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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