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Home My WebLink About1990-11-14 91-04 ORDINANCEGuntll Mim ... OM Nov. s 1990 Itm: No91-4 Amending Zoning Ordinance - 1004 State Street Itrn/S:bJM: (Contract Zone Change) BmpomiW Depn : Planning Division e mmmWy: For Referral to Planning Board. - The above r qu,�et isfor a zone change from Residential 1 Zone to Residentia?3 Zone (subject to certain conditions) for parcels gE land located at 1004 State Street. xarn•r.n.xw ManepareCommmb. , ' - ciymam A ieted Inbrmation:0••0�_..../. ) re 4'"lepd Appowl: F' *: carswaum IntroducM Far OPans"-, 1 1. '.a C1 fast aeadi e ®flelema! - Pape—ot_ Amending Zoning Ordinance (Contract Zone Change) The above request is for a zone change from Residential 1 Zone �to Residential 3 Zone (subject to certain conditions) for parcels - o£ land located at 1004 State Street. kl� 444014.9 $oA22> K M:oGrrTO .P%+s'✓HMh'+E6 TMS Qo&rP-4 T 246(1£✓ 90Z4 AF/Ma2L fT /7j i�'R/f'r41c /vfl4�gy/PN/S ATS �GFjL4C `yP O.e%(/f>. Menppr'�Cmmmmn: CAycayz .Wvpn AtlnCipKd bMma:bn:��Q m� _ _ Boden AVpay* n _ LapN Aypo�N. . Crlyt 'ttw a pn <M Fa Fnt Rapine' Fepe—of_ imANmeN IN CITY COUNCIL • November 26, 1990 BK 4 7 94 PG2 95 Passed 91-4 A True Copy, AtteaL Aeewig,udb Comwaor Sullivan, November 14, 1990 CI?.TTYY CLERK /CITY OF BANGOR Amending Z ning Ordinanc (TITLE) �xilit[lUT4Qe ....... 1004 State street .. ... _...... ,__.. Be it ordebNB 6V Nm Chu Cmn*U of the Ctty d8eftReC, m IRi ds he Zoning 1f thethe City ofnBangorddatedines as Septembert23, 1974, by lished tamended, be hereby further amended as follows: By changing parts of parcels of land located at 1004 State Street (Tax Map No. R-71, Part of Parcel Nos. 33 and 34) from Residential 1 Zone to Residential 3 Zone.. Said parts of parcels containing approximately 60,200 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 VIII, Article 21, Section 11.3, 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 followinglimitations and/or restrictions: A. There shall be no more than two principal structures constructed on the property. The property shall not be reduced in size or acreage. The footprint of any structure constructed on the property shall not exceed . two thousand (2,000) square feet. The height of any structure shall not exceed twenty-five (25) feet. B: The principal structures shall be set back no less than twenty (20) feet from each sideline; with a one hundred (100') foot front setback. The northernmost principal structure will be set back not less than one hundred twenty (120) feet from the normal high water mark of the stream tributary crossing the Property - C. Each principal structure shall contain no more than four (4) residential units. E%NIBIT 3 91-4 Aeoped WCounHor Sullivan, Noeember 14. 1990 CITY OF BANGOR (TITLE.) MTDi=Ct� Amending zoning Ordinance 1004 State Street Be aE ordained by dt Cttq Cevaed of de city o(Bamnr, as "new. THAT, the zoning boundary lines as established by the Zoning Map 91 the City of Bangor dated September 23, 1974,:,;as amended, be hereby further amended as follows: By changing parts of parcels of land located at 1004 State Street (Tax Map No. R-71, Part of Parcel Nos. 33 and 34) from Residential 1 Zone to Residential 3 Zone. - Said parts of parcels containing approximately 60,200 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatary conditions imposed by Chapter VIII, Article 21, Section 11-.3,. Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. Theduse and/or operation of the subject premises shall be subject to the following, limitations and/or restrictions: A. There shall be no more than two principal structures constructed on the property. The property shall not be reduced in size or acreage. 'The footprint of any structure constructed on the property shall not exceed two thousand (2,.000) square feet. The heightof any structure shall not exceed twenty-five (25) feet. B. The principal structures shall be setDback no Less than twenty (20) feet from each sideline; with a one hundred (100) foot front setback. The northernmost principal 'structure will be set back not less than one hundred twenty ,(120) feet from the normal high water mark of the stream tributary crossing the property. C. Each principal structure shall contain no more than four (4) residential units. 91-4 fr ORDINANCE IN.CITY COUNCIL ( TITLE.) Awarding Zoning Ordinance '. November 14, 1990 Referred to Planning 1004 State Street Board. .j�yy�,y/� ""' CITY HENS Amed gmeel to IN CITY COUNCIL /�%��`p/f ^V4 /� November 26, 1990 Cwuic Lien Passed by the following yes and no votes. Councilor voting yea: Baldacci. Bragg, Cohen. - FranNal, Seel. Sasvaud, Stone and Sullivan. Councilor absent: Saeye[. fr a� 5 91-4 Asdgnedto Counaor Sullivan. November 14, 1990 CITY OF BANGOR (TIT E.) (OrbjUHl1EYt Amendin1.g Zoning Ordinance 1004 State Street Be u ordaiwd by tw City Cauwdt oftU City o(Bamyer, w f 4 we: THAT, the zoning boundary lines as established by the Zoning Hap pf the City of Bangor dated September 23, 1974, as amended, be hereby further amended as Follows: By changing parts of parcels of land located at 1004 State Street (Tax Map No. R-71, Part of Parcel Nos. 33 and 34) from Residential 1 Zone to Residential 3 Zone. Said parts of parcels containing approximately 60,200 sq. ftand 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 21, Section 11.3, Ordinances of the City of Bangor, saidchange 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. There shall be no more than two principal structures constructed on the property. The property shall not be reduced in size or acreage. The footprint of any structure constructed on the property shall not exceed two thousand (2,000) square feet. The heightof any structure shall not exceed twenty-five (25) feet. B. The principal structures shall be set back no less than twenty (20) feet from each sideline; with a one hundred (100) foot front setback. The northernmost principal structure will be set back not less than one hundred twenty (120) feet from the normal high water mark of the stream tributary crossing the property. C. Each principal structure shall contain no more than four (4) residential units. D. An appropriate coniferous vegetative buffer, at least five feet in height, shall be planted .(where no equi- valent vegetative buffer exists) and shall be maintained to screen the use from State Street and to screen the parking area from abutting properties. If the existing cedar hadga on the westerly boundary of the property is. removed, a new coniferousvegetative buffer et least five feet in height, at the time of planting, shall be planted and maintained. E. A minimum of fifteen (15) parking spaces shall be provided. 2. Execution by those parties with an interest inthe affected property of an agreementjproviding for the implementationand enforcementoof 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, copy f said agreement being on file in the Office of the City Clerk and incorporated herein by reference. In the event that said agreement isnot so executed within ninety .(90) days from the -date of passage hereof, this Ordinance shall become null and void. - 91-4 ♦ice R3 ♦ f ♦o MT HOPE �q^EMETERY - ♦ gas#* C&1R1 1a �C&1, ' r�� P&O PENOBSCOT HNE NORTH 0 R1 TO R3 CONTRACT D. An appropriate coniferous vegetative buffer, at least five feet in height, shall be planted (where no equi- valent vegetative buffer exists) and shall be maintained to screen the use from State Street and to screen the parking area from abutting Properties. If the existing cedar hedge on the westerly boundary of the property is removed, a new coniferous vegetative buffer at least five feet in height, at the time of planting, shall be planted and maintained. E. A minimum of fifteen (15) parking spaces shall be provided. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the Office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. 91-4 It 1 ed 9.'� MT HOPE gEMETERY •1 R j, z Loa P&O 4 PBNOBSCOT BIVEBe NORTH ORI TO R3 CONTRACT 91-4 APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE: NO. Michael McLaughlin 1. I(WE) Frederick Gallant 21 Ryder Road, Brewer, HE 04412 202-989-2642 2. of 980 Main Street 0unstable MA 01827 508-649-312) A dress City or Post 0 1Ce Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from R_1 zone to the R-3 Contract zone the property out 1Ked In [ed on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 1004 State Street Total Area (acres or square eat) approx. 60,200 gF 4. PROPERTY LOCATION (General Description): Example - South aide of State Street 400 yds. East of Pine Street North side of State Street' bounded mastery by land of Mt. Hope Cemetery Corporation, northerly by Mt. Hope Stream, and westerly by land of Molly Pitcher. 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. Parcel Portions of Map H71, Lots 33 6 34 6. EYIISTING USE: cane ]. PROPOSED USE: 2 4 -unit apartment buildines P. Gallant, M. McLaughlin: B. NAME AND ADDRESS OF OWNER OF RECORD: Name Mt. Hope Cemetery Corp. Address 1038 State Street. Bangor 9. NAME AND ADDRESS OF CONTMCT OWNER (if such): F, Gallant, M. McLaughlin �j Sea attached Option Agtpement 10. SIGNATURE OF OWNER OR CONTRACT OWNER: `T•-- 11. REPRESENTATIVE OF APPLICANT: Name P. Andre!!Ham lion Fug (1£ applioabl e) Eaton, Peabody, Bradford 6 Veague, P.A.. Address p. 0. Box 1210. Banner 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM b DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR ME Application Fee: Processing Advertising Total Zone Change $90.00 $ 50.00 • 5140.00 Contract Zone Change 90.00 250.00' $340.00 'Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 9l -L CONTRACT ZONE CRANGE CONDITIONS 1004 State Street, Bangor, Maine 1. There shall be no more than two principal structures constructed on the property.. The property shall not be reduced in size or acreage. The footprint of any structure constructed on the property shall not exceed two thousand (2,000) square feet. The height of any structure shall not exceed twenty-five (25) feet. 2. The principal structures shall be set back no less than twenty (20) feet from each sideline; with a one hundred (100) foot front setback. The northernmost principal structure will be set back not less than one hundred twenty (120) feet from the normal high water mark of the stream tributary crossing the property. _ 3. Each principal structure shall contain no more than four (4) residential units. A. An appropriate coniferous vegetative buffer, at least five feet in height, shall be planted (where no equivalent vegetative buffer exists) and shall be maintained to screen the use from State Street and to screen the parking area from abutting properties. If the existing cedar hedge on the westerly boundary of the property is removed, a new coniferous vegetative buffer at least five feet in height, at the time of planting, shall be planted and maintained. 5. A minimum of fifteen (15) parking spaces shall be provided. C:\01011\PAM\MISC\GALCON APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE: NO. Michael McLaughlin 1. I(WE) Frederick Gallant 21 Ryder Road, Brewer, ME 04412 207-989-2642 2. of 980 Main Street Dunstable MA 01as 508-649-312) Address C ty o[ post 0 fice Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from R-1 zone to the R-3 Contract .sone the property out ink ed-En—red on the maps - attached e[eto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 1004 State Street Total Area (acres or squareee[ . 6D.200 SF 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street North side of State Street' bounded century by land of Mt. Rope Cemetery Corporation, northerly by Mt, Hope Stream, and westerly by land of Molly Pitcher. 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. _ Parcel 6. EXISTING USE: Portions of Map R)l, Lots 33 6 34 cant ]. PROPOSED USE: 2 4 -unit apartment buildings B. NAME AND ADDRESS OF OWNER OF RECORD: Name F. Gallant, M. McLaughlin:Mt. Hope cemetery Coro. Address 1038 State Street, tender 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): F. Gallant. M. McLaughlin aLrac�M1yed OnC1on A¢[eemen[ 10. SIGNATURE OF OWNER OR CONTRACT OWNER: J' 11. REPRESENTATIVE OF APPLICANT: Name p Andrew Nam icon (if applicable) - Raton, Peabody, Bradford 6 Veague, P.A. Address P. 0. Box 1210, Bangor 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME Application Fee: Processing Advertising Total Zone Change $90.00 $ 50.00 = $140.00 Contract Zone Change 90.00 250.00" _ $340.00 'Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE CONTRACT ZONE CHANGE CONDITIONS 1004 State Street, Bangor, Maine 1. There shall be no more than two principal structures constructed on the property. The property shall not be reduced in size or acreage. The footprint of any structure constructed an the property shall not exceed two thousand (2,000) square feet. The height of any structure Shall not exceed twenty-five (25) feet. 2. The principal structures shall be set back no less than twenty (20) feet from each sideline; with a one hundred (100) foot front setback. The northernmost principal structure will be set back not less than one hundred twenty (120) feet from the normal high water mark of the stream tributary crossing the property. 3. Each principal structure shall contain no more than four (4) residential units. 4. An appropriate coniferous vegetative buffer, at least five feet in height, shall be planted (where no equivalent vegetative buffer exists) and shall be maintained to screen the use from State Street and to screen the parking area from abutting properties. If the existing cedar hedge on the westerly boundary of the property is removed, a new coniferous vegetative buffer at least five feet in height, at the time of planting, shall be planted and maintained. 5. A minimum of fifteen (15) parking spaces shall be provided. C:\01011\PAH\MISC\GALCON CONTRACT ZONING AGREEMENT (iii OL55 BK4794 PG289 THIS AGREEMENT is made as 04 February 21 , 1991: by and be- tween the CITY Of BANGOR, amcipal corporation with a place of business located at 73 Harlow Street, in Bangor, County o4 Penobscot. State of Maine and MICHAEL MCLADGHLIN, of Brewer, County of Penobscot, State of Maine, and FREDERICK GALLANT, of Dunstable, County of Middlesex, Common- wealth of Massachusetts WITNESSETH: WHEREAS, Michael McLaughlin and Frederico'. Gallant are the owners of racers of a certain parcel Of land situated in Bangor, County ofPenob- cot, State Of Maine, said land being located at 1004 State Street, and being identified on City of Bangor Assessor's Map No. R-71, as Part of Lots 33 and 34. Reference may be had to deeds recorded in the Penobscot County Registry of Deeds in Volume 4736, Pages 12and 13, and Volume 4782, Page 98, for a more particular description of said land; and WHEREAS, pursuant to 30-A M.R.B.A. Section 4352 (S1 and Chapter VIII, Article 2, Sec. S and Article 21, Sec. 11 of the Laws and Ordinances Of the City of Bangor, application was made for a contract zone change, -called, t0 reclassify said parcel of land (said parcel Hereinafter being referred to as the "subject premises') said parcel comprising a land area of approximately 60,200 sq. it., all ad set forth in Exhibit A at - dashed hereto and incorporated herein by reference, from a Residential 1 Zone to a Residential 3 Zone under the Zoning ordinance 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 on the matter, and after due consideration given to the recommendations of the Planning Board, the Bangor City Council adopted Council Ordinance 91-4, whereby it reclassi- fied the subject premises from a Residential 1 Zone to a Residential 3 Zone under the Zoning Ordinance of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 91-4 and the restrictions and/or conditions contained therein being attached hereto as Exhibit B and incorporated herein by reference. NOW THEREFORE, in consideration of the reclassification of the subject premises from a Residential 1 Zone to a Residential 3 Pone under the Zoning Ordinance of the City of Bangor, the parties hereto agree as fol- lows: 1. Michael McLaughlin and Frederick Gallant, their successors and assigns, hereby covenant and agree that the use, occupancy and/or BK4.794 PG290 ent of the subject premises, in addition to other applicable laws, oral- r regulations of the City of Bangor, shall be subject to the following restrictions and/Or contlitions on the physical development or operation of said property: A. There shall be no more than two principal structures c - Structed on the property. The property shall not be reduced acreage.in size or os The footprint of structure con- structed structed onthe property shall not exceed two thousand (2,000) square feet. The height of any structure shall not exceed twenty-five (25) feet. S. The principal structures shall be set back no less than twenty (20) feet from each sideline; with a one hundred (100) foot front set back. The northernmost principal struc- ture will be set back not less than one hundred twenty (120) feet from the normal high water mark of the stream tributary crossing the property. C. Each principal structure shall contain no more than four (4) residential units. D. An appropriate coniferous vegetative buffer, at least five feet in height, shall be planted (where n equivalent vegeta- tive buffer exists) and shall be maintained to screen the e from State Street and to screen the parking area from abutting properties. If the existing cedar hedgeon the westerly boundary of the property isremoved, a nifer- vegetative buffer at least five feet in height, at the time of planting, shall be planted and maintained. E. A minimum of fifteen (15) parking spaces shall be provided. 2. The Owners hereby agree that the above -stated restrictions, provi- onditions, c ants, and agreements s made a essential part of thisy sAgreement, shall r with the subject premises, shall bind the o - their successors antl assigns, to 0 of said property o any par[ Own - ars, a anynterest therein, and any party in possession Or cupansy of said property or any part thereof, and shall inure to the benefit of, and be enforceableby, the City of Bangor, by and through its duly autM10- rized representatives, and the owner or owners of any abutting parcels gi land. 3. The Owners hereby agree that if they, orany person claiming under or through them, shall at any time violate or attempt to violate, o shall omit to perform o observe any o i ooof the foregoing restrc� tions, provisions, conditions, covenants, and agreements, the City of Bangor and the abutting landownar(s) shall have the following remedies, which may be exercised by the City of Bangor either jointly or severally: The City of Bangor shall have the right to prosecute violations of this Agreement in the s r that it is authorized to prosecute violations untler n theZoning Ordinance Of the City of Bangor in effect at the time of BK4794 PG29I said violations. For the purposes herein, a violation of this Agreement shall be deemed aiolation of said Zoning Ordinance and shall be subject to the penalty provisions of said Ordinance in effect at the time of violation. Each day that a violation is permitted to exist after notification of the same pursuant to said Ordinance shall Constitute a separate offense. b. The City of Banger and/or the owner oowners of parcels of land which abut the subject premisesshallhave the right to institute any and all actions orpoceedings, 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 of abutting parcels to object to any violation, however long continued, or to enforce any restrictions, provisions, conditions, covenants, or agreements contained 1n this Agreement shall in ent be deemed a waiver of the right to de so thereafter as to the same breach or violation or as to any breach or violation occurring prior or subsequent thereto. 4. The City of Bangor and the Owners hereby agree that the provi- sions of this Agreement shall r n 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 Zoning Ordinance of the City of Bangor, shall be treated as an amendment to said Ordinance and shall be processed accordingly. S. The parties hereto hereby agree that nothing in this Agreement shall be c nstrued s s to preclude the future exercise of the Bangor City Cou cil's legislative authority relative to the zoning ng pf the subject premises. In the event that the zoning of said premises i changed by the City Council, any use established under the provisions outlined in para- graph 1, subparagraphs A., B., C., C., and E., above, subject to the i - strictions, provisions, conditions, covenants, and agreements contained i this Agreement, shall be allowed to continue as a nonconformity ornon- conforming a whichever the c may be, a accordance with theprovin us s of the Zoning Ordinance, as may be in effect at the time of said zonechange, governing the same. b. The parties hereto hereby agree, for themselves, their successors a and assigns, to w any and all rights to challenge the validityof Council Ordinance 91-4 or the terms of this Agreement. T. The parties hereto hereby agree that if onof the restrictions, s provisions, conditions, covenants, and agreements, or portions thereof, contained in this Agreementis for any reason held invalid or unconatitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such determination shall not affect the validity of the remaining portions hereof. Provided, however, that parties hereto hereby further agree that in the event any of the contracted provisions contained in paragraph 1, ed4794 Pc292 subparagraphs R., B., C., D., and E., above, are invalidated or such other provision i `validated s s to constitute a material changein the restrictions, provisions, conditions, covenants, and agreements negotiated by and between the parties, the City of Bangor or abutting land owners rn shall have the power to seek a and/or change of the zoning of e 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 an abutting property owner to the subject premises, shall be processed i accordance with theprocedure established for an amendment to the Zoning Ordinance in affect at the time, and shall be valuated i accordance with the criteria established for the review of zone change applications. It being the intent of the parties hereto that the owner n shall not he allowed to benefit from the z change for the subject premises in the event that the City of Bangor or abutting land owners e deprived of the conditions negotiated to minimize the negative externalities of the requested rezoning. D. Except as expressly modified herein, the use and occupancy Of the subject pre shall be governed by and comply with the provisions the Zoning Ordinance of the City of Bangor and any applicable amendments thereto or replacement thereof. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. Wy£ Ess WEMR ..IM Frederick Gallant qq CITY OF BAN//'uG/ORR' ,D u. BYj Wie aEJdJSwartl R. Barrett Its City Manager STATE OF MAINE Penobscot, as., Fe" II , 1991 Then personally appeared the above -Famed Michael McLaughlin and ac- knowledged the foregoing to be his free act and deed. BK4794. PG293 Bef are me,,&O� W&JAd e¢ MY wmm Wreai'wagueAN at, tM Printed Name: Notary Publico ranee Alice-ney-at-tau' COMMONWEALTH OF MASSACHUSETTS Middleton, as., February 20 , 1991 Then personally appeared the above-named Frederick Gallant and acknowl- edged the foregoing to be his free act and deed. STATE OF MAI /�Os�.2LBefore , , � � �0610 1q_ _ Notary Public Nme, Penobscot, as. February 21 , 1991 Then personally appeared the above-named Edward A. Barrett and acknowl- edged the foregoing to be his free act and tleetl in his said capacity a City Manager and the free act and deed of said City of ganger. V at Before me, Notary Public 9zaa¢ Notary Public Atiwney-at-law - iW794 PG294 91-4 I R3 • Ii ♦' �� R,�� f♦ �� MT HOPE IVEMETERY _Y �,1•` R1 i � ---- ° R1! !i!&Q•�•��il% Z P&O 4' P,,OsscOTRlVEA NORTH - ® R1 TO R3 CONTRACT EXHIBIT A U4%794 PB296 D. An appropriate coniferous vegetative buffer, at least five feet in height, shall be planted (where no equi- valent vegetative buffer exists) and shall be maintained to screen the use from State Street and to screen the parking area from abutting properties. If the existing cedar hedge on the westerly boundary of the property is removeda new coniferous vegetative buffer et least i five feet n height, at the time Of planting, shall be planted and maintained. E. A minimum of fifteen (15) parking spaces shall be provided. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of 811 the terms and conditions set forth above and the recording of said executed agreement inthePenobof scot gCountyt' Registry f Deeds by the property owner, being on file in the Office of the City Clerk and incorporated herein by reference. In the event that said agreement i nor so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. PENOBSCOT, AS REC'0 91 FEB 21 PH 12-' 57 ATTEST: C1w T, %` - REGISTER