HomeMy WebLinkAbout1961-10-09 239-N ORDER• '.:239-N
Introduced by Councilor Keith. Oct. 9, 1961
CITY OF BANGOR
QITLE3. (®x�¢xt Appeptiag Repm2 of city Engineer. on the baying out of _.
Hmduakeag Street Parking Lot
By the City Caused of the City of Romano.
ORDERED,
—w THAT the attached written return of the City Engineer on
Lhe laying out of land within the corporate limits for use as public
parking places for motor and other vehicles and for answer installa-
tions, be and hereby is accepted, and it is further
ORDERED, that the land area ee described be established for the
purposes as set forth in the report.
RECEIVED
1961 OCT -4 rA 3:26
CITY CLERKS OFFICE
CITY OF BANGOR. MAINE
IN CITY WMIL
Oct, 9P 1%1
PASSED
004MVic..
• V
239-N --�
O RDAA
Title,
REeort of CPLY. E99Igdei.00.LdY109.09t
of Kant uekq;g,5Li990 Pd;k199.40t....
Introdu0ed end ri by
y�•
Doimoilmen
CITY of BANGOR,
To We City Council:
Pursuant W an order of the City Council, passtd...Aug..-2Ar...1961_#20.$...M.__.. _.
directing the City Engineer to lay MLlead-wi-thin- the--eorporetr-33mi-tee- foY-uaa
aesubiln 2e:ki�lacea fo moto>•eWd...oth¢y,,.yey,plws ens fpr_eneer
installations ,,,-.the City Engineer begs leave to report:
That of his intention to lay out._..wa.iq land --..... .. _-.--__.-- -----
the City Engineer gave writreu notice by notices attached to copies of said order pasted for seven
days prior to the ._.__14.th- day- .of-Sapbwmlaa a_1961________ _._...._-_._..
in two public places in the City of Bangor and in the vicinity of said street, to wit:
One_on--snort:A.0.-.e9.9lda.....C7.SY-HAlI__--.—.-__-_---
Ono on Exchange St. near Washington St.
one --on-zx<n Stn--near--Watar'flta'._.__... .... ... __ __
and also gave notice by causing the same to be published in the BANoost DAILY Naws, Anda n]Ha
ewspaperx printed in said city, for one week prior to the.lI tIl-4t
Sept �.. 1961._. copy of said order and notices, so posted and published, is hereto annexed and
made part of this report.
And that the said City ginitneer met at the time and place of meeting specified in the notices
and proceeded to layout. said land as follows
Page 2
The area along Henduekeag Stream bounded on the east by the
existing cribwork or granite walls; on the south by Washington
Street and Washington Street bridge; on the west by the existing
timber oribwork, granite walls or the vertical projection down-
ward of the outermost projection of any structure which is an
Integral part of a building adjacent to the existing waterway of
Henduekeag Stream, and on the north by Hammond Street, Eenduskeag
Mall and State Street.
The meeting was held on Sept. 14th, 1961 in the Council
Chambers, City Rall, after being duly advertised and each Abutting
property owner was notified by mail of the meeting and invited
to appear at the time and place to speak for or against the pro-
posed Eenduskeag Stream Improvement. The following persons were
present at the meeting:
George Peabody, Attorney, representing property owners
Mrs. Lawrence Cutler, representing Harry H. Epstein
Samuel Hudnan, representing Samuel and Pauline Rudman
Paul W. Higgins, representing Arthur Chapin Company
John W. white, representing Henry S. Coe
Ralph H. Bryant, representing Henry S. Coe
John F. Grant, representing Merrill Trust Co.
Donald J. Emes, representing N. H. Bragg & Sons
Harold Mason, representing Bangor Savings B k
B. C. Smith, representing Dakin Sporting Goods Co.
Paul L. Rudman
Alen H. Waterman, representing Hirsteln Holding Company
John E. Coney, representing Bangor Drug Company
F. Drummond Freese, representing F. D. Freese at as
John A. Vickery, representing Emerson Realty Co.
Thurston C. Vickery, representing Emerson Realty Co.
Albert H. Friedman, representing Eastern Industrlea, Inc.
Milton S. Jellison, representing Eastern Trust & Banking Co.
George S. Ginsberg
Richard F. Doming, representing C. H. Babb & Co.
Edward Groes, Attorney
J. R. Coupal, Jr., City Manager
J. L. MacLeod, City Engineer
Guy T. Levies Assistant City Engineer
Captain Maurice Small, Traffic Division Police Dept.
Abraham Stern, City Solicitor
W. A. G. Snook, Planning Director
Rodney Pdnkhmn, City Planner
The meeting was called to order by the City Engineer and
the Council order authorizing the proceedings was read and the
Purpose of the meeting explained to those present. Most of the
property omers or the representatives of property owners present
raised questions as to the effect this new improvement would have
on their particular property. In each instance, an explanation
was given of exactly what was planned and what the ultimate effect
would be.
Page 3
Assurances were given to those property owners where the
existing ground area is considerably lower than the final or
finished grade of the parking area that drainage inlets would
be provided to prevent ponding of any water on their premises.
It was also explained that where fill slopes will encroach on
the abutting property, the City will went slope easements from
the property owners and where a "grading of the adjacent area
is planned, the City will want a right of entry agreement from
the property owner such that this work can be accomplished with-
out the liability of trespass action. The slope easements and
right of entry agreements are to be prepared by the individual
property owners granting the City the right to carry on this
work.
The question was raised as to whether a slope easement
would be a permanent commitment and assurances were given that
if, at some time in the future, the abutting property owner decided
to improve the property and slope areas were to be removed by the
owner, than the easement would become null and void.
Abutting property owners were assured that if they desired
access to their property from the narking area, that such access
would be made available but that it would be the responsibility
of the Individual owners to determine if and where that access
would beet suit their needs and present it to the City Engineer
for approval. The property owners were also advised that when
such access is granted, a corresponding area on the Exohange
Street or Broad Street aide shall be removed from the loading
and unloading sone and put Into parking apace. Those present
were also cautioned that the loading and unloading of trunks with-
in the parking area itself would not be permitted. Questions were
raised as to what the traffic pattern would be for this now park-
ing ares and they were advised that this traffic pattern hes not
been developed at this time but that access to and from the east-
erly side would be from York, Hancock end Washington Streets and
that the access to and from the westerly or Broad Street side
would be from a new ramp onto Washington Street, Water street
and by the existing alley between Dakin Sporting Goods Company
and Home Radio and Furniture Company building. The legal statue
of this alley was questioned and it was pointed out that the
abutting owners bad not paid taxes on this allay for a number of
years, also the City has a trunk sewer installation in this alley
and, therefore, the assumption has been made that this alley can
be used for either ingress to or egress from the parking area and
appropriate action to establish this alley as a public way will
be taken.
The property owners or their representatives were also
advised that it will be their responsibility to cowect the
existing sewer systema from the premises now discharging into
Hendusksag Strom to the new Interceptor after it has been In-
stalled at their own expense and they were also advised that if
their basements ere inundated now at extreme high tides, this
condition will continue after the Installation has been completed
since the tides will continue to ebb and Maw in the new inter-
ceptor system. It was suggested to the property owners that it
Page 4
would be to their advantage to install tide traps in their san-
itary, connections when these connections are extended to the new
interceptor and thus prevent the flooding of the basement areas.
It was pointed out that the City 1s building a new sewer
in this area and assessments to defray the cost are not to be
levied nor will the property owners be required to pay a sewer
entry fee. Therefore, it is only reasonable and in accordance
with established practice that the owners pay the cost for making
the connection to the sewer and this connection must be made be-
fore the project is completed.
At a similar meeting held on Tuesday, Rovember 15, 1960,
a considerable mmount of discussion ensued in which some of the
property owners felt that damages would result because of the loss
of their inherent rights to the lend in the stream bed between the
existing wharf lines and the ranter of the stream. These wharf
lines were established by appropriate Council action on March 17,
1855, all in accordance with P. & S. L., 18$49 c. 337; P. & S. L.,
1893, a. 397,
"Sec. 1. The City of Bangor is hereby authorized to
determine by their city council how far wharves, piers
and buildings, may be extended into and over the gendue-
keng stream and Penobscot river within the limits of
said city; and they arra hereby authorized to cause all
obstructions of any description existing in or above
said 8enduskeag stream and Penobscot river, not author-
ized by law, to be removed."
Some questions were raised as to what reimbursement property
owners could expect due to damages that would occur to the timber
foundations now in existence and supporting present structures.
It being the contention that the life of these timber foundations
was enhanced due to the tide action whereby these timbers were
kept in a wet condition and that with the construction of the
parking area, this tide action would no longer be effective or
acting on the foundation with the result that the timber founda-
tions would deteriorate much more rapidly. The amount of these
damages, if any, would be a mater of opinion and no attempt was
made at this meeting to determine damages of this nature. It is
the opinion of the City Engineer that the life of timbers buried
in the ground will be equal to the life of timbers exposed to
tide action. Experience over the years has proven this fact when,
on numerous occasions, timbers have been uncovered and found to to
In sound condition even though they have been in the ground for
periods up to one hundred years.
Questions were raised and assurance was given that the water
area as proposed in the development would be sufficient to handle
the flows in the Randuekeag Strom even under extreme conditions,
and that the flooding of the parking area should not be a problem
as far as flows in Rendwakeag Strom were concerned. It was
pointed out that if flood conditions should prevail along the
Penobscot River, than flooding would take place within the limits
of the proposed development.
M
It is the recommendation of the City Engineer that the area
described above and in Council Order #205-w be laid out for use
as public parking places for motor and other vehicles and for
sewer installations, all in accordance with the detail plans as
prepared by Metcalf & Eddy, Consulting Engineers, Boston, Maas.
It is further recommended that no payment for damages, if any,
be allowed for any of the property so taken for the following
reasons:
1. Abutting owners have not had any use of any land beyond
the limits of the existing wharf line since March 17, 1855 when
wharf linea were established.
2. Abutting property owners will be relieved of the expense
of maintaining timber crib walla when this project has been com-
pleted. Present day coat of replacing the crib walla with new
timber walls amounts to approximately one hundred twenty-five
dollars ($125) per foot front.
3• The installation of drain inlets where needed on the
abutting property and the regrading of adjacent areae as well as the
repaving of existing paved areas will all be accomplished as
part of the genduskeag Stream Improvement and at no cost to
the abutting owner.
4. This new development will improve and enhanee the value
of the abutting property to a far greater extent than any damages
which may accrue as a result of the improvement.
It is also recommended that no special assessments he levied
against the abutting property owners due to the Kenduskeag Stream
Improvement.
A complete set of plans together with the contract documents
are on file in the City Engineer's office.
apectful (luy���subm/i/y��oid,
dike% /N!<" i��+rc-
James L. MacLeod
City Engineer
J111:l
KENDUSKEAO STREAM IMPROWIENT AND PARKING AREAS
List of Areas for Rights of Entry and Slope Easements
WEST SIM
Owner Type of Change
Guy 0. & Cecil S. Matthews Ramp to Washington St.
Drain Inlet #1
F. Drummond Freese at ale
Water Street City
Anna E. & Wm. C. Nalictis
Sadye F. Coney
Alley Private
Arthur Chapin Co.
Barney Cooper
N. R. Bragg & Son
F. Drummond Freese at als
Alley Private
N. R. Bragg & Sen
Fill to match existing ground
Drain Inlet k2
Fill area and pave roadway to
Broad St. - Concrete sidewalks both
aides
Fill area adjacent to Water St.
Drain Inlet N3
Fill slopes Fill 3 Ft. {
Chain link fence bask of SW
Fill slope to existing crib
Fill slopes
Fill slopes
Drain Inlet #4
Fill slopes
Fill slopes
Fill slopes
Pill against building
Cut opening through north end of
bldg. at ground level for drainage
2t x 4' opening
Requirements
Right of Entry for Grading
50 Sq. Ft. 1
Right of Entry for Grading
200 Sq. Ft. 3
Match paved area on south side
Right of Entry for Grading
1000 Sq. Ft. }
Slope easement
100 Sq. Ft. F
None
Slope easement 240 Sq.Ft. }
Slope easement 100 Sq.Ft. i
Slope easement 75 Sq -Ft. ;
Slope easement 75 Sq.Ft. i
Slope easement 50 Sq.Ft. #
Right of Entry to cut opening
EENDUSMAG STREAM IMPROVEMENT AND PARKING AREAS
List of Areas for Rights of Entry and Slope Easements
WEST SIZE
Owner
Type of Change
Alley Private
Relay existing sewer
Drain Inlet #5
Slope easement
Fill slopes
R. B. Dunning Co.
Fill against building
3
Special drain under building
George W. Dunning at ale
Fill against building
Special drain under building
Alley Private
Fill slopes
Drain Inlet #6
Utterback Corp.
Fill slopes
Samuel & Pauling Rudnen
Fill elopes & grading
Bangor alley City Relay existing sewer
and pave alley to Broad St.
Everett S. Burd Fill elopes and grading
adjacent to alley
Merrill Trust Co. Fill elopes along parking area
Grading order bay window
Requirements
Slope easement
70
So.
Ft.
3
Right of Entry to install drain
Right of Entry to Install drain
Slope easement 120 Sq. Ft. }
Slope easement 300 Sq. Ft. i
Slope easement 75 Sq. Ft. i
Right of Entry for grading
adjacent to alley 675 Sq. Ft. {
Slope easement 600 Sq. Ft. ;
and right of entry for
grading and drain inlet
Right of Entry for grading
200 Sq. Ft. 4
NENDUSEPAG STREAM IMPROVE ETT AND POKING AREAS
List of Areas for Rights of Entry and Slope Easements
EAST SIDE
Owner Type of Change
Washington St. Alley City New Granite Curbs South Side
Bank Sodded - Roadway Paved
Eirstein Holding Company Drain Inlet #1 under bldg.
Harry Epstein
Nealley Associates, Inc
Nealley Associates, Inc
Lena S. Berger at ala
Henry S. Coe
Automotive Center
Alley - Joint
C. H. Babb Company
Charles Milan
Jacob B. Zitaner Trust
V. B. Realty Co.
George Ginsberg
Fill area where wharf failed
Fill to edge of frame bldg.
Fill rear - brick bldg.
Fill slopes
Drain Inlet #2 on land
Fill slopes
Fill under bldg, to drain
Fill slopes
Fill slopes
Drain Inlet #3 rear bldg.
Fill to meet parking lot
Fill to meet parking Sot
Drain Inlet #4 beside bldg.
Hancock St. City Concrete sidewalks both sides
Roadway paved to Exchange St.
Requirements
Slope easement 210 Sq. Ft. {
Slope easement 300 Sq. Ft. 1
Slope easement 100 Sq. Ft. 4
Slope easement 120 Sq. Ft. {
Slope easement 7$ Sq. Ft. f
Slope easement 100 Sq. Ft.
Slope easement 100 Sq. Ft. 4
Slope easement 120 Sq. Pt, j
Slope easement 200 Sq. Ft. ;
Slope easement 600 Sq. Ft. j
Slope easement 200 Sq. Ft. {
Slope easement 200 Sq. Ft. {
Right to fill 2.$t under bldg.
100 x 25F Slope easement
2$0 Sq. Ft. {
KENDUSAEAG STREAM IMPROVEMENT AND PARKING AREAS
List of Areas for Rights of Entry and Slope Easements
EAST SIM
Owner
Fill against building
Isiah Stetson Devisees
Type of Change
Haynes & Chalmers
Eastern
Industeies�
Inc.
Drain Inlets
#5 &
#6
Henry S. Coe - Bijou
Fill against building
Isiah Stetson Devisees
Drain Inlet #7 and fill under bldg.
Haynes & Chalmers
York St. City
Concrete sidewalks both aides
Two way traffic
Paved to alley
Bangor Savings Bank
Drain Inlet #8
Repave parking lot to meet
grade of York St.
Emerson Realty Co.
Fill slopes to bldg.
Bangor Savings Bank
Repave parking lot to meet
Ueda of new work
Stairway State St. to new Parking
lot adjacent to granite wall
Requirements
Slope easement 1480 Sq. Ft. f
Chain link fence along SW
Hancock St.
Right of Entry for drain
Slope easement 840 Sq. Ft. }
Right of Entry for grading and
paving area 67$ Sq. Ft. {
Slope easement 340 Sq. Ft. l
Right of Entry to Have parking
area. Extend back bout $0 Ft.
NOTICE
Notice is hereby given that in pursuance of an order of the City Council.. --.A 057a. -_
directing the City Engineer to lay eut_Lakd $pg-_p_s„e. ee„publln kind -places
the City Engineer will meet on_Thuna3ag_,_Baptembar..21_
at_10;00 .@.e_M_iEIYPe_ fa the Council Chambers - City Halla Bangor___
and will proceed to lav out Lend_fOr ____ -----------
and determine the damages or benefice any person will sustain by reason thereof and apportion
such demagea or benefits, it a” according to law, upon the lots or parcels of land damaged or
benefited by such laying out
Notice u hereby given to all persona interxsted in the premises to appear at the above men-
tioned base and place of mceting, if they see cause then and there to be heard upon the subject
City Engineer
205-M
Introduced by Councilor Brow, Aug. 28, 1961
• CITY OF BAMOOR
(TITLE.) ORDER, Authorizing the City Engineer to Lay out land for
Parking Purposes - Kenduskeag Stream.
By the City Council of the City of Bangor:
ORDERED,
THAT the City Eoginser, acting for and on behalf of the
Municipal Officers of the City of Bangor, is hereby directed to
lay out land within the corporate limits for use as public park-
ing places for motor and other vehicles and for sewer installa-
tions In accordance with a petition now on file with the Munlcl-
pal Officers and be It further
ORDERED, that said City Engineer, acting for and on behalf of
said Municipal Officers, proceed to give written notice of such
intentions of said Municipal Officers by posting such notices
for seven days In two public places In the City of Bangor and In
the vicinity of the lots of lard more fully described as follows:
The area along Kenduskeag Stream bounded on the east by the
existing orlbwork or granite wells; on the south by Washington
Street and Washington Street bridge; on the west by the existing
timber crlbwork, granite walls or the vertical projection down-
ward of the outermost projection of ary structure which is an
integral part of a building adjacent to the existing waterway of
Kenduekeag Stream, and on the north by Hammond Street, Kendus.
keag Mall and State Street, end the City Engineer is further
ORDERED, to make a written return of said proceedings con-
talning bounds end ad -measurements of the lots and the damages
allowed to each person for all land. and any buildings thereon,
all In accordance with the laws of the State of Maine.
IN CITY WUNCIL
AWuet 289 1%1
PASSED
A true copy, Attest
Bangor, the renter (Maine ---the Gateway as Maine' North Woods and Seashore Raora
(Qitg of Mangos, fflaive
Gentlemen:
September 7s 1961
This letter is to advise you that pursuant to City Council Order
No. 20$ -Rs passed August 28th, 1961 directing the City Engineer to
lay out land for parking places for motor and other vehicles, and for
sewer installations in the Kenduskeag Stream area, a meeting will be
held in the Council Chambers, City Ball, Bangor, on Thursday, Septem-
ber 14th, 1961 at 10:00 A. M.s EOT, for the purpose of laying out this
area and assessing damages and/or benefits resulting from the above
described laying out.
The records Indicate that you are the owner of land abutting
Kanduakeag Stream within the area to be improved. The enclosed list
Includes a brief description of (A) the encroachment area where fill
slopes will be required, or of (B) those parcels where the right of
entry on to the property will be needed during the period of con-
struction for the installation of drainage structures or to deposit
and spread filling or paving material so as to regrade the land to
match the new work.
You or your representative are invited to appear at the time
and place set for the meeting and be heard upon the subject.
Yours truly, e
'oAs
James L. MacLeod
City Engineer
JLN:1
Enc.