriage House).
3. There shall be no sign on the Property other than a name
plate as permitted under the sign Ordinance of the City of
Bangor.
4.. The Carriage House shall retain its residential character,
and to that end there shall be no alteration to the exterior
Of the building which would result in a.change in appearance
in its overall proportions or facade through such changes as
altering the roof line, eaves line or installing
significantly larger windows.
5. Neither the flyer area nor the cubic footage of the interior
of the Carriage Rouse, sa it exists as Of the date of this
contract, shall be expanded.
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 92 247
TO: THE CITY COUNCIL AND DATE
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. J(WE) JOHN A. MCGILL AND MARGARET C. BRAGG
2. of79 NORFOLK STREET BANGOR MAINE
Atltl re as Cvty or Post office Te ephone
hereby petition to amend the zoning ordinance of the City of
Bangor, Maine by reclassifying from UED 1 zone to
the RED )CONTRACT) zone the property outlined in red On the maps
attached hereto, which are part of this application, and
described as follows:
3. ADDRESS OF PROPERTY (if any)f V STATE STREET, BANGOR, MAINE
Total Area (acres or square feet) 22,835 FEET t1-
4. PROPERTY LOCATION (General Description): Example - South side of
State Street 400 yds. East of Pine Street
NORTH SIDE STATE STREET, EAST SIDE HOWARD STREET
S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 59 Parcel 30
6. EXISTING USE: RESIDENCE WITH OFFICE ATTACHED (HOME OCCUPATION)
7. PROPOSED USE: RESIDENCE WITH OFFICE ATTACHED
8. NAME AND ADDRESS OF OWNER OF RECORD: Name CARLTON C. YOUNG, III
Address RIVER ROAD, ORPINGTON. MAINE
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): JOHN A. MCGILL A MARGARET C.
BRAGG
NORFOLK )q
GOR. MAINE
10. SIGNATURE OF OWNER OR CONTRACT OWNER: p(%�✓h
11. REPRESENTATIVE OF APPLICANT: Name EDWA J. BEAROR. ESO.
` (if applicable)
Address 84 HARLOW -STREET. BANGOR, MAINE
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST,
RETURN FORM b DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME.
Application Fee:
one Change (1/2 acre or less)
one Change (in excess o£ 1/2
acre)
ontract Zone Change
*Two Ads Required
Processing Advertising Total
$400.00. - $ 50.00 $450.00
uoe:Dr $250. DO* $850.00
634.71 �
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
Excerpt from May 19, 1992 Planning Board Meeting Staff 92 247
Memorandum
Item No 3: Contract Zone Change - 436 State Street - Jahn R.
McGill and Margaret C. Bragg - C.O. $ 92-247
a. 11 t' This is a request for a change from
from Urban Residence 1 District (URO -1) to a Contract Neigh-
borhood Service District (RSD) for a 22,835 sq. ft. parcel
located on the corner of State and Howard Streets (436 State
Street).
b. Land Use and Zoning Policy. The land uses on this aide of
State Street and o either aide of this block along State
Street are
almost exclusively single-family residential.
However, there have been a number of home ae cupation uses
established over the years, (primarily, forphysicians locat-
ing in an area opposite the hospital). Also, the south side
of State Street in this area contains the hospital complex
and is appropriately zoned Governmental and Institutional
Service. Further, the area of the black between Howard and
Otis Street behind the residential properties on the Howard
Street frontage contains two medical office buildings which
are also located in the Government and Institutional Service
District. The City's land use policy for this area
s for
r
residential use for the a firth of State Street and for
institutional use for the area on the south side of State
Street and west of Howard Street on the north side of the
State. These areas are zoned in the appropriate zoning
district under the Land Development Code.
C. Urban Services. Obviously, the proposed area is completely
serviced and is located within the primary service area.
d. Recommendation. The proposed change in zoning essentially,
reflects the present use of the parcel in that it a
single-family residential dwelling on the front of the par-
cel and a "Carriage House" to the rear which has been used
as a home occupation for a number of years. The proposed
contract provides for limiting the use of the property to
those permitted uses in the Urban Residence District with
the exception of the use of the Carriage House which would
be for business and professional office aswhich is a
permitted use in the Neighborhood Service District. The
conditions of the contract limit the extent of the office
use to the existing square footage and cubic footage of the
carriage house and forbid changing the exterior appearance
of the Carriage House, so that it would maintain its present
character. While there are no rcial uses or commercial
zoning in this area, there are other office uses in this
area and the prior see of this structure was for an office
as well. On that basis it could be argued that the proposed
contract zone change meets the mandatory conditions for such
changes in that home occupation uses are permitted in the
surrounding zoning district and the rest of the parcel would
be used for a single-family residential structure. The main
difference between the home occupation use of the office
MIR%
space and that which would be allowed under the contract
zone
change would be a relaxation of the number of persona
who could work in such an office (which is limited to one
outside of family members for this site under the home o -
pation provisions of the Ordinance) and the fact that the
Ordinance does not allow home occupations in free standing
buildings. Given the unique circumstance of this parcel
with a freestanding building which has been previously used
for office activity, it could be argued that the impact of
such a sone change with the contract conditions limiting
future expansions could be minimal. However, the Board
should recognize that by relaxing the employee limitations
which are in the home occupation section of the ordinance,
there is a potential for a slightly higher level of activity
n the site with its attendant increase in automobile
traffic. The location of this parcel on state street, which
is a major street under the Ordinance definition, clearly
provides an arterial street capacity to carry vehicles to
and from this site. If the Board is comfortable with the
limitations imposed under the contract conditions, staff
would recommend that the zone change request be recommended
to the City Council.
REVISED CONDITION FOR 436 STATE ST. C.O. U 92-247
P, rhe property shall be used Only for those uses
.designated as permuted L r Conditional uses
subject to Planning Board approval Do designated in the
Urban Residence 1 Distr'iot, and a business office or
professional office. provided such use is Conducted by
residents living on the premises and has no more than
four staff members on the site at any one timein
addition to said residents.
CH ction
X1992
Date Mayr 4.
Item No. may]
Item(Subjece Amending Land Development Code -
436 State Street
Responsible Department: Planning Division
Commentary:
For Referral to Planning Don rd.
The applicants have applied for acontract
ontract z
change for property located
at 436 State Street. The proposed change is from Urban Residence I District
to Neighborhood Service District.
nt road '
Manager's Comments:
Clry Mouager
Associated Informal :04 U)
Budget Approval
Legal Approval: IF recoil biy, +k 0/enni� Saar!
i
jili5 ms
; in, will rrgvirc X, d%im+f v=k5 k fi
" Cxy sandr"
li w taICtn f erp fMn ,.5 /kern, F' a/a i ak
r v,�—rowto
�Odld
Introduced For
M Passage Pa9e_at_
First Reading -
nReferral
92-247
Aseipted [o CouaUor Sawyer May 11,1992
�N CITY OF BANGOR
(TITLE.) (orbinMIICPy Amend'ng 11 Lan d D velopmant Code
436 State Street
Ba i orda Rmal by be City Coamail of W City o/Bamoan, a (Ullama:
THAT the son ing boundary lines as established by the Zoning Map of the City
of Bangor dated October 28, 1991, as amended, be hereby further amended
as fallws:
By changing a parcel of landlocated at 436 State Street (Tax Map No. 59.
Parcel No. 10). from Urban Residence 1 District to Neighborhood Service
District. Said parcel containing approximately 22,835 up. ft. 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 a and/or operation of the subject premises shall be subject to
the fall wing limitations and/or restrictions:
A. The property shall be used only. for. those uses designated a
permitted uses
conditional u subject to Planning Board
approval. asdesignated in. the Urban Residence I District,
and a business or professional office.
B. Business or professionaloffice use shall belocated only
(thin the new existing most northerly building on the property -
(the Carriage House).
C. There shall be no sign on theproperty other than a
plate as permitted under the sign ordinance of the City of
Bangor.
0. The Carriage House shall retain its residential character,
and to that end there shall beno alteration to the exterior
of the building which would result change in appearance
Ingy
s overall proportions or facade through suchchanges a
altering the roof line, eaves .line or installing significantly
larger windows.
In City 'Conn il.may 11,1992
First reading ;refered to
appropriatecommittee-
Council voted conflict
for councilor bragg
6 yes 2 no 1 abstained
voting yes Baldacei.nlancnette.
frankel.Coben. Sawyer.Saxl
Voting No Soudy.Stone
Abstaining Bragg
P
C' Clert
92-247
ORDINANCE
( TITLE,) dmending Land Development code
436 State St.
92-247
2
E. Neither the floor area
r. the cubic footage of the Interior of the
Carriage House, as it exists as of the date of this contract, shall
be expanded.
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 andthe recording of said executed agreement
n the Penobscot County Registry of Deeds by the property owner,copy of said
agreement being on file. in the office of .the City Clerk. and rperated herein
by reference. in the event that said agreement is not so executed within n, nety
£90) days from the date of passage hereof, this ordinance shall became nulland
void.
93-347
G&ISD
92-247
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE 9"29142
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. {(WE) JOHN R. MCGILL AND MARGARET C. BRAGG
2. of NORFOLE AN
Add rasa City oe Post Office Telephone
hereby petition to amend the zoning ordinance of the City of
Bangor, Maine by reclassifying from URO 1 e t0
the NSD (CONTRACT) zone the property outlined in red on the maps
attached—(ereto, which are part of this application, and
described as follows:
3. ADDRESS OF PROPERTY (if any)S35 STATE STREET. BANGOR, MAINE
Total Area (acres or square feet)22,835 FEET It -
4. PROPERTY LOCATION (General Description): Example - South side of
State Street 400 yds. East of Pine Street
NORTH SIDE STATE STREET, EAST SIDE HOWARD STREET
5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 59 Parcel 10
6. EXISTING USE: RESIDENCE WITH OFFICE ATTACHED (HOME OCCUPATION(
7. PROPOSED USE: RESIDENCE WITH OFFICE ATTACHED
8. NAME AND ADDRESS OF OWNER OF RECORD: Name CARLTON C. YOUNG, III
Address RIVER ROAD, ORPINGTON, MAINE
9. NAME ANDADDRESSOF CONTRACT OWNER (if such):JOHN R.. MCGILL d MARGARET C.
BRAGG
NORFLK
)TREET BAN MAINE
10. SIGNATURE OF OWNER OR CONTRACT OWNER: LIZ j4oa"
11. REPRESENTATIVE OF APPLICANT: Name EDWA J. BEAROR. ESO.
(i£ applicable)
Address 84 HARLOW STREET, BANGOR, MAINE
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM S DUPLICATE TO PLANNING DIVISION. CITY HALL BANGOR ME.
Application Fee:
one Change (1/Z acre or less)
one Change (in excess of 1/2
acre)
antract Zone Change
*Two Ade Required ~
Processing Advertising Total
5400.00. $ 50 00 $450.00
oi0a__0 $250.00* $850.00ice
67C. 71 �.
PLEASE BRAD PROCESSING PROCEDURE ON REVERSE SIDE
92-247
PROPOSED CONDITIONS FOR CONTRACT ZONE
AT
436 STATE STREET
BANGOR, NAINS 04401
1. The property shall be used only for those uses designated as
permitted uses or conditional uses subject to Planning Board
approval as designated in the Urban Residence i District,.
and a business or professional office.
2. Business or professional office use shall be located only
within the now existing most northerly building on the
property (the Carriage House).
3. There shall be no sign on the property other than a name
plate as permitted under the sign ordinance of the city of
Bangor.
4. The Carriage House shall retain its residential character,
and to that end there shall be no alteration to the exterior
of the building which would result in a change in appearance
in its overall proportions or facade through such changes as
altering the roof line, eaves line or installing
significantly larger windows.
5. Neither the floor area nor the cubic footage of the interior
of the Carriage House, as it exists as of the date of this
contract, shall be expanded.
MEMORANDUM
DATE: July 27, 1993
TO: Russ McKenna, City Clerk
FROM: Lynn Johnson, Planning Secretary
SUBJECT: Original Copy of Contract Zone Change Agreement -
C.O. k 92-247 (As Amended)
Attached is the original copy of the Contract Zone Change
Agreement between the City of Bangor and John R. McGill and
Margaret C. Bragg for property located at 436 State Street.
Please keep this on file with C.O. Y 92-247 (As Amended).
L.P.T.
5K5136 PGO27
026613
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of .1ua0 M , 1992, by and be-
tween 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 JOHN R. MCGILL AND MARGARET C. BRAGG, both of Bangor, County of
Penobscot, State of Maine.
WITNESSETH:
WHEREAS, John R. McGill and Margaret C. Bragg are the owners of record
of a certain Parcel of land situated in Bangor. County of Penobscot, State
of Maine, said land being located at 436 State Street, and being identi-
fied on City of Bangor Assessor's Map No. 59, as Lot le. Reference may he
had to a deed recorded in the Penobscot county Registry of Deeds in get -
lime , Page , for a more particular description of said land; and
WHEREAS, Purauant to 30-A M.R.S.A. Section 4352 and Chapter VJII,
Article 2, Sec. 6.6 of the Laws and Ordinances of the City of Bangor,
application was made for a contract zone change, so-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
22.035 sq. ft., all as set forth In Exhibit A attached hereto and incorpo-
rated herein by reference, from an Urban Residence 1 District to a Neigh-
borhood 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 Pre-
mises, and
WHEREAS, subsequent to a Public hearing an the matter, and afterdue
consideration given to the recommendations of the Planning Board, the
.Bangor City Council adopted Council ordinance 92-247(as amended), whereby
It reclassified the subject Premises from an Urban Residence t District to
a Neighborhood Service Distr'irt under the Land Development Code of the
city of Bangor subject to certain restrictions and/or conditions, a copy
of said Council ordinance 92-247 (as amended) and the restrictions and/or
conditions contained therein being attached hereto as Exhibit B and incor-
porated herein by reference.
NOW THEREFORE. in consideration of the reclassification of the subject
premises from an Urban Residence t District to a Neighborhood Service
District under the Land Development Code of the City of Bangor, the par-
ties hereto agree as follows:
1. John R. McGill and Margaret C. Bragg, their successors and as-
+gMyzrs1gna, hereby covenant and agree that, the use, occupancy and/or develop-
ac5136 PG026
ent of the subject premises. in addition to other applicable laws, ordi-
nances, 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 Propert Yn
A.. The property shall be used only for those uses designated as
permitted uses or conditional uses subject to Planning Board
approval as designated in the urban Residence } District, and a
business office or professional office, provided such use i
conducted by residents living on the Premises and has no more
than four staff members on the site at any one time in addition
to said residents.
B. Business office or professional office use shall be located only
within the now existing most northerly building on the property
(the Carriage Hause).
C. There shall be no sign on the property other than a name plate as
permitted under the Sign ordinance of the City of Bangor.
D. The Carriage House shall retain its residential character, and to
that and there shall be no alteration to the exterior of the
building which would result in a change in appearance in its
overall proportions or facade through such changes as altering
the roof line, eaves line or installing significantly larger
windows.
E. Neither the floor area
r the cubic footage of the interior of
the Carriage House, as 1t exists as of the date of this contract,
shall be expanded.
2. The owners hereby agree that the above -stated restrictions, Provi-
sions, conditions, covenants, and agreements are made an assential part of
this Agreement, shall r with the subject premises, shall bind the own-
ers, their successors
essors and assigns, to or of said property or any part
thereof or anyinterest 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 autho-
rized representatives, and the owner or owners of any abutting parcels of
land.
3. The Owners hereby agree that if they, or any person claiming
under or through them, shall at any time. violateor attempt to violate. or
shall omit to Perform or observe anY one or more of the foregoing restric-
tions, 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 viola-
tions of this Agreement in the same manner that it is autho-
rised to prosecute violations under the Ladd Development
Code, of the City of Bangor in effect at the time of said
violations. For the purposes herein, a violation of this
8X5136 Pc 029
Agreement shall be deemed a violation of said Land Develop-
ment Code and shall be subject to the penalty provisions of
said Code In effect at the time of violation. Each day that
solation is permitted to exist after notification of the
same pursuant to said Code shall constitute a separate of-
fense.
b. The City of Bangor and/Pr 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 enforce all the terms and provisions of this Agree-
ment by injunction, legal and equitable actions and all
other lawful Process for the enforcement of the same.
The owners further agree that the failure of the City of Bangor or 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 in no event be
deemed a waiver of the right to do so thereafter as to the same breach or
violation or as to any breach or violation occurring prior to or subse-
quent thereof.
4. The City of Bangor and the owners hereby agree that the Orovl-
aiene 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 is 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 Codeof the City of Bangor. shall be. treat-
ed as an amendment to said ordinance and shall be processed accordingly.
s. The parties hereto hereby agree that nothing in this Agreement j
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, ally use established under the Provisions outline in Para-
graph 1. subparagraphs A., B., C., D., and E., above, subject to the re-
strictions, provisions, conditlons, covenants, and agreements contained in
this Agreement, shall be allowed to continue as a nonconformity on non-
conforming u whichever the case may be, in accordance with theprovi-
sions -
s
of theI-andDevelopment Code, as may be to effect at the time of
said zone change, governing the same.
5. The parties hereto hereby agree, for themselves, their successors
and assigns. to waive any and all rights to challenge the validity of
Council Ordinance 92-241 (as amended) or the terms of this Agreement.
1. 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 o nstitu-
tional by any court of competent jurisdiction, such portion shaltbe
deemed a separate. distinct and independent Provision and such determina-
tion shall not affect the validity of the remaining portions hereof.
Provided, however, that Parties hereto hereby further agree that
in the event any of the contracted provisions contained in paragraph 1,
aeS136 Pc030
subparagraphs, A., B., C., B., and E., above, are
r
validated o such other
provision is invalidated so as to constitute amaterial changein 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 a.reversion and/or change of the zoning of
the subject Premises to the current zoning classification as may be In
effect at the time of the processing of any such reversion and/or change.
said reversion and/or change may be initiated by arepresentative of the
City of Bangor or an abutting property owner to the subject premises,
shall be, processed in accordance with theprocedure established for an
amendment to the Land Development Code in affect 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 owner shall not be allowed to benefit from the zone change forthe
subject premises in the event 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 use and Occupancy of the
subject premises shall be governed by and comply with the Provisions of
the 1 -and Development code ordinance of the City of Bangor and any applica-
ble amendments thereto or replacement thereof.
IN WITNESS WHF_RFOF, this Agreement ties been executed and delivered as
of the day and year first above written.
Witness
Witness
t as
STATE OF MAINE_
Penobscot, se.,
)*4A____._.........._
J hi R. McGill
��r-'� --
Margar t C. Bragg
CITY OF
OF BBANNGORR/j
Edward A. Barrett
Its City Manager
J_C 2 IL . 1992
Then Personally appeared the above-named John R. McGill and Margaret
C. Bragg and acknowledged the foregoing to be their free act and deed.
Before me,
BK5136 PG03I
N� `P
Printed Name.f(A Ln L`sPfi4Le
My eemmisslon OWIMS Vi114S Justice of Ef�e weacp"
Notary Pub14c
to y up C, 3�sx
STATE OF MAINE
Penobscot, as. \Zr&,t 1 1992
Then personally appeared the above-named Edward A. Barrett and acknowl-
edged 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., 0
P�ddN -ems__
Printed Name _ L6eRey
<e
jtrmnrt�
Notary Publir. yg1A319.6
sK5136 PG032
KME
4-E
u
92-267
1 UR® -1 TO
NSD C®INTRACTZ Vo1TA
sx 136 PG033
IAS AMENDED)
Assigned m Cu..4w NO,
CITY OF BANGOR
(TITLE.) @rbi artret emenain9 Land De.elopmann Code
436 state street
_. ..
Be 0 Ondaieed by the City CsuaAl Of W! ads Of Hamper- as /dbwe:
THAT the zns
ing boundary lines a established by the Zoning nap of
the city ofBarsor dated October28, 1991, as amended, be hereby
further amended as follows:
By chengino a parcel of land located at 436 State Street (Tax Map NQ_
59, Parcel No. 10) from Urban Residence 1 District to Neighborhood
Service District. Said parcel containing approximately
mately 22.835 sq.
o
ft, and beine more particularly indicated on the attached hereto
and made a pact hereof.
PROVIDED. HOWEVER THAT, in addition to the mandatory conditions iM-
aed by Chapter VIII, Article 2, section 6.6, of the ordinances of
the City of Bangor said change Of zone is .ranted sub iect to the
foltawing conditions:
1. The use
end/or operation Of the subiect o shall be
subject to the followinq limitations and/Or restrictions:
+ A. She property shall be need only for Nose uses designated as permitted
conditional u subject to Planning Board approval as designated
in the r
theUrban'Residence t District, and a business office or professional
office, provided such use is conducted by residentslivingon the premises
and has n e the four. staff memtiera-on-tbe-site at any one time in
addition to said residents.
B. Business office or professional office use shell be located
only within the -n istinq most northerly building on the
property (the Carriage House,
C. There shall be no siqn on the property other than a name
plate as permitted under the Sign Ordinance of the City Of
Bangor.
BIR' RANCOR,
AWNINS.
may/
MAY 29,1492
+ Amended May 27, 1992 �%A WHO COPY. Ailp1
—;iY„e'.c¢Pot "4-~ _- EXHIBIT B
Car CtRe
cdK5136 FGM
92-24]
(As Amended)
2
D. The Carriage House shall retain its residential character,
and to that end there shall be no alteration to the exterior
of the building which would result inchange i appearance
in v
its overall proportions or facade through such changes a
altering the roof line, eaves line or installing significant-
ly larger windows.
E. Neither the floor a r the cubic footage of the interior
of the carriage House, it exists as of the date of this
contract, shall be expanded.
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. 1n the event that said agreement is not s executed
within ninety (90) days from the date of passage hereo. this
Ordinance shall become null and void.
1
G&ISD
BNS LA47 PG0351
*:z
f' URD 1 TO ...P9�A5�IBLPM �E58
.:_ TIES
lMCONTM EGGISIER