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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.