HomeMy WebLinkAbout1992-10-14 92-476 ORDINANCEllen
Date Octoberc 21, 1992 It No. 92-476
Item
ami
Item/Subject: Amending Land Development Code - 546 Broadway - C.O. p 92-476
Responsible Department: Planning Division
Commentary:
The Planning Board at Its regularly scheduled meeting of October 20, 1992
held a public hearing on the above-noted zoning request.
Thomas Russell, Esq., representing the applicant, spoke In favor of the
proposed contract zone change and discussed the amended contract conditions.
Robert Yackobitz, representing the property owner, also spoke in favor.
No one spoke in opposition to the contract zone change request.
The Planning Board voted to amend the contract zone change conditions and
voted 4 to 0 in favor of a motion to recommend that the City Council approve
the contract zone change contained in d 92-476 (As Amended).
means Is,
Manager's Comments: p(I.A. roi�k-r�j,�'1.
. On&� I T44jim
'WS Q.NN✓Yl9(A Vj�
1H UU
Ciq Mav[8w [
Associahtldnforr,wtion:® - u-, �, y�wwZ' ,
/
budget Approval:
ainve[[ AWCW
Legppagll Approval: 7"ti�'.'5 ily, esfairef .Poe S)
41ona'ipc s/etcp fay Fi M( ®&ss ty- C;ry BM;alsur
Introduced For
Opassage
C] First Reading paga_of_
❑ Referral
92-476
Aeeigned b Councilor Sawyer, October 14, 1992
- CITY OF BANGOR
MTLE.) (orbinttlta, Awarding Land Development code
546 Broadway
Be it ordained 4y de City Coweil of Her City of Heaven, as IsSma:
THAT the aninq 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 546 Broadway (Tax Map No. 37,
Parcel No. 13 and Tax Map No. 42, Part of Parcel No. 2A) from Urban
Neeidence 1 District to Neighborhood Service District. Said parcel
of land containing approximately 21,550 sq. ft. and being more partic-
ularly indicated on the map attached hereto and made a part hereof.
PROVIDED HOWEVER THAT, in addition to the mandatary conditions im-
posed 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
follovinq conditions:
1. The use
and/or operation of the subject premises shall be
subject to the following limitations and/or restrictions:
A. My nonresidential use of the property shall be limited to a
business
office or the office of a professional person, as
those terms are currently defined in the Land Development
Code.
B. The existing structures on the premises and any alternations
thereof shall be maintained and constructed so as to retain
residential character of appearance. To that end, there
shall be no alteration of the exterior of the existing prin-
cipal building which results in a material change in the
appearance of its overall proportions or facade through such
changes as significant alteration of the roof or save lines,
or installing significantly larger windows.
93-4]b
(AS AMENDED)
C. Any replacement of the existing principal structure shall be
designed and constructed so as to create a building which is
Iesidential in appearance, including a pitched, shingled
Ioof, exterior siding that is residential inappearance, and
windows and doors that a customarily used in the construc-
tion of single family homes.
D. There shall not be a sign on the property, other than a name
plate as permitted under the Sign Ordinance of the City of
Bangor.
E. Any use
of the primary structure on the property shall not
exceed 1,800 square feet of gross floor area. The foregoing
limitation shall not apply to the use of the two existing
accessory structures on the premises as on site parking for
any nonresidential use.
2. Execution by those parties with an interest in the affected
property of an agreement providing for the implementation and enforce-
ment of all the terms and conditions set forth above and the record-
ing of said executed agreement in the Penobscot County Registry of
Deeds by the property owner, a copy of said agreement being on file
n the office of the City Clerk and incorporated herein by refer-
ence. 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.
92-4]6
ORDINANCE
( TITIE,I Ane dig Iend Development Cade
In City adingCouncR ferOctred 14,1993
FCo Peadlrq Referred to AppzoprLate 546 Broadway
C onmittee
Amigned to
�rt n'I �xtux,�
t-
92-4)6
(AS AMENDED)
SAPS _._.
INTERSTATE
\ R •
.P
95
92-4)6
(AS AMENDED)
Assmaed to Cougdlbw Sawyer October 26, 1992
�4 CITY OF BANGOR
(TITLE.) Mrbiltattrrl Amending. Land Developme t Code ......... ..............
546
Be oedaixad by Be City Council of City Oilseeds. as!dhows:
THAT the zoning boundary lines as established by the Zoning Map
oT the City of Bangor dated October 28, 1991, as amended, be
hereby further amended as follows:
By changing a parcel of land located at 546 Broadway (Tax Map
No. 32, Parcel No. 13 and Tax Nap No. 42, Part of Parcel No. 2A)
from Urban Residence 1 District to Neighborhood Service
District. Said parcel of land containing approximately 21,550
sq. ft. and being more particularly indicated on the map
attached hereto and made a part hereof.
PROVIDED BONEVER MAT, 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 sone 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. Any nonresidential use of the property shall be limited
to a business office or the office of a professional
person, as those terms are currently defined in the
Land Development Code.
B. The existing structures on the premises and any
alternations thereof shall be maintained and
constructed so as to retain a residential character of
appearance. To that end, there shall be no alteration
of the exterior of the existing principal building
which results in a material change in the appearance of
its overall proportions or facade through such changes
as significant alteration of the roof or save lines, or
installing significantly larger windows.
92-676
ORDINANCE
IN CITY COUNCIL TITLE) Amending Land Development Cade
October 26, 1992
Amended by Substitution Broadway
and Passed by the following
yes and no votes. Councilors
voting yes: Baldattl'Bragg
.
Cohen, Frankel, Sawyer, Saxl and
Soucy. Councilors absent: "gw.d
Blanchette and Stone.
m� -
1 to
clrx cewcitwmn c
i '.
Introduced For
p Passage
❑ First Reading Pop—of—
Referral - P-Qe++w� ?,;aJ
Date Octoberc5"1992
Item No. 92-476
Item/Subject Amending Land Development Code - 546 Broreci
Responsible Department: Planning Division
Commentary:
For Referral to Planning Board.
The applicant Is proposing a contract zonechange
from Urban Residence -I
District to Neighbor Mod Service District for the
property located at 546
Broadway.
e runam1
Managers Comments:
/lY.f_/IAN Q• IWL!/3 fV_
Cily Mamgn
Associated Information:
Budget Approval
-
NamespMemr
y�
LLeegal Approval: rtii5 I{r i1 A flew -up i
,
ye CpJneil BRfrr qJ-I/.$$, 9J%{epel}I A [VA✓OYan C( Cig SWke,r
Jt ""7 /4001 j*o{{z�� AI6r r N. Vegr A rrPrs. uP
geeenci rea,(15, 'i{ fk Gknnlr5 Heard rdAnves, l AmslJr srornmr ra/w
Introduced For
p Passage
❑ First Reading Pop—of—
Referral - P-Qe++w� ?,;aJ
92-476
Areig ed to f...o.. br
WCITY OF BANGOR
(TITLEJ (0drinuatre, send n9 Land Development, code
546 Broadway
Be it ordained Ey Beaty Commit of the CitydBassew." flAl mx:
THAT the zoning boundary lines as established by theZoning 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 546 Broadway (Tax Man No. 37,
Parcel No. 13 and Tax Map No. 42, Part of Parcel No. 2A) from Urban
Residence 1 District to Neighborhood Service District. Said parcel
of land containing approximately 21,550 sq. ft. and being more partic-
ularly 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 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. Any nonresidential
sidential a of the property shall be limited to a
business office or the office of a Professional Verson, as
those terms are currently defined in the Land Development
Code.
B. The existing structures on the premises and any alternations
thereof shall be maintained and constructed so
as to retain
a residential character of appearance. To that end, there
shall be no alteration of the exterior of the existing Prin-
cipal building which results in a material change in the
appearance of its overall proportions or facade through such
changes as significant alteration of the roof or save linea,
or installing significantly larger windows.
92-4]6
C. Any replacement of the axisting principal structure shall be
designed and constructed
o
s a to create a building which is
residential in appearance, including a pitched, Shinnied
root, exterior siding that is residential i appearance, and
windows and doors that are customarily used in the construc-
tion of single family homes.
D. There shall not be a Sign on the property, other than a
name
plate as permitted under the Sion Ordinance of the City of
Bangor.
2. execution by those parties with an interest in the affected
property of an agreement providing for the implementation and enforce-
ment of all the terms and conditions set forth above and the record-
inq of said executed agreement in the Penobscot County Registry Of
Deeds by the property owner, a copy Of said agreement being on file
n the office Of the City Clerk and i orated herein by refer-
ence. 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.
92-476
APP.U.9,AT-JON_ FON-I.ANQ.J)FVELQPII$RT COO§--ANQ M"- MENDXEN$
TO: THE CITY COUNCIL AND DATE October 2, 1992
THE PLANNING BOARD OF BANGOR, MAINE: NO. _-
1. I(NN). R1Chaxd_ N. Perry, Jr.
2. of, 569 Hammond St., Bangor, Maine 04401 942-6909
Address City ov post OE Eiee ----on—
Rel ephe
hereby petition to amend the Land Development Code of the City of
Bangor, Maine by reclassifying from Urban Residence 1 (URD -1)
distr is t'to the Neighborhood Service TNSD1— —di ---- -for 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) ,546 Broadway
Total Area (acres or square feet) 21.550 t_eq.=
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street
West side of Broadway, approximately 265' southerly of
Falvey Street
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 37 Parcel 13
and Portion of Map No. 42, Lot 2A*
6. EXISTING USE: _Single family residence
7. PROPOSED USE:, Business/professional _ B9tate of Albert N. petereon
office
8. NAME AND ADDRESS OF OWNER OF RECORD: Name Ruby Faulkner, Personal Rep.
3OT-Hdsson Ave., Apx.1-1
Li Address _Bangor,Maine 04401
9. NAME AND ADDRESS OF CONTRACT OWNER (if suuc'h)))::�See
I 6672 o e
10. SIGNATURE OF OWNER OR CONTRACT OWNER:C/ �
11. REPRESENTATIVE OF APPLICANT: Name Thomas A. Russell, Esquire
(if applicable)fch�'S c��-sins
Address P.O. Box 702, 99 Franklin St.
-]3ang0r-,-Wa-ine-UT- —
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETORN_F9RMK5 _PLICATE TO PL6N�lISiG DIVISION QTY H L BAP{_GgR,_Nq_
ARPIi 3ti-gn EeS UggglBri g Ad"rt_k"nq Tat4l
Zone Change (1/2 acre or less) $265.25 $200.00* $465.00
- Zone Change (in excess of 1/2 acre) $424.50 $200.DD* $624.50
Contract Zone Change $636.75 $250.00* $886.75
*Two Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
*Bangor City Council has authorised conveyance of said portion
to owner of record of Map No. 37, Lot 13 (Council Order 92-455).
92-4]6
ANRNDRD
PROPOS® CONTRACT SONINO CONDITIDNS
546 BROADWAY "
The use and/or operation of the subject premises shall be
subject to the following. limitations and/or restrictionsn
1. Any nonresidential use of the property shall be limited
to a busineas'office or the office of a professional person, as
those terms are currently defined in the Land Development Code.
2. The existing ,structures on the .premises., and any -
alterations thereof shall be maintained and constructed so. as to ..
retain a residential character of appearance. To that end, there
shall be no alteration of the exterior of the existing principal
building which results -ift a material change in the appearance of
its overall .proportions or facade through such changes as
'-significant alteration of the roof or save lines, or installing
significantly larger windows.
3.. Any replacement of the existing principal structure shall
be designed and constructed so as to create abuilding which is
residential in appearance, includinga pitched, .shingled roof,.
exterior aiding that is residential in -appearance, -and windows and
doors that are customarily used inthe construction of single.
family homes. -
4. There shall not be a sign on the property,' --other than a
name.plate as permitted under the Sign Ordinance of theCityof
Bangor.
S. Any. use of the primary structure on the property shall not
exceed 1,500square feet of, gross floor area. .The foregoing
limitation shall not apply to the use of the two existing accessory
structures on the promisee as. on site parking for any
nonresidential use. - -
Excerpt from October 20, 1992 Planning Board Meeting Memorandum
PUBLIC_HEARING
Item NO. Z: Amending Land Development Code - 546 Broadway -
Richard N. Perry Jr., C.O. R 92-476
a. General Description. Applicant requests a contract sone
change for a 21,550 sq. ft. parcel of land on Broadway from
urban Residence 1 District to Neighborhood Service Dis-
trict. This parcel is the one which was before the Board
previously for a oil change facility and is located immedi-
ately north of the south bound on-ramp at the 1-95 and Broad-
way interchange.
b. La_nd_use and_3oning-Policy. This quadrant of the 1-95 and
Broadway interchanges is proposed for low-density residen-
tial use. However, the land use policy for the area direct-
ly across Broadway from the site and further out Broadway
from this site is for commercial use. The zoning in the
area includes commercial zoning on the south side of the
interchange immediately south of this property an the west
aide of Broadway aswell as commercial ronin apposite this
parcel an the east side of Broadway. The reason that this
quadrant was proposed for low-density residential use
e was
because of the Bangor Gardens Subdivision, of which this
parcel is not a part, but which is located only a few feet
away from this parcel on the other side of a City -owned
strip which contains a power line and an extensive, open,
storm drainage ditch.
C. Existing Conditions,. The parcel subiect to the zone
change
request is made up of the former existing house lot with the
former residence which has a very limited amount of frontage
n Broadway (being approximately 45 feet) and an additional
strip of the land on the north aide of the residential Par-
cel which has been committed to the present owners by the
City in order to create a lot which will conform t0 zoning
ordinance standards. This parcel contains approximately 37
feet of frontage and runs the full depth of the 200 foot
property line of the existing residential lot. (The City
will retain aneasement on the existing storm drain which
crosses over the westerly corner of the parcel it is Convey-
ing and receive an easement to an existing City sewer which
runs down the full length of the existing residential lot as
part of this transaction.)
The parcel is somewhat uniquely located in that there is an
additional 115 feet of City land which serves as a buffer
between the piece to be c veyed and the nearest lots in the
Bangor Gardena Subdivision As such, the parcel is isolated
both geographically and physically because of the power line
and the storm drainage ditch which run east -west and paral-
lel to the northerly property line. On the south the parcel
is abutted by the south bound on-ramp which is grade separat-
ed at the roar of the lot but is very nearly at the same
elevation at the Broadway end of the parcel. These unique
conditions have combined to make it difficult to sell the
residence on the existing parcel. While there are commer-
cial se and commercial zoning opposite this property a
Broadway, its close proximity to the on-ramp and the diffi-
culty of accessing the parcel due to queueing at the traffic
light in this location make it an undesirable site for any
high traffic generating usThe proposed use would net be
a high traffic generating use.
d. Urban Services. This site is completely served by a full
range of urban services.
e. Decision Crite_ri_a. The basic threshold conditions for a
contract zone change are that the proposed zoning must be
consistent with the City's Comprehensive Plan; that the
Proposed sone change must be "consistent with existing uC9
in the area and permitted uses within the original zoning
district." Since the Comprehensive Plan provides for c er -
ial use directly across the street from the site and fur-
ther out Broadway from the site, it is conceivable that some
kind of commercial zoning on this parcel could be deemed
consistent with that extensive area in the immediately vicin-
ity proposed for commercial use.Strictly speaking, the
proposed use is sot consistent with uses allowed in the
URD -1 District, although the use is clearly consistent with
many n, arby commercial activities. The restriction of the
use Ofthe property to the residential dwelling and its
maintenance architecturally as a residential structure keep
the use of the site in character with uses in the URD -1
District. Also, the proposed office use of the facility
would be similar to a home occupation use in that it is much
more limited "commercial" use than retailing and other such
activities.
The contract conditions themselves propose to limit signage
to a nameplate sign; maintain the residential character of
the building; limit the use to office use; and, staff has
proposed the addition of a contract condition to limit the
floor area of the primary use structure to its present floor
f. Reooamen$ation. The proposed contract zone change arguably
can meet the 'mandatory conditions" fora contract zone
change under the Ordinance and, further, the unsuitable
nature of this site for continual single-family residential
use makes it mandatory that some accommodation be made for
future reeve
of the parcel. For these reasons and given the
restrictive contract conditions, Staff would recommend that
the Planning Board recommend the contract zone change to the
Council for its approval.
C. Any replacement of the existing principal structure shall be
designed and constructed so
s to create a building which is
residential in �appearance,including a pitched, shingled
roof. exterior siding that is residential in appearance, and
windows and doers that are customarily owed in the construc-
tion of single family homes.
D. There shall not be a sign on the property, other than aame
plate as permitted under the Sign Ordinance of the City of
Bangor.
2. Execution by those parties with an interest in the affected
property of an agreement providing for the implementation and enforce-
ment of all the terms and conditions set forth above and the record-
ing of said executed agreement in the Penobscot County Registry of
Deeds by the property owner, a copy of said agreement being on file
n the office of the City Clerk and incorporated herein by refer-
ence. In the event that said agreement is not so executed within
ninety (90) days from the date of passage hereof, this ordinance
shall became null and void.
92-4]6
�'daxs&ps".
9 \
O
INTERSTATE 95
rz-Y7(�
APPLICATION FOR LAND DEVELOPMENT_ CODE, AND MAP, AMENDMENT
TO: THE CITY COUNCIL AND DATE October 2, 1992
THE PLANNING BOARD OF BANGOR, MAINE: N0.
1. I(99), Richard N. Perry, Sr.
2, of 569 Hammond St., Bangor, Maine 04401 942-6909
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 1 (URD -1)
district to the Neighborhood Service(NSD)- --
9 district for 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) ,546 Broadwm�
Total Area (acres or square
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Str
West side of Broadway, approximately 265' southerly of
Falvey Street -
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map NO.37 _ Parcel 13
and Portion of Map No. 42, Lot 2A* "
6. EXISTING use: Single family dunce
7. PROPOSED USE: Business/professional _office
Estate Of Albert N. Petersen
e. NAME AND ADDRESS OF OWNER OF RECORD: Name Ruby Faulkner, Personal Rep.
'Bangor, son Ave;; Apt. U-1
Ma
Address Bangor, inene 04401
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): See 1 6 2 0 e
10. SIGNATURE OF OWNER OR CONTRACT OWNER:( %! %� J/z.
11. REPRESENTATIVE OF APPLICANT: Name Thomas A. Russell, Esquire
(if applicable)Mit1iZ1-s
Address P.O. Box 702, 99 Franklin St.
-Eangdr- � T4-aifie -0440 DZ -
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN_F-ORM_$,.UUPLICATE T0-PLANNINC_DLVISI0j1. CITY__] ALL,___BANQQR.--- ME.
ABphg;tlpA_f_ee, FSocesai£g Advertising Tatal
Zone Change (1/2 acre or lees) $265.25 $200.00* $465.00
Zone Change (in excess of 1/2 acre) $424.50 $200.00* $624.50
Contract Zone Change $636.95 $250.00* $886.75
*Two Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
*Bangor City Council has authorized conveyance of said portion
to owner Of record of Map No. 37, Lot 13 (Council order 92-455).
PROPOSED CONTRACT ZONING CONDITIONS
546 MO AY
The use and/or operation of the subject premises shall be
subject to the following limitations a,xl/or restrictions,
1. Any nonresidential use of the property shall be limited
to a business office or the office of a professional person, as
those terms are currently defined in the Land Development Code.
2. The existing structures on the premises and any
alterations thereof shall be maintained and constructed so as to
retain a residential character of appearance. To that end, there
shall be no alteration of the exterior of the existing principal
building which results in a material change in the appearance of
Its overall proportions or facade through such changes as
significant alteration of the roof or save lines, or installing
significantly larger windows.
3. Any replacement of the existing principal structure
shall be designed and constructed so as to create a building
which is residential in appearance, including a pitched, shingled
roof, exterior siding that is residential in appearance, and
windows and doors that are customarily used in the construction
of single family homes.
4. There shall not be a sign on the property, other than a
name plate as permitted under the Sign Ordinance of the City of
Bangor.
aK52�7
PG3 O2 - (AS AMENDED)
Aeeigned to Councilor Bavyer October 26,'1992
CITY OF BANGOR
(TITLE) (PXb[p8lttCt Amonei g t na Development code
546 Broadway
Be k ordaia^d 6y the Cory Count of the aim of Bangor, ae fokmew
THAT the zoning boundary linea a established by the Boning Map
oF'the City ofBangor dated October 28, 1991, as amended, be
hereby further amended as follows:
By changing a parcel of land located at 546 Broadway (Tax Map
No. 37, Parcel No. 13 and Tax Map NO. 42, Part of Parcel No, 2A)
from Urban Huainan" 1 District to Neighborhood Service
District. Said parcel of land containing approximately 21,550
sq. ft. and being more Particularlyindicated 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 thefollowing conditions:. .
1. The use and/or .operation of the subject premises shall
be subject to the following limitations and/or. restrictions:
'A. Any nonresidential as of the property shall be limited
to a business officeor the office of a professional
Person, as those terms are currently defined in the
Land Development Code.
B. The .existing Strructureson the premises and any
alternations thereof shall be maintained aid
constructed soas to retain aesidential character of
appearance. To that end, there shall be no alteration
of the exterior of the existing principal buildinq
which results in a material change. in the appearance of
its overall Proportions or facade through such changes
as significant alteration ofthe roof or save lines, or
installing significantly larger windows.
�fpf`
OtKMACPassed as amended
bCHINS October 26,1992
-' Dec -9-r>
!A� TRIP(OYV. AIMISSI EXHIBIT B
MCA
my sax
R u.BY]10Ili:
DATE: July 27, 1993
TO: Russ McKenna, City Clerk
FROM: Lynn Johnson, Planning Secretary
SUBJECT: Original Copy of Contract Zone Change Agreement -
C.O. A 92-416 (As Amended)
Attached is the original copy of the Contract Zone Change
Agreement between the City of Bangor and Richard N. Perry, Jr.,
for property located at 546 Broadway.
Please keep this on file with C.O. A 92-496 (As Amended).
L.P.J.
aK5237 PG295
042428
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of December 23, 1992, by and
between the CITY OF BANGOR, a municipal corporation with a place of
business located at 73 Barlow Street, in Bangor, County of Penobscot,
State of Maine and RUBY B. FAULKNER, Personal Representative of the
Estate of Albert N. Peterson, of Bangor, County of Penobscot, State
of Maine AND RICHARD N., PERRY, JR., of Levant, County of Penobscot
State of Maine
WITNESSETH:
WHEREAS, Ruby B. Faulkner is Personal Representative of the
Estate of Albert N. Peterson, owner of record of acertain parcel of
land situated in Bangor, County of Penobscot, State of Maine, said
land being located at 546 Broadway, and being identified on City of
Bangor Assessor's Map No. 37, as Lot 13. Reference may be had to a
deed from the City of Bangor to Albert N. Peterson dated April 25,
1944 and recorded in Volume 1091, Page 458 in Penobscot Registry of
Deeds and to a deed from Effie I. Strout to Albert N. Peterson dated
November 19, 1939 and recorded in volume 1144, Page 324 in Penobscot
Registry of Deeds; and
WHEREAS Richard N. Perry Jr. is the Grantee of a 37' x 200'
parcel of land described is a Release deed from the City of Bangor to
Richard N. Perry, Jr., dated December 10, 1992 to be recorded in the
Penobscot County Registry of Deeds, said parcel lying adjacent to the
above-described Albert N. Peterson property, and
WHEREAS, Richard N. Perry, Jr. and Ruby B. Faulkner have entered -
into a purchase and sale agreement under terms of which Richard N.
Perry Jr. has agreed to buy and Ruby B. Faulkner has agreed to sell
said Albert N. Peterson property at 546 Broadway; 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, so-called, to reclas-
sify said parcels of land (said parcels hereinafter being referred to
as the "subject premises") said parcels comprising a land area
Of
approximately 21,550 sq. ft., and containing both the Albert N.
Peterson and Richard H. Perry Jr. parcels described above, all as set
forth in Exhibit A attached hereto and incorporated herein by
reference, from an Urban Residence 1 District to a Neighborhood
Service District under the Land Development Code of the City of
Bangor as
now
n force, 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 recomendations of the Planning Board,
the Bangor City Council adopted Council Ordinance 92-246 (as amend-
ed), whereby it reclassified the subject premises from an Urban Resi-
dence 1 District to a Neighborhood Service District under the Land
Development Code of the City of Bangor subject to certain restric-
tions and/or conditions, a copy of said Council Ordinance 92-476 (as
UU37 PG296
mended) and the restrictions and/or conditions contained therein
being attached hereto as Exhibit E and incorporated herein by refer -
NOW THEREFORE, in consideration of the reclassification of the
subject premises from an Urban Residence 1 District to a Neighborhood
Service District under the Land Development Code of the City of
Bangor, the parties hereto agree as follows:
1. Ruby B. Faulkner, personal Representative of the Estate of
Albert N. Peterson, and Richard N. Perry, Jr., their successors and
signs, hereby covenant and agree that the a 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 physi-
cal development or operation of said property:
A. Any nonresidential use of the property shall be limited t0 a
business office or the office of a professional person, as
those terms are currently defined in the Land Development
code.
B. The existing structures on the premises and any alternations
thereof shall be maintained and constructed so
as to retain
residential character of appearance. To that end, there
shall be no alteration of the exterior of the existing prin-
cipal building which results in a material change in the
appearance of its overall proportions or facade through such
changes as significant alteration of the roof or save lines,
or installing significantly larger windows.
C. My replacement of the existing principal structure shall be
designed and constructed s s to create a building which is
residential in appearance, including a pitched, shingled
roof, exterior siding that is residential in
appearance, and
windows and doors that a customarily used in the construc-
tion of single family homes.
D. There shall not be a sign on the property, other than a
name
plate as permitted under the Sign Ordinance of the City of
Bangor.
E. My use of the primary structure on the property shall not
exceed 1,800 square feet of grass floor area. The foregoing
limitation shall not apply to the use
of the two existing
accessory structures on the premises as on site parking for
any nonresidential use.
2. The Owners hereby agree that the above -stated restrictions,
provisions, conditions, covenants, and agreements are made an essen-
tial part of this Agreement, shall ran with the subject premises,
shall bind the owners, their successors and assigns, to or of said
SK5237 PG297
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 Owners hereby agree that if they, or any person claiming
under or through than, shall at any time violate or attempt to vio-
late, or shall omit to perform or observe any one or more
of the
foregoing restrictions, provisions, conditions, c ants, and agree-
ments, 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
solations of this Agreement in the same
manner that it
is authorised to prosecute violations underthe Land
Development Code of the City of Bangor in effect at the
time of said violations. For the purposes herein, a
violation of this Agreement shall be deemed a violation
of said Land Development Code and shall be subject to
the penalty provisions of said Code in effect at the
time of violation. each day that a violation is permit-
ted 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 par-
cels of land which abut the subject premises shall have
the right to institute any and all actions or proceed-
ings, 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 Owners further agree that the failure of the City of Bangor o
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
s to the same breach or iolation or as to any breach or violation
occurring prior to or subsequent thereof.
4. The City of Bangor and the Owners 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 is expressly under-
stood by the parties hereto that any such change shall be in accor-
dance 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 he processed accordingly.
SK5237 PG298
5. The parties hereto hereby agree that nothing in this Agree-
ment shall be construed so as to preclude the future exercise of the
Bangor City Council's legislative authority relative tothezoning of
the subject premises. in the event that the zoning of said premises
is changed by the City Council, any use established under the provi-
sions outlined in paragraph 1, above, subject to the restrictions,
provisions, conditions, covenants, and agreements contained in this
Agreement, shall be allowed to continue as anonformity or a
nonconforming use, whichever the ease may be, in with the
provisions of the Land Development Code, as may be in effect at the
time of said sone change, governing the same.
6. The parties hereto hereby agree, for themselves, their sun-
ressora
and assigns, to waive any and all rights to challenge the
validity of Council Ordinance 92-976 (as amended) or the terms of
this Agreement.
7. The parties hereto hereby agree that if one of the restric-
tions, 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 provi-
sion and such determination 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 para-
graph L, above, a invalidated o such other provision is
o
invalidated s amoe constitute amaterial change in the
restrictions, provisions, conditions, covenants, and agreements
negotiated by and between the parties, the City of Bangor orabutting
s
land o shall have the power to seek a reversion and/or change of
the zoningof 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 a representative of the City of Bangor or ax, abutting
property owner to the subject premises, shall be processed in
accordance with the procedure 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 vane change for
the subject premises in the event that the City of Bangor or abutting
land owners are deprived of the conditions negotiated to mdnimize 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.
BK5237 PG299
IR WITNESS WHEREOF, this Agreement has been executed and deliv
aced as of the day and year first above writtee�n77.
Hitnesa BY' R by ed Faulkner
Personal Representative
of the Estate of rt
.C�1Zl. N. Peterson
9
i mesa �—� 8Y. Richard N. -Perry,
l!11,ry//l CITY OF BANGOR
BY
H ass Edward A. Barrett
Its City Manager
STATE OF MAINE
Penobscot, as
1992
Then personally appeared the above-named Roby B. Faulkner and
acknowledged the foregoing to be her free act and deed in her
capacity as Personal Representative of the Estate of Albert N.
Peterson.
Before me
Lorg—
tea Name; 'A&4zr E. yq
ry Public
efle}�at—tar'
� FywmwHe^ ewm°.wr ae. �eW
aK323.7 PG300 STATE OF MAINE
Penobscot, as.1992
Then personally appeared the above named Richard N. Perry, Jr. and
acknowledged the foregoing to be his free act and deed. Qp
Before m
�inte Name: yfiw ev C.vnwn Gslru
Notary Public
#EkeeneY�at-box-
/l+T / aN9i
STATE OF MAINE
Penobscot, as. j£-,0Mf?Ei / 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,
Printed Name:
Notary Public
Attorney-et—vev
TERRI LEE COREY
Notary Public, Biwa of Maine
My comm. erpirae 12121
BK5237 PG301
92-476
(AS AMENDED)
rS&PS :.!
a 10
EXHIBIT A
52-4U5237 N 3
`• (AS AMENDED)
2
C. Any replacement of the existing principal structure shallbe
- designed and gonstrueted a s to create a building which is
esidential in appearance,oincluding a pitched, shingled
roof, exterior sidinq, that is residential in appearance, and
windows and doors that a customarily used in the construe -
tion at si.ngle'tamily homes. - -
D. There shall not be a sign On the. property, other than aaine
plate as permitted under the Sign Ordinance of the City of
Bangor.
E. Any use of the Primary structure on the property shall not
exceed 1,800 square feet of gross floor area. The foregoing
limitation shall not apply to the use
of the two existing
accessory structures on the Premisesas on site parking for
any nonresidential use.
2. Execution by those parties with an interest in the affected
property of an agreement,providinq for the implementation and enforce-
ment of all the terms and conditions set forth above and the r cord-
ing of said executed agreement in the Penobscot County Registry of
Deeds by the property owner, copy of said agreement being on file
n the office of the City Clerk and incorporated herein by refer
In the 'event that said agreement is not soexecuted within
neW(90) days from. the date of passage hereof, this Ordinance
shall became null and void. -
,BK$237 P6304
1./
N
PENOBSCOT' ss RECD
92 DEC 24 RM (ad3
ATTEST:
cl��.,,,,.,
REG 111I -
92-476
(AS AMENDED)
S&PS
�O
INTERSTATE 95