No preview available
HomeMy WebLinkAbout1989-11-13 89-437 ORDERpy Nov. J, 1989 Ilam Mo. X99-4-43] Inm/Subjem: Mobilehome Park Construction Permit - 1101 Essex Street Rapomiblis Oepanmant: Planning Division Commentary: The Planning Board held a public hearing on the above mobilehome .park construction permit at its regular meeting of October 16, 1989. After hearing from the applicant's design team and hearing from two neighbors in the Essex Street area who were opposed to the project the Board continued this item to its next meeting in order to have written recommendations of the Code Enforcement Office and the City Engineer's Office available for their review and to send out a corrected notice of the public hearing to indicate the total number of spaces being applied for. At its meeting on November 6, 1989, the Board reviewed the letters from the Code Enforcement Office and the City Engineer's Office and heard from one of the same Essex Street neighbors who was in opposition to the project. After finding that the project met the specific standards of the mobilehome park ordinance, the Board voted 4 to 1 in favor of a motion to recommend approval of the mobilehome park constr tion permit, Men�� Comnnny: 0,1^.6 rµ^ C1p(p.�i.frri ma�kL vt r .y a h i, 4. `8.� U U °r � ✓yam/Q/u Ci,Y Mem aeomatel mtormatlmn 6 , nwnea !e4 Baden AppmYal. M.A. e.r a, Legal Apprp�N.�y m e, R s ems& sa bt P YtM w Introduce! For ®primps -- _ ❑ First Reeding- Faye_ ot_ ❑ Rebrrat SUBSTITUTE COPY 89-437 Assigned to Councilor CITY OF BANGOR (DIlE.) VHYDECe Approving Mobilehome Park Construction Permit - Essex..... Essex Green Mobile Home Park By Hw City Gossett of W MY OfBanmoo. ORDERED, THAT THAT in accordance with the provisions of Chapter %I, Article 4, Section 1.5, the Bangor City Council hereby grants approval of a Mobilehome Park Construction Permit For Essex Green Mobile Home Park located at 1101 Essex Street. BE IT FURTHER ORDERED, THAT the proposed private sewer system included in the mobile home park construction plan be approved; further, should a plan acceptable to the applicants and the City of Bangor be developed which would allow for sewer service to be provided through an extension of public sewer along Essex Street, such plan is also approved subject to approval of detailed plans and specifications by the City Engineer. 89-43] Amassed to Counadar England, November 13, 1989 CITY OF BANGOR (TITLE.) Construction Permit Essex Green Mobile --------------------------- ................-___. _ ._............ ......... By the GUY Cumeol ofthe COV ofBanyer: 'I]Il l)Nlad l} TH&T in accordance with the provisions of Chapter XZ, Article 4, Section 1.5 the Bangor City Council hereby grants approval of a Mobilehome Park Construction Permit for Essex Green Mobile Nome Park located at 1101 Essex Street. STATEMENT OF FACT: The Mobilehome Ordinance requires that after review by the Director of Code Enforcement and Fire Prevention and the City Engineer, the Planning Board shall hold a public hearing and report its findings to the City Council for final action. IN CITY COUNCIL November 13, 1989 Council determined noonflict for Councilor Sullivan. Amendment Passed. Failed Passage by the following yes and no votes. Councilors voting yes: Cohen, England, Sawyer and Sullivan. Councilors voting no: BaldaccI Blanchette, Saal and Sosmud. Councilor abstaining: Stone. Unanimous vote to continue discussion on the reason for 89-43) O RUER rime, .. APPeavi.$ Mobilebome Paxk Construction Permit Essex Green Mobile Hone Park ..................................... a ��.. Assignd to UUUUUU Councilman o0K#'f]a_10uiG� November 20, 1989 TO: Ruse McKenna, City Clerk PROM: Robert E. Miller, City Solicitor RE: Council Order #89-937 - Essex Green Mobile Home Park Enclosed for filing with the proceedings of the Council's November 13th meeting, please find a Transcript prepared by Terri regarding the above matter. R.R.M. to Enclosure HANSOR CITY COUNCIL MEETING OF NOVEMBER 13, 1989 Monson*Y�i\§IY:]Q+� Council Members Presents Gerard A. Baldacci Patricia A. Blanchette William M. Cohen William L. England W. Tom Sawyer, Chairman Jane W. Saxl Jeffrey Sosnaud Richard 1. Stone Mary E. Sullivan City Staff Present: Edward A. Barrett, City Manager; Robert E. Miller, City Solicitor; Kenneth Gibb, Director of Community & Economic Development; John Lord, Planning Officer; Russell McKenna, City Clerk. The meeting was chaired by W. Tom Sawyer. After introductory remarks, the following business was conducted: NEW BUSINESS (Tape X1 of 3, Side B) Clerk McKenna: Council Order No. 89-347 ^Approving Mobilehome Park Construction Permit - Essex Green Mobile Home Park." Councilor England. Councilor England: Mr. Chairman, can we call on Mr. Gibb to give us a fill-in on this - where we are? Ken Gibb: Mr. Chairman, Ren Gibb, Community & Economic Development. In your packet of information you have a lot of information regarding the Essex Green Mobile Home Park .Construction Permit, including the standards by which mobile home park permits are judged. It is a staff recommendation to the Planning Board was that we believe that the mobile home park as proposed did meet all the requirements of the Ordinance, and we did include lettere recommending approval, Enforending that it did meet Ordinance standards from the Code cement Officer and from the City Engineer's Office, as required by our Ordinance. And therefore the staff did recommend to the Planning Board that the Construction Permit be granted, and the Planning Board did vote accordingly. After the election last week, we did have a referendum regarding public sewer along Essex Street, and therefore in your, in front of you tonight you have a proposed amendment to the Order that would include the language that would allow the possibility of public sewer being -Y- extended rather than the private sewer as proposed. We want to emphasize that we're recommending that the proposed private newer system included in the plane that are before you tonight be approved. However, further should a plan acceptable to the applicants and the City of Bangor be developed which would allow sewer service to be provided through an extension of public sewer along Essex Street, that plan would also be approved subject to detailed plan approval and specifications by the City Engineer. Basically what that allows is the option, If we can work out a suitable and acceptable public asset arrangement with the applicants that meets our standards, that we could proceed along those lines without going back through the entire approval process in the future. So it gives us options to go with the Privets Baser or the public sewer at some point in the future. We think this would be, is a common sense approach to the situation and would give us the flexibility that we could have further discussions with the developers. Chairman Sawver: You have circulated the proposed staff amendment or the staff proposed amendment? Ken Gibb: Yes. In pencil 89-437 on the left hand side of the page. Chairman Sawver: nny questions of Mr. Gibb? Councilor Sullivan. Councilor Sullivan: Yee, Mr. Gibb. I presume that the developers have met with You or you have met with them and they are in agreement that such an approval tonight for instance with the private sewer approval and then subsequently if arrangements or plana satisfactory to both parties could be worked with the public sewer, which would be preference, preferred, right. Ken Gibb: We would like to certainly investigate it strongly because we think there is some public benefit but again we are approving, recommending approval with the private sewer with the option to work on potential public sewer arrangements. We have discussed it with the applicants and I believe they're in agreement with that option and this approach to the issue. Councilor Sullivan: Thank you. Ken Gibb: I believe they may have some comments if you'd like to call upon them if there is any questions. Chairman Sawyer: Councilor Blanchette. Councilor Blanchette: Yea, Mr. Chair. Through you to the City Solicitor I would like to have him give us his expert opinion on how we should handle this in reference to the law case that's pending in Superior Court on this very development. Whether we are within our rights to vote to approve this, or whether we should postpone this until after it's gone through court. Robert Miller: The applicants have received special exception and site plan approval. There is a challenge pending in the Superior Court -3 - seeking a reversal of that approval. The opponents to the Park have not sought a stay of that approval and so you have a situation where it is, ineffect at this point, is subject to a reversal if the Superior Court feels that the Planning Board acted inappropriately in granting the approval. There's nothing that I can see that would prevent you from authorising the issuance of the Construction Permit at this point in time. I think as a practical matter that this matter will not be, this Park will not be constructed until the litigation is taken care of, although I don't know what the plana of the developers are in that regard. But the, there's nothing to prevent you from approving this permit at this Lime if you ac desire. I guess that's all I have to say. we are waiting for a hearing date and were advised a month or so ago that it would be heard in November. November is not over yet but we still don't have a date so I don't know, but I expect it will be heard fairly soon. Councilor Blanchette: Thank you. Chairman Sawver: Councilor Earl, did you have your hand up? Councilor Saxl, I was concerned about that as well. And the road profile, there's a letter here to you from Walter Luro on road tiles, and road tiles are not in accordance with the Ordinances? John Lord: Mat's been superseded. Councilor East: Pardon? John Lord: This letter's been superseded by another letter from Engineering. Councilor Saxl: I see. Thank you. Do we have that letter? Chairman Sawver: Councilor England. Councilor England: Nr. Chair. To move things along, can I move that 89-437 be amended as the amendment has been circulated to the Council. Councilor Sosnaud: Second. Chairman Seaver: It has been moved and seconded. That motion is a vote unless doubted. Councilor England. Councilor England: Nr. Chairman, I move that 89-437 be passed by substitution, as emended. Chairman Sawver: The amendment would be passed by substitution. Councilor England: Yea. Chairman Sawyer: we're not voting on the main motion. -4 - Councilor England: Yes we are now. Robert Miller: Yes you are now. Okay, that would be on that. Councilor England: Is there a second to my motion? I.11 second it. Chairman Sawyer: It's been moved and seconded to approve Council Order 89-437. Councilor Blanchette: Doubted. Chairman Sawyer: Alright. Councilor Baldacci. Councilor Baldacci: I would, just for my clarification, what is the replacement language going to, is this what we're voting on at this point? What are we voting on at this point? Councilor Enaland: This. Councilor Baldacci: This one. So the one in the book doesn't matter. Councilor Enaland: That's right. Chairman Sewers Correct. Councilor Baldacci: Okay. Chairman Sawyer: My further discussion on the motion to approve 89-437 --- Councilor $exit We're voting on the amendment? : No. Chairman Sawyer: I've been advised that we are voting on the amended motion Councilor England: That's right. Councilor Saxl: which is to, so I don't think that Councilor Baldacci understands that. That we are voting to grant a --- Councilor England: That's right. Councilor Saxl: -- a permit -- Councilor Blanchette: -- a construction permit. Councilor Saxl: A construction permit. I think there's a great deal that's pending here that hasn't been decided yet -5 - Councilor Seal: Do you want to see about a sewer, public sewer. we have a law case here. I personally will not be voting in favor of granting the permit. Chairman Sawver: I'm sorry, Councilor Baldacci. Councilor Baldacci: Yes thank you Mr. Chairman. what I wanted to make sure at first is what, what was, what we were voting on. I do hope that there is still an opportunity for discussion on the amended version of the, approving the mobile home park. Chairman Sawyer: Okay. Mr. Miller advised me that the motion on the floor was to approve the amended motion. I again would ask --- Robert Millerx Councilor England moved, it was seconded, to amend it by substitution or to amend it as proposed by the staff. This is the sheet that you received here. Right. Robert Miller: This particular item is the same as the original 89-437 except it has a second paragraph added to it which provides for the public and private sewer option. Okay. Councilor Baldacci: Excuse me, there's no statement of the facts with this -- Robert Miller: Right. Councilor Baldacci: -- with this one either. Robert Miller: Right, okay, there is a cover sheet okay that gives you the factual basis for this. The intent of the staff was to, the body of the order would be these two paragraphs and that's what, that is what the form of this as before you. It has since been moved by Councilor England and seconded, that this item as amended be passed. And that's where I understand we are now. Okay. (end of tape) (Tape R2 of 3, Side A) Chairman Sawyer: we had more conversation. Councilor Baldacci. Councilor Baldacci: What I would like to point out is if it opportunity to discuss this approval of the mobile home park is, I do, is Mr. Gibb still available for discussion? In my review of the information there was no discussion about the traffic impact on what these units would generate as far as traffic, increased traffic flow on -Essex Street and I would like you to respond to that, number 1. Ren Gibb: Council Chair. We have a couple of items we need to review perhaps and probably we should have done earlier. First of all, the mobile home park was approved fn early 19 -- earlier this year by the -6 - Planning Board as a special exception Agricultural Zone. It was approved and the Planning Board at that time determined it met all the standards for the special axception which included the analysis of the traffic situation. At this point in the process where I guess we're beyond the land use decision and whether it's appropriate land use for that location. Now we're into the specifics of the mobile home Park construction plans. And in your packet information we provided a detailed list of requirements that governs the review of this proposal and it looks at issues such as lot sive, setbacks, screening, recreation areas, and all the things that go into a mobile home park Permit. So it gives, in our estimation from a policy standpoint and a legal standpoint, we're beyond the traffic situation and we're into reviewing the specifics of the Mobile Home Park Permit and whether it meets the specific requirements of our Ordinances regarding their development. Councilor Baldacci: Okay. i appreciate you indulging me as a rookie Councilor. I do have another question for you though. Hen Gibb! Sure. Councilor Baldacci: Number two, is, if I'm to understand you correctly, we are going to allow the developers the option as far as the sewer line goes? Whether or not to go through Mr. Walsh's property or whether or not to hook up to a, the Sewer extension if that does become available. Hen Gibb: We're recommending that the permit be approved as submitted, which is the private sewer through Mr. Walsh's mobile home Park, with the option that if we were able to work out a suitable arrangement for Public sewer along Essex Street that would be Part of the approval tonight. It's giving us an option in the future for future discussions, but please keep in mind that the Planning staff, Code Enforcement, Engineering, along with the Planning Board, are recommending the approval of the private sewer as proposed in the plans. We're adding this on as a potential option for future discussion. Councilor Baldacci: And one last thing,. because I appreciate you spending time to get me up to speed on this one. What i, did the Planning Board approve, which version did they approve? The sewer through Mr. Walsh's property or the extension of the City sewer? Hen Gibb: The Planning Board recommended approval of the private sewer extension through Mr. Walsh's property. Again, the option for public sewer became available after the election on Tuesday, and what we're trying to do is take a common sense approach to this if there's a possibility of public sewer weld like to pursue it but we feel that it's appropriate to take action tonight on this issue cause it's been a long time and we feel they've met the requirements of the Ordinance. Councilor Baldacci: Thank you. Chairman Sawver: Any other questions of Mr. Gibb? Councilor Cohen _?_ Councilor Cohen: Mr. Chairman, I'm not sure if this is for Mr. Gibb or for city Solicitor. The question basically is, given that we were working previously with a referendum hanging there and now that's what, what all has transpired, does the City have any legal way to request or impose public sewer on this particular project, or are we kind of you know at their choice? Chairman Sawvar: Mr. Miller? Robert Miller: The project has received all of the approvals required of it by the Planning Bund with a private sewer. It previously received these approvals with a public swear when that was being, was a part of the development proposal. At this point it would appear to me that the, that basically the developer has the option of going either way and that, and both approaches have received all the technical reviews and approvals. So that there is, there may be some good arguments which can be put forward to encourage the developer to go the public sewer route but they have met the requirements and obtained the approvals by the Planning ward of a private sewer. The Council is in somewhat of a unique role here. Normally you don't approve building permits and normally, but our Ordinance was amended several yeas ago to provide the Council as a final step in the constructionpermit process, and that's why it's before you. Normally permits, building permits, construction permits of other types are approved by the Building Inspector and by the Planning Board and 90 forth. So it's not a, it's a little bit of an unusual situation that you find yourself in tonight and the Ordinance has been provided to you as a part of your package, it sets the criteria, sets forth the criteria, and you have to make a judgment whether the criteria are being met. If you feel the criteria are being met with the project then you have an obligation in my view to approve the issuance of the permit. Chairman Sawyer: Councilor England. Councilor Enaland: Yes, a question for the Solicitor. Is this one of those occasions where w1re dealing with an action of the Planning Board that the majority of 5 has to go to 6? Robert Miller: No, no. Councilor England: It's not. Chairman Sawver: Anyone from the audience? I'm sorry. Councilor Blanchette. Councilor Blanchette: No. Mr. Chair, I just want to bring out. I think w all aware that Councilor Stone is a partner in this development and i would like it to officially go on the record that Councilor Stone is going to abstain from voting on this. It hasn't been mentioned tonight. Councilor Stone: I hadn't planned to -a - Councilor Blanchette: -- but I just want it part of the record Richard. Chairman Sewer: Thank you. Anyone from the audience wishing to speak? Nicholas Bromine: Mr. Chairman, members of the City Council, I'm Nicholas Brountas and I'm here on behalf of Essex Green Partners. I don't want to belabor the point because most of you are familiar with this project. We've lived with it for almost a year, but I would like to, come to clarify, although I think that Mr. Gibb has pointed out exactly what the background is. But in view of some of the questions that have been raised by Councilor Baldacci and Councilor Cohen, and others, that first the matter of the use of this particular land for mobile home park has been settled. it,a taken care of. As far as site plan is concerned, that has been approved. This is simply the third stage in the development Of this project. The criteria are primarily technical and engineering. They have subjected to very critical rigid scrutiny by the Planning staff, and by the Planning Board, and approval has been recommended to this body. I would suggest first that the developers have put a great deal of effort into making this a good project, in establishing standards and criteria that far exceed the minimal for both zoning, site plan and mobile home construction permit requirements. Number one. Number two, at a time when we thought of putting, tying into the public sewer, we were prepared to go the cost. we've been fought all the way on this project. We bad two full-scale public hearings before the Planning Board in which we presented very detailed testimony by engineers, by planners, by traffic experts and the like. It's true, as Counselor Miller has pointed out, we are in Court. But as he also pointed out, there is no stay and therefore it is my opinion that the fact that weaa in Court cannot be used as a standard for denying this application. If that were to be used as a standard, than you would be Bring outside the purview of the Ordinance. Also my opinion that you've got to stay within the purview of the Ordinance. you've got to look at the standards and you can't apply what you deem to be your own standards cause if you do then you are being arbitrary and unreasonable. Number one. If you think that within the Ordinance you can apply standards other than those specifically stated there, and that Ordinance indeed provides, permits you to do that, then the Ordinance itself is unconstitutional. What I'm trying to simply clarify is that at this stage of the proceeding, after almost one year, we have reached the paint where we're talking about the specific engineering and technical requirements. And the approval of the City Engineer, the approval of the Planning staff looking at the space so to speak. We are not talking about whether this is the appropriate place for a mobile home Park. We're not talking about whether or not the site plan is appropriate. What we're talking about is the technical requirements. ME We're not talking about whether or not there should be a delay because the suit is pending. We still have another stage. we've got to meet the DEP requirements. I would hopefully feel that, at this point, that the Council will look at the Ordinance, strictly apply it, and give us the opportunity to move forward. Thank you very much. Chairman Sawyer: Anyone else from the audience wishing to Speak? Any more discussion by the Council? Mr. Miller. Robert Miller: A couple things. One is that I would like to have it noted on the record, that I'd like to have you just note it, that Councilor Stone has been excused previously in all votes dealing with this matter and that his vote will be counted as an abstention. Secondly, the, Councilor Sullivan has asked that I give her an opinion as to whether i feel She is ineligible to vote due to a possible conflict of interest and, arising out of the fact that Richard Campbell, who is one of the partners in Essex Green Partners, happens to be a member of the newly elected, as I understand it, member of the Board of Trustees for John Bapst High School which Mrs. Sullivan teaches at. There Is a possible relationship inasmuch as the Trustees do as I understand it annually vote on the Salary scale for teachers teaching in the John Bapst school system. In my view, this does not constitute a conflict of interest situation. Councilor Sullivan doesn't have any financial interest in the outcome of this ESS6x Green project and the relationship of Mr. Campbell to her personal Situation I think is remote enough so that it does not create a conflict situation as defined under our Code of Ethics for the Council. So in my view she does have the right to vote in this particular matter. Chairman Sawver: Any further discussion by Council? There has been a motion made and seconded, and doubted. I would ask the Clerk to call the tell on 89-437. Councilor Enalandz As amended. Clerk McKenna: Councilor Sullivan. Councilor Sullivan: I'm sorry. Chairman Sawver: I'm sorry. we, I'm calling for the --- Councilor Sawyer: I understand what you're doing but Councilor Seal just indicated to me she thought that the Council makes the decision on whether a Councilor has a conflict, not the City Solicitor. So I woultl like to. She's right. Councilor Sullivan: So I would like to defer to her. Chairman Sawyer: That's fine. Councilor Earl: You're moving this meeting along at such a nice speed. Chairman Sawver: I'll try to slow down. -30 - Councilor Sari: That we haven't had a chance, you know, the thought didn't, didn't have a chance to consider this and i think normally in the past the Council has made the decision as to whether there's a conflict of interest there and I'm not certain that it's necessarily conflict of interest. I think that perhaps there's another term for it and I don't have all those various kinds of interest situations that e has before you, but the question is whether it impedes Councilor Sullivan's vote or not and her lack of comfort in the voting situation. And since she raised this possibility I think that perhaps you're indicatig that. Is that correct? Councilor Sullivan: Whether I'm comfortable or not comfortable voting? Councilor Saxl: Yee. Councilor Sullivan: No I don't, I mean, I guess the feeling that I have is that Mr. Campbell is one of I think 15 or 16 members of the Board, and the Board at you know large votes on the, on a scale not individual teachers salaries, but a scale for teachers. He w newly appointed. And as I w sitting here it suddenly dawned on mea I hadn't thought of it before, but it dawned on me that he is on that Board so I asked the City Solicitor whether or not he felt there was a conflict. Councilor Saxl: But he will not be doing your Individual evaluation. Councilor Sullivan: He does not do my individual --- Councilor Saxlt Or setting Your individual salary? Councilor Sullivan: No, it's done on a scale basis set by steps and Years of experience and so forth, but they do approve if the scale is changed, but it will be everybodies, it wouldn't be just mine. So that's why, but I did want to make it known to the City Solicitor so he could raise the question. Councilor England: why don't we vote? Chairman Sawyer: Yes. How about a show of hands. Those feeling that Councilor Sullivan may vote on this issue raise their hand please. Councilor Sullivan Thank you. Chairman Sawyer: Those, was that everybody? I'm sorry. Those opposed. Then Councilor Sullivan may vote. Oh, Yeah, Councilor Stone abstained. Now we have moved, doubted, seconded and doubted 89-437 as amended. Unless there's any further discussion, r'll ask for the Clerk to call the roll. Clerk McRnna: Councilor Sullivan. Councilor Sullivan: Yes. -11- Clerk McKenna: SOanaud. Councilor Sosnaud: No. Clerk McKenna: Saxl. Councilor Saxl: No. Clerk McKenna: Sawyer. Councilor Sawyer: Yea. Clerk McKenna: England. Councilor England: Yea. Clerk McKenna: Cohen. Councilor Cohen: Yea. Clerk McKenna: Blanchette. Councilor Blanchette! No. Clerk McKenna: Baldacci. Councilor Baldacci: No. Clerk McKenna! I have 4 yea, 4 no, 1 abstained Chairman Sawver: I think that means that Counselor Miller, counsel, I think that means that the motion fails. Robert Miller! it's a negative vote. On a vote to passage it's a, it fails, you're right. And now there's one thing I'd like to have, will need to have clarified at some point. If you deny a permit, we have to give, make findings of fact and reasons for the denial. And it will be important before we complete this process to develop those and I, what I propose to do is to,I guess I would like to have the Council indicate the reasons why they have voted on this, the reasons for denial using the criteria of the Ordinance. I'm sorry I didn't mention this earlier but I just, it's that we have to develop that and it will have to be adopted by the Council before your action in this matter IS completed. We can do that at a later meeting or whatever but I just, we will need to do that before the process Is completed. Chairman Sawyer! What's the Council's pleasure? Councilor Sullivan Councilor Sullivan: I would move that we complete the process now Second. Chairman Sawyer: Moved and seconded to complete that process now. That's a vote unless doubted. That motion passes -12 - Chairman Sawyer: Kr. Miller, you indicate that there are certain guidelines within the Ordinance. Councilor Burl. Councilor Saxl, Yee, I request a 10 minute break. Chairman Sawver: Is that seconded? , Seconded Chairman Sawver, That's a vote for a 10 -minute break unless doubted. Ten minutes we'll meet here at -- just shortly ---- (recess) Chairman Sawyer: Mr. Killer has some comments that he'd like to share. Robert Killer: During the break, Councilor Sosnaud and several others asked me if they could speak to me a minute about this issue of reasons and so forth. So several of them came into my office and others Came in later and so forth. I'd just like to clarify a couple of things for the record. The reason for the reasons in this particular situation arises out of the provisions of Title 1, Section 407, which is part of our "Right -to -Know Act" law, which says: "Every agency shall make a written record of every decision involving the conditional approval or denial of an application, license, certificate or other type of permit. The agency shall set forth in the record the reason or reasons for its decision and make findings of fact in writing sufficient to appraise the applicant and any interested member of the public of the basis for the decision. A written record or a copy thereof shall be kept by the agency and made available to any interested member of the public who may wish to review it." These proceedings are being recorded. I would suggest that after this is over that we will make arrangements to have a stenographer take down the discussion here so that there is an indication on the record of the reasons for the negative vote. Now for purposes of the discussion just so there isn't any question in anybody's mind that we were meeting behind closed doors for purposes of avoiding the spirit and intent of the 'right to know" law, members of the Council expressed interest in denying the application based upon issues relating to the requirement for a sewer service and because of the pending litigation antl whether that would have any impact on the proposed use, because if the litigation obviously is successful then the applicant will not have complied with the requirements of our Zoning Ordinance which requires as a condition that you obtain special exception approval. Also our Zoning Ordinance under the special exception criteria does require that there be a showing of sewer service to this, to any proposed project from the public sewer of the City of Bangor. And the question arose as to what provisions of our Mobile Rome Park Ordinance these types of issues would arise under, and I pointed out to the, to Councilor Soanaud and others who were interested in the issue, that they, that those kinds of considerations would come up under Subsection 1.1, Section 1, Article 5 of the City's Nubile Rome ordinance, which states specifically that mobile home parka may be authorized for development only in such locations as provided in -13 - the Zoning Ordinance of the City of Bangor. There are other criteria that relate to the sewer issue, but that seemed to be the appropriate one as far as the pending litigation issue is concerned. So i just anted to make it clear that we weren't trying to do anything behind closed doors that would avoid public disclosure of what was going on. Chairman Sawyer: Mr. Miller, would you recommend that we poll those voting in the negative? Robert Miller: I would suggest that you give than an opportunity to express on the record the reasons for voting against this project. Nicholas Brountas: Mr. Chairman? Point of order. I would like, again Nicholas executes speaking on behalf of Essex Green Partners. I would like again spread upon the record the fact that the four no votes left the Chambers, went into private session without having the meeting adjourned, and with all due deference to the City Solicitor I think that that was a violation of some statute, whether you call it right to know or not. But there was nadjournment. There was a departure by the four no votes to discuss presumably reasons that they want to set forth for denying this application. I just want that as a matter of record. Chairman Sawver: Would any of the negative voters like to go first, or I could poll Councilor Soanaud. Councilor Scanned: Mr. Chairman I was prior to thin unaware that we would have to voice some reasons but I'm happy to, I'm happy to do so. An was pointed out earlier during the discussion on this Ordinance, Councilor Saxl, Councilor Blanchette voiced concerns regarding the pending lawsuits and those are my concerns as well. As you've pointed out, as the City Solicitor has pointed out, under our Ordinances, Chapter %I, Article 5, Section 1.1 mobile home parka may be authorized for development only in such locations as provided for in the Zoning Ordinance of the City of Bangor. An we all know this comes to us via a special exception to our Agricultural Zone. Whether that special exception was properly granted In new the subject of a lawsuit in the Superior Court. It's conceivable that in fact the Superior Court would determine that in fact that special exception was not properly granted, in which case Section 1.1 would not be complied with. Based on that pending lawsuit i did not feel in good conscience that i could go forward and vote for this construction permit at this time. Su that essentially sums up my rationale. Chairman Sower: Councilor Blanchette. Councilor Blanchette: Yee Madam, Madam Chair excuse me --- Chairman Bawer: It's alright. I wear a kilt once in a while. Councilor Blanchette: Mr. Chair, I also found myself. I'm in a position. I don't want to atop the construction of this mobile home park, and as I suggested to some of my fellow Councilors? I would be -14 - perfectly comfortable with putting this, postponing this until the next regular meeting of the Council until maybe City staff can talk with the applicants about hooking up to City sewer. I think it's very, very important that when you're going to propose a 177 unite and it's going to be funneled through someone's private sewer system that we're asking for trouble somewhere down the line. I think with this amendment that we have passed tonight to this Order I would really like to see City staff and the developers talk about this, and I think probably in two weeks time we might have a date when this was going to go to Court. I'm uncomfortable with the City acting on something like this with litigation pending in the Court, and the City Solicitor has stated that they were going to set a date for sometime in November. This is only the 13th of November, so I think we should maybe wait until the Court has decided whether this is legal or not. I'm just, the sewer I think bothers me worse than anything because I really have a problem with 144 units, private homes, pumping sewer through a private sewer line and 10 years down the line it breaks down and what do we have but the same situation we have at another trailer park in the City. Chairman Sawyer: Any other Councilor wishing to speak? Councilor Seal. Councilor Saxl: what i said before stands. It seemed to me that there were these pending issues and that one ought to wait for granting permit until those issues were resolved. Chairman Sawyer: Councilor Baldacci. Councilor Baldacci: Thank you Mr. Chairman. I would only like to amplify what Councilor Blanchette has already said regarding the public I thick under Section 1.1 of the development requirements I do think that we're, we should require the developer to obtain public sewer for the development. And again I agree wholeheartedly with Councilor Blanchette that I at this point I'm just looking to the requirement (someone coughed) want to be an obstacle to development, I just wanted to see that it's carried out in the best interest of the citizens. Thankyou. Chairman Sawyer: Thank you. Having been at thisjob for not quite hours I'd like to observe that Mr. Miller is an employee of the Council and I think, in my view, it's entirely appropriate that when a member of the Council asks Mr. Miller for information that he has every obligation to provide that. A vote was taken and it's my understanding that then we proceed to the next Council order.. Clerk Museums: 89-438 Order, authorizing changes v 0 Bangor, the center of Janne-the Gateway to Maines Nora Woods and Seashore Resorb -� December 11, 1989 Essex Green Partnership 22 Merchants Plaza Bangor. Maine 04401 Gentlemen: Your Mobile Home Park Construction Permit was denied on November 13, 1989 - Council Order 89-437. The vote was as follows: 4 Yes and 4 No. One vote abstaining, due to Conflict of Interest. A copy of the Council Order is attached. Reasons given for denial were previously sent to you in a transcript of the meeting. Very truly yours. Russell S. McKenna City Clerk RJM/df 89-43] Item No. 2, Mobilehome Park Construction Permit - 1101 Esse Street - Essex Green Partners a. This item was continued at the Board's last meeting to allow the Code Enforcement Office time to make a written recommen- dation and to clarify the number units Proposed in the pub- lic notice as recommended by the City Solicitor. b. Staff would note that the Code Office has provided a written recommendation to the Board and City Council. The Planning Staff wbuld refer to the memorandum from the Board's previ- ous which addresses the specifics of the Mobilehome Park Ordinance requirements. C. There was m concern raised at the last meeting as to what latitudetheBoardhas in making its recommendation to the Council On a Mobilehome park construction permit. The Ordi- nance sets out specific design standards for applicants to f011ow.11ot s screening, setbacks etc.;. Similar to site plan review, i w,theOrdinance does Provide for the Planning Board to exercise its Judgement o ergus elements; street and traffic improvements, recreation areas, location and type, lotting arrangement, screening etc. d. The Planning Office, City Eng1poer's office, and the Code Enforcement Office have all reviewed the plans and find them ,n conformance with the Mobile Home ordinance. Staff would "command the Board make a positive recommendation t0 the City Council. 89-437 CITY OF RANGOE, MAINE Engineering Department FROM .. - -duly 13. 1989 To: David Gould, planning Division Trans: Walter Lure subject: Essex Green This office has reviewed drawings as submitted by the Ames Corporation for a proposed residential development on Essex Street called Essex Green. Road profiles indicate grades of 7% and 30% which are in excess of City ordinances. Hwever, in view of the fact that the steeper grades are rat particularly long and de not o at street intersections, and that a 15 MPH speed limit is proposed[ this office has to objection to the grades as proposed. The sanitary sweet system as proposed appears to be feasible /Lk W.H.L. 89-437 CITY of « �AINE PANKMR. MAINE 04401 CODE ENFORCEMENT B FIRE PREVENTION awreoav Thane E. SffaII; Dlwnuf Nenry SMntonio. Deputy Dimwr Date October 17,1989. 1b, the PlatmiP Earl Front 11xTvae sna11. Diretnr S41bj; Easex Green t+ebile Hooe Park This ie tO confirm tlk}t the application for coetructioh, arc] tfIC Plans for that Essex Green Mobile Home Park Lave been reviewed by - this office, and it has b determined that there wase NO dis- crepancies fowl witle all applicable codes and standards for mtewrccion Of tltis Prolect. Thaias E. 3rm11 Director fide Eltfeeal2nt 6 Plr¢ PYCJ¢ntion INN 89-43) CB8810T1 APPLICATION FOR MOBILE HOME PARK CONSTRUCTION PERMIT Tire undersigned hereby applies for an originabextereion (circle one) permit to eonetructlalter( expand (eimle one) a Mobile Home Pads in the City of Bangor. Location of Moble Home Park 1101 Ps== Asa mor's map and lot No. Hap R47, R53, R54 }gt S. 6 Applicant's name and addreq ESBex Green PB s, C/O Richard Ade, 22 Merchants Plaza, Rentor. M 04401 Tel, No. 947_31 Property owom s name and addreas TeL No. Engineer's at Architect's name and address Ams Ceirracrati Do, Ban9or, HE 04401 --- Tel. No. Number of unite proposed —ITT Gtimated cwt of work Brief description of wads m comment mltiphese res;deirciel mmMnity cmtainiru: 177 rountiftectured !d]b1L Application must be accompanied bys Proof of Ownership NO LOTS MAY DE OCCUPIED Tbm (3) copies of plane UNLESS A SEPARATE TEMPORARY OCCUPANCY PER IS ISSUED Permit roe (3100.00) Date, -Derr 13 8d f y, - �. For City Use Only: $igmnurc of Applicant Zoning and Code Enforcement Officer Health Officer Engineering Officer Public City Council MOBILE HOME PARK CONSTRUCTION PERMIT Permit No. C6881071 FSSex Eileen Pal'G1erg xnne U hereby Sainres an orlDneVn¢mion (drtk anel Factor ra eomorvctaingvxpmd (eircle Mai the PIT mit aobile hate "010 Mobile Home Not it 1101 Comes b (,,acA in accordance with plana &red 0=eaaber 13, 1988 NO DOTS MAY BE OCCUPIED UNLESS A SEPARATE TEMPORARY This Sector shill be sand firm.umA. OCCUPANCY PERMIT IS ISSUED. ti rynnoriaunxeq Iunce+wnoneq ry Oick Erring Officer 89-43] The following list of oeople are associated with: Essex 'Green Partners Brian Ames " Richard 'Ade "-----" Richard Campbell Richard Stone "' "' 89-437 CHNp %T MfICLE 4 - PEm4TTS AND LICENSES Sec. 1 Construction Pemit. No person, firm Or Corporation shall construct a new nubile house park Or alter or expend an axistivg mobile here park unless such person shall first obtain a Pamir for won purpose, as folloo: - 1.1 Application shall be made to the Director of Code Enforcement and Fire Prevention for a "Mbile Home lark Construction i9mit." 1.2 The applicant shall file with the application proof of Ownership of the premises or of a lease or written pemission- frau the owner. 1.3 The applicant shall file with the application three copies of Piano of the proposed mobile Ione park, drawn to a scale of not I more than 100 feet to the inch, showing the following information:infontion� 1.3.1 Names) and address(es) of owner, and applicant, 1.3.2 The area and dimensions of the tract of land, inclWLg ® contours at an interval of no more than 5 feet. Min infomatiO shall be derived or approved by a registered land surveyor. 1.3.3 The nwmer, location, size and shape of all mobile bare lots and the locations of mbile bare stands on each lot. 1.3.4 The location, site and use of any existing or propowd buildings. 1.3.5 The names of abutting property owners. 1.3.6 The location and width of rights-of-way, street pavements, and walkways. 1.3.7 The location of water, sewer, gas and other utility lines and the location and typo of sewage and refuse disposal facilities. 1.3.8 The results of soil percolation tests made in a repre- sentat18e manner by a registered engineer. where Public sewer available this requirement shall be, waivej. 1.3.9 Location and types of landscaping, as required under Article 5, Sec. 1.11 of this ordinance. ® 1.3.10 location and types of recreation areas. -4- ® 1.4 The plan accanpanying the application for such permit shall be reviewed by the Director of Code Oiforcene t and Fire Prevention and the City Engineer. These officials shall review the Proposal for compliance with the requirements of this ordinance and other applicable City ordinances and shall report their findings in a recmmendetion, through the Planning a a d, to the City Council. 1.5 With due consideration to the recOntsdations of the Director of Cade Enforcement aha Fire Prevention and the City Engineer, the Planning Beard shall review the Proposal in order to determine the suitability of the site and the adequacy of the design and arrameent of lots, streets, walkways, street lighting, recrea- tion and off-street parking facilities, landscaping andthe utilities as required under Article 6 of this Ordinance. the Boned shall told a public hearing on the proposal not less than ten (10) days after notice of such hearing has been published in of general circulation in the City of Bangor. The Enewspaper 8 and shall then report its findings (tOpether with copies of the Ma[ioria of the Director of Coda enforcenenc and Fire I Preva Prevention and the City engineer) in a recomendatio to the City Council, where final action will be taken on the application. 1.6 Me fee for a Stbile Homo Park Construction Permit shall ha the Hundred ($300.00) Dollars. Such strait shall he issued for an initial period of twenty-four (24) months from the date of Qissuance. At the end Of such period, if the construction has not been completed, the applicant may obtain an extension of said permit for a period of twelve (12) months. Thereafter, the applicant may continue to obtain extensions of twelve (12) moths each until the project is completed. All extensions shall he Obtained from the Director of Code Mforoonent and Fire Prevention, and shall he subject to the following: 1.6.1 At least thirty (30) days prior to the expiration of the original Permit, or any extension thereof, the applicant may make written application to the Director Of Code Enforcement and Fire Prevention for a permit extension. Me application shall include such information as may be required by the Director of Code Enforcement and Fire Prevention for purposes of insuring that the project conforms with all local eequirwents, and shall also Include a statement by the applicant indicating the current status of the project. Such statement shall include an estimated date for the project oopletion. 1.6.2 upon receipt of such written application, the Director of Code Enforcement andira, Prevention shall notify in writing the City Council and the Planning Stand, shall post notice thereof in the lobby of City Hall, and shall Publish notice thereof once in a newspaper of general circulation in the City of Bangor. W extension of a Construction peemit shall be issued until fifteen (151 days after such newspaper publicatto. _y 1.6.3 she Director of Cade Enforcauent and Fire Prevention shall personally inspect the development and review all a+ments received. If he determines that the project is being constructed in mipliance with previously approved plans and under all requix pants of the Onlinances of the City of Bangor, he shall grant the extension application. if he determines that the project is not being crnstructed in ==Mane with said plans or with any requirements under the Ordinances of the City of Imp , be shall deny the extension application and shall notify the applicant In writing Of his decision in a nenner provided by law. Witten erotica Of all actions of the Director of Cade Enforcement and Fire Prevention, either granting or denying the extensions, Mall too given to the City Council andthe Planning Board, the Director of Cade Enforcement and Fire Prevention shall also past notice of his decision in the lobby of City Hall for thirty (30) days. 1.6.4 A fee of One Hundred] 15100.00) Collars Mall be paid by the I applicant before any construction permit extension shall be granted pursuant to this ordinance. fiat. 2 operator's License, mo perces, fine Or corporation Mall Operate or maintain a Nubile Mme park unless such person, Mira, or corporation Mall first obtain a license for such purposes, ® as foliose: 2.1 Application Mall be male annually before the first day of January to the City Clerk for a "License to Operate and maintain a Nubile Horn Park," 2.2 The applicant shall file, win rhe application, proof of Ownership of the prenlses or of a lease orwritten permission frac the owner. 2.3 'she City Clerk Mall not issue or renew each license until written certification or approval has been received Erase the Oirector of Wda EnEorceteat eel Fire Prevention stating that the mobile bane park meets all requirements of all City Ordimnoes. The City Clerk shall post notice of the issuance thirty (30) days. or removal of said licenses in the lobby of City Hall for 2.4 The fee for a License to Operate and maintain a Hobile None Park shall be in accordance with the following schedule: less than 25 mobile bane lots $ 50.00 25 to 99 mobile pace lots 100.00 100 to 199 nubile hone lots 200.00 200 to 299 mobile bane lots 300.00 f ' 300 or more eshile hate lots 400.00 fY -6- L3 Sec. 3 Temmn[ary Creupeney permit. wcowi Netandtng the requirements of V Section 2 above, and prior to the expiration of a valid Motile Brno Park Construction Permit issued pursuant to this ordinance, the Director of Code Enforcement and Fire PteventiOn, upon application, may authOrire the issuance of a "Temporary Occupancy Permit" so-called, the tern of said permit to is established by the Director of Cade Enforcement and Fire Prevention as part of his approval for purposes of permitting temporary occupancy Of a portion of a senile have park than under construction, wa such application shall te in order for consideration until the applicant has first obtained written approvals fran the City Engineer and the Director Of Code Enforcement and Fire Prevention. EO such written approval shall be granted, nor shall the Director of Code Enforcement and Fire Prevention authorize the issuance of such Temporary Occupancy Permit, except under the following co ditione, and where the applicant has successfully complied with the following minimum standards: 3.1 NO Temporary Occupancy Permit shall bo issued for a peeled beyond the expiration date of the mbile Move Park Construction I Permit, or extension thereof; provided, however, in the event of the renewal of a construction permit, the said Temporary Occupancy Permit nay also be renewed upon the sane terns and conditions Provided herein for the granting of the initial Temporary occupancy Permit, and upon payment of an additional permit fee in accordance with Subsection 3.6 of this Section. 3.2 Said application for a Temporary, occupancy Permit as provided herein shall certain a sufficient description of the lots to be occupied, and in no event shall said permit be issued for lase than 25 lots. No lots may be Occupied except as permitted by said permit. 3.3 All such lots and improvements thereon shall comply with the requirements of the Ordinances of the City of Bangor and the I aws of the State of Maine. 3.4 Completion of special developments and construction requirements Of this Ordinates applicable to the mobile have park an a whole, rot directly affecting the health and welfare of potential occupants of said lots, and net directly applicable to said lots, MY be suspended on a short-term basis for a period not to exceed the term of said Temporary Occupancy Permit, but only when the Director of Code Enforcement and Fire Prevention shall determine that said requirements cannot be reasonably met by the applicant because of unfavorable climatic conditions. The Director of Code EnfOYaement and Fire Prevention may condition his approval upon completion of said susperded requirements pursuant to a pre- - scribed schedule to he made a part of said Teaporacy Occeponey Permit. The Director of Code Enforcement and Fire Prevention shall give written notice to the City Council of the issuance of a permit under this subsection. -7- 3.5 © The City Council may require a bond, in a fors amt in an mount to be determined by said City Council, if it ectewines that the posting of said bond is emmushly necessary to guarantee crnpletion of said suspended require ants. If the City Council, acting at either a regular meeting or a special meeting, fails to require said bond within ten (10) days of the issuance of said permit with said suspended reWiremence, than the Council shall have waived its right be do an. 3.6 All fees for saitl Permit shall be in the same amounts as established for an operator's License under this ordinance. 3.7 Issuance of a Temporary Occupmxy Permit as provided hereunder shall not be construed as a waiver by the City Council, City Engineer or the Director of Code Enforcement and Fire Prevention Ofthe requirements provided for the issuance of an Cparater's License pursuant to this Ordinance; and shall not grant to the applicant or occupants of said lots any rights to occupy said lots beyond the expiration date of said Temporary Occupancy Permit. 3.8 As a condition of said T'esporary Cccupency Permit, the applicant shall: (1) post a COPY of said Temporary Cccupancy Permit in a wnspicuous place generally accessible to all tenants or occupants of said park; and shall (2) give notice in writing to all (ntential or prospective tenants or occupants of such lots ® that the applicant does not have a valid Operator's License for said park; that any tenants or occupants of such lots must owe in the event that the applicant fails be, comply with the persit as ided verbstimpastatemmentofcthe CedertimB in; andfasid conditions and expiration date of said Temporary CYcupancy Persit. 3.9 Upon receipt of such written application, the Director of Cade fnforcemat and Fire Prevention shall notify the City Counerl, shall pest notice thereof in the lobby of City Hall, and shall Publish notice thereof once in a newspaper of general circula- tion in the City of Bangor. No rempocary 0.eupancy Permit shall Le issued until fifteen(15) days after such newspaper publication. Subsequently the Director Of Code enforcement and Fire Prevention shall also Post notice of his decision whether to issue the permit in the lobby of city Hall for thirty (30) days. DI, IM Q CIIAPIER X1 A ICL£ 5 - DEVELOPMENT MWIRFMF X Sec. 1 New or Expanded M bile Home Aarks. New mobile Fame parks and expansions of existing mobile Mone parks shall conform to the following minimum requirements, unless otherwise modified in accordance with the special provisions set forth in Section 3 of this Article: 1.1 Mobile home parks may be authorised for development only In such locations as provided for in the Zoning Ordinance of the City of Bangor. 1.2 h bile h parks shall be located on a wall drained site properly graded to insure rapid drainage and freedom from stNmant pools of water. The site shall not be exposed to objectionable smoke, noise, Odors or any otherad... se influences, and no portion subject to unpredictable sudden flooding, subsidence or erosion shall be used for any purpose which would expose persona or property W hazards. 1.3 A Mobile hone park shall be located on a single parcel of land having a minimum area of 15 acres. - 1.4 All mobile homes shall be located at least 30 feet foam all mobile home park boundary lines arc] shall be screened from adjacent properties and public streets in accordance with Section 1.11 of this Article. 1.5 A minimum of 25 mobile bone lots shall W completed and provided with all utilities, streets and sidewalks as required by this Ordinance before occupancy of the mobile hors park shall be permitted. 1.6 All nubile haves shall contain not less than 450 square feet of floor area. 1.7 Lot size and set back reuirements, 1.7.1 each individual motile hos, lot shall not W less than 6,000 square feet in area, and shall eat he less than 50 feet wide and 110 feet deep. 1.7.2 No mobile hone shall be located less than 5 feet from the side and 20 feet from the rear lines of an individual mobile hone lot, and there shall be a minimum distance of. 20 feet between adjacent mobile hones. 1.1.3 No mobile hone shall be located less than 20 fast from the right-of-way line of any street, or less than 40 feet from a service building, within the park. -9- ® 1.0 Streets, Walks and Parking. 1.5.1 All mobile have parks Shall be provided with safe and convenient vehicular access from abutting public _ streets or roads to each mobile bene lot. All park streets shall be Wail drained, paved, maintained in good condition, and at night adequately lighted. All streets within the park Shall have a minimum right-of-way width of 50 feet. Pavneent width shell be no less than 36 fast where parking is permitted on both sides of the street. Ubers ng is permitted On Only one side of a street the minlmupavement width shall ba 25 feet and where all on-street parking is prohibited the minimum pavement width shall be 20 feet, 1.S.2 All streets within a mobile hace park shall be constructed W standards specified in the Sebdivlsion cedlnancs. 1.0.3 All streets within a mobile bone park shall be furnished With lighting units to praaide the following average maintaino] levels of illumination: (1) All parte of street syaten 0.6 foot candle, with a minimum of 0.1 feet candle. (2) Street intersectiortt, steps or ramps: individually illuminated with a minimun of 0.3 feet candle. 1.5.4 seed-end streetS shall be limited in length to 1.000 feet and at the closed end shall he Provided with a turn- around having a minimmm radius of 50 feet. 1.0.5 Paved walkways not less than three feet in width shall - cormect each mobile Fame stand to a paved street or to a paved driveway connecting to a paved street. 1.8.6 Two off-street parking spaces shall be provided On each mobile hove lot. 1.9 M bile Mrs lots shall provide an adequate stand, approved by the Director of Cede enforcement and Fire Prevention, for the Placement of a mobile hose. Stands shall be of such construction as to prevent banning, shifting, or settling as a result of frost action, poor drainage or other such forces: 1.10 All individual mobile homes shall be equipped with Skirting or other type of enclosure. 1.11 Landscaping. 1.11.1 Mare possible, existing trees shall be preserved, and mobile hone stands shall he oriented with -10- ® respect to scenic vistas, natural landscape features, tofxgraphy, and natural drainage areas. 1.11.2 lawn and other ground cover shall be installed on all areas except those covered by structures, laved or surfaced areas and planting beds., and undisturbed areas such as woods and ravines Mich are to Ee preserved in their natural state. 1.11.3 Screen planting, providing a dense visual barrier at all times, shall be provided around the boundaries of the park and around laundry drying yards, garbage and trash collection stations, non-residential use, and along rear lot lines of all mobile hrnre lots. Screws, shall consist of shrubs or trees at least five feet wide and, at the time of planting, at least four fret in Migtm, and eventually reaching a mature height of at least six feet. 'lire screen planting zone, extending slow boundary lines shall have a minimum width of 15 feet. 1.13.4 Other planting shall be, provided aixi shall be adequate in size, quantity end character to provide an attractive eetting for tare sobile hones and other Improvements, to proovids adequate privacy and pleasant outlooks for living fits, to minimize reflected glare ® and to afford senor shade. 1.12 Pecreation areas shall be provided for the use of mobile hone Park residents. The size of such areas shall be based upon a minimum of 600 square feet for each mobile bane but in the development, with rn single recreation area being less than 15,000 square feet, Such areas shall be easily accessible to all park residents, located so as to be, free of traffic hazards and, Mere topography permits, centrally located. any buildings Provided for recreation areas shall contain adequate toilet facilities. The number and location of such facilities shall be determined by the Planning Beard and the Director of Code Enforcement and Fire Prevention. 1.13 A11 transformer boxes, substations, punpirg stations and meters shall be located and designated as not to be unsightly or hazardous t0 the public. 1.14 Any construction of, or in, a mobile home park shall be done according to the approved plan and shall be completed as later Man the expiration date of the Mobile None Park Construction Permit. Construction will he deemed to be, canpleted although the final site and grading work has not been canpleted as to - s y individual mobilehone lot; Provided, however, that said final to and grading work will be crmpletad as to any individual mobile Forme lot prior to any occupancy but within a period of ® - sixty (60) days from the date that any mobile home is placed an said lot. Final paving of the street and driveways shall to oanpleted as later than June 30th of the year following final ces,truetfom of said street. -11- Sec. 2 Existing Mobile tkme parka. Mobile Was, parks inexistenceprior to the effective date of this ordinance shall conform to the following requimmnts. 2.1 Within ninety (90) days after said effective date the aser oroperator of such park shall be required to submit re the Director of Nde Mforc nt and! Fire Prevention a general site plan of the park, stowing the following in£onsatim as it existed on the effective date of this Ordiame,m 2.1.1 Name(s) and addreas(m) of the Owner and operator. 2.1.2 Area and dissreions of the park. 2.1.3 Number, location, aim and shape of all mobile house lots. .2.1.4 wmber, location and aim of all mobile hones and buildings. 2.1.5 location and width of all streets and walkways. 2.1.6 Approximate location and site of water, mass, gas and other utility srd sewage disposal facilities. 2.2 Me coverage of any lot shall not be increased war that existing on the effective date of this ordinance, or in the case of lots unoccupied by mobile hose on such dare, lot coverage shall not bo rncreased over what it was when last occupied prior to the effective date of this. Ord inanca. 2.3 My existing mobile lana park developed Prior to Septsmoor 13, 1971 may ba reconstructed in Its entirety in aCWrddn-e with the provisions of this subsection. 2.3.1 My application for the reconstruction of an existing mobile hone Park under this subaectim shall comply with the prwisions of Article 4. 2.3.2 ab be eligible for the reconstruction of a mobile. house park under this subsection, the existing mobile lane Park must be located in a zone in which a mobile Arra park is either a permitted or special exception use. M application for the reconstruction of an existing mobile have park must also receive any or all approvals Mich may hat ecesa necessary under the seeing ordinance of the City of Bangor, as the Whe may be amended from time to time. 2.3.3 the Planning Heard shall revive all applications for the mormstructim ofan existing mobile ham park in accordance with Article 4, We. 1.5. Before the Planning Board may rettmmem the proposed remnstruccim in its L1 report to the City Wmcil, the Board shall determine the follwing: -12- ® a. Met the proposed reconstruction will not result in an increase in density, as compared W that of the asistimg mobile horse park. Eensity"beirg measured as the number of mobile hone lots par acre. _ b. Met the proposed remnstrvction will not result in an increase in the percentage 01 lot coverage, as onsPered to that of the existing mchile hone park, Me percentage of coverage beLg calculated by dividing the square footage of the s�obile honed, by the square footage of the land area developed for 30bile hone lot,. C. that it would constitute an Undue economic hardship to iia that the reconstruction of the existing Ucbi le house park W in accordance with the provisions applicable W new or expardetl mobile hone parks. the applicant must desonstrate that reconstruction of the mobile hoses park in accordance with the requirements m contained in Article 5, Sec. 1 would result in the failure to realize a reasonable rate of return on the ireeatmant necessary for such a reconstruction of the mobile hone park in question. 2.3.4 alternative isvelonahtpeWitakeents.- For those applications existing moblle have for reconstruction of an park whore the for maid determines Hat compliance with 5, sec. 1 would resultnin an undue econamicihastdaryjp ftrticle Planning Ward may approve reconstruction glare Mich conEonn W the minimus standards set forth below (Note: If an alternative standard is not set forth herein, the applicable standard set forth In article 5, sec. 1 shall apply to the Proposed reconstruction of an existing mobile home park.): a. Minium laid area for the reconatmoted mobile hous park: land area of theexisting mIDile hone park. b. No mobile home in the reconstructed mebile home park shall be located any closer W the neck boundary than ware the mobile hones in the existing park. c. Wt size and setback requirements: (i) Minimum nmbile Ione lot site: 3,060 square feet in area (ii) Minimae mcbile hon, lot width: ;d feet (mil) Minhmno sbuile tons lot depth: 34 feet, measured parallel to the mobile hside one lot line (Iv) Mininmm distance frau mobile hone to any lot line: 5 feet -13- IV) Minimum distance between adjacent mobile ® harms: 20 feet d. Streets, walks, and Parking: Il) All streets within the reconstructed mobile Mass park shall have a minimun right of way width of 20 feet (til Pavement width of said streets shall be no less than 20 feet liiil wad -end streets to reconstructed mobile haw parks shall ba no longer than 2,000 feet (iv) At least one off-street parking space shall t» provided on each mobile home lot (v) In the event that tha pavement width in a recoeattvcted mobile hone park is less than 36 feat, on -street parking in said perk shall be consistent with the proiisions of Article 5, section 1.8.1 e, Screen planting zone along mobile home park mwdary lines shall have a minimun width of 5 fast. f. Recreation areas shall not bm required for reconstructed mobile home parks containing less than 65 mobile bane lots. if the reconstructed park contains 65 or more ® mobile hone lots, the Planning ward shall determine how ooh recreation area is adequate to service the residents of said park. g. wtached accessory structures are prohibited on mobile h®e lots in a mobile how park reconstructed under this subsection (2.3): Attached structures, such a an awning, cabana, storage cashost, windbreak, or porch re permissible as long as the gross fiber area of the sane does rot exceed 32 square feet. For purposes of all separation requirements inpcsed by this 0rdfnance, attached structures shall he considered to be a part Of the mobile hams, 2.3.5 My existing mobile have pack to be reconstructed under the provisions of this subsection (2.31 may be expanded onto adjacent land area in accordance with development standards contained herein. Provided, hemmer that the expareion shall bs limited to a land area Mich does not exceed 358 of the land area of the existing mobile hone perk. Before the m Planning Board may recmend such an expansion, it shall determire that the requested expansion is necessary in order W make the reconstruction of the existing mobile Fume park econovically feasible and that the expansion will not have an undue adverse effect ch the properties in the neighborhood. -14- -15- Sec. 3 Special Provision. Notwid standing ether provisions of this re us Otdinanrelating to space, bulk, and e, the Planning Board in reviewing plans for proposed mobile here parka MY modify Said provision to facilitate innovative approaches to ewirOmental design, provided that all of the following standards are maintained: 3.1 The purpose and intent of this Ordinance shall be upheld. 3.2 There shall ba compliance with all state and local codes and ordinances. 3.3 Net residential density of the develapment shall not exceed 7 mobile hones par acre, for purposes of this Ordinance, net residential density shall be computed by dividing the total number of mobile Mrs lots by the total mobile here lot area (in acres). 3.4 In cases of lots fronting on cull -de -sac or irregular shaped lots resulting fran a curvilinear street pattem, minbmm 1 lot size may be modified by reducing frontage and depth requirements by W more than 258. 3.5 Besidnl spare accumulated by reducing lot size requirements - within tM allowable density limits shall be added to the required recreational space and shall be designated as such © Om the Site plan of the development. 3.6 Print yard, setback requirements may be modified by a reduction Of up to 508. - 3.7 Side yard mWimazents may be modified by a reduction of up to 508. 3.8 Back yard requirements may be modified by a reduction of up to 508. -15- CHAPTER XI ARTICLE 6 - UTILITIES ® Sec. t water Supply. *1.1 Public water supply must be available for each mobile hams park. Connection to such system shall be required and its supply used exclusively. 1.2 The water supply shall be capable of delivering a minimum of 150 gallons per day per mobile home. - a1.3 Every water supply system shall be located and constructed in such anr that neither underground n surface contamination will reach the water supply from any 1.4 The water supply system shell be connected by pipes to all mobile homes, buildings, and other facilities requiring water. f1.5 All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with the Stateof lav, the State Plumbing code, and local regulations and shall be of type and in locations approved by the Director of Coda Enforcement .and Fire Prevention and the City Engineer. Sec. 2 Sewage Disposal. 2.1 Sewage disposal systema shall comply with all State of Maine laws, the State Plumbing code and local codes and ordinances. s2.2 Every mobile home park shall be required to provide a wage system for the park designed by a registered engineer to connect to the existing public sever. e2.3 Septic sewage disposal systema in a mobile home park shall beprohibited. 2.4 Design of all sewer facilities shall require approval of the City Engineer. *Amended January 25, 1988 - Effective February 4, 1988 - C.O. 88-58 Sec. 3 electrical Distribution System. 3.1 every cobfle hone park shall contain an electrical wiring syatam consisting of wiring, fixtures, equiprent and appurtenances which shall be installed and maintained in Accordance with all aWlicable State of Naive laws and local miles and regulations gororning such systems. All facilities shall be approved by the Director of Coda Enforcarent and Fire, Prevention. 3.2 All electrical distribution facilities shall be lmated underyrouM. Sec. 4 Refuse Disposal. 4.1 The storage, collection and disposal of refuva in the mobile hone parks hall be m commtea as to create no health hazards, rodent harborage, insect breeding areas, accident x fire hazards or air pollution. - 6.2 Each aibile have shall ba provided with sufficient oreflytight, watertight, mimaSK sof containers xv lblemanguatelyfor store all refuse. Tt» limreee shall be responsible for the regular remval of such refuse at least equivalent Co the frequency Of the City's collodion of such refuse. Wypoyal will be to such places as may be approved by the City. ® Sec. 5 Fuel Supply and Storme. 5.1 Natural gas and liquified gas systmm shall Comply with all applicable sections of N.F.P.A. 54 and N.F.P.A. 59. Installation Of systaw shall be subject to inspection and approval by the Director of Code Bhforcesent am Fire Preventim. 5.2 All fuel oil Supply systems shall be constructed and installed in each sobile hone lot in accordance with all applicable sections Of N.F.P.A. 31 and the regulation of the State of Maine, Deparbnent of ttrviromencai Protection. Installation of the Warm shall be subject to inspection and approval of the Director of Code enforcement and Fire prevention. Sec. 6 Service Buildings. The following requirements shall apply to any service buildings located in a mobile hone park, Including managmrent offices, repair shops, storage buildings, laundry buildings and sanitary facilities. 6.1 Buildings shall meet all requttemanta of the Building Code Of the City of Bangor. 6.2 Flubbing in any service building Shall meet all requirements Of the State Plumbing CWe. -17- 0 -18- Sea. 7 Acceseoru Structures. 1110 following requirements shall apply to any accessory structures located on an individual mobile hese site and accessory to the sabile ham. The accessory structure shall: - .. 7.1 hot exceed a width of 24 feet or a length of 26 feet; 7.2 be located not less than 20 feet frau the street right- ol- ay, act less than 5 feet fmn a rear lot line, and not less than 5 feet frau a side lot lire, 7.3 rot exceed a wail Might of 10 feet nor have a roof pitch exceeding 5" per foot; 7.4 rot obstruct required openings for light and ventilation Of the mobile hones nor prevent Inspection of any mobile _ ham equlpsent or utility Connection. Notwithstanding other provisions at this Ordinance, the j Oireator of Code thfOrcament and Sire Prevention may grant permits for amessory structures for individual mobile Moss Mich mast Mose requiremnts, Bac. 8 Attached 8tractures. The following reguireeents shall apply to any extensions W Mails ha es such as ® porches, portions and decks. Such attached structures shall: 8.1 meet all yard requiresents for the ashile Mss as munerated in Article 5, Smtion 1.7 of this Ordinanca; 8.2 art he used for the storage of motor, vehicles; 8.3 mt W extended W leas than ten fast frau any other While hanel 8.4 not exceed 250 sguare fast in area. 0 -18- 89-437 Supporting Documentation From Essex Green Partners ARTICLE 4 PERMITS R LICENSES SECTION 1 CONSTRUCTION PERMITS 1.3.1 THIS INFORMATION CAN BE FOUND ONTHE COVER SHEET IN THE LOWER RIGHT HAND CORNER. 1.3.2 THIS INFORMATION CAN BE FOUND ONTHE LOTTING PLAN I AND LOTTING PLAN II. 1.3.3 THIS INFORMATION CAN BE FOUND ONTHE LOTTING PLAN I AND LOTTING PLAN II. THE REFERENCE TO LOT SIZE IS IN NOTE PORN ON THE LOTTING PLAN I "ALL LOTS ARE 9000 SF MINIMUM." 1.3.4 TH18 INFORMATION CAN BE FOUND ON THE LOTTING PLAN 1. 1.3.5 THIS INFORMATION CAN BE FOUND ON LOTTING PLAN I AND LOTTING PLAN IF. 1.3.6 THIS INFOREATION CAN BE FOUND ONTHE LOTTING PLAN I AND LOTTING PLAN II. WALKWAY LOCATIONS ARE SHOWN ON THE TYPICAL LOT LAYOUT DETAIL ON SHEET 13. 1.3.7 WATER AND SEWER LOCATIONS. SIZES. MANHOLES AND CLEANOUTS ARE LOCATED ON THE UTILITY PLAN I AND UTILITY PLAN 11. ELECTRICAL PRIMARY, SECONDARY, STREET LIGHTING, UTILITY POLES, AND METER LOCATIONS ARE LOCATED ON THE ELECTRICALPLAW I AND ELECTRICAL PLAN II. 1.3.8 SINCE PUBLICSEWER IS AVAILABLE, THISREQUIREMENT SHALL BE WAIVED. 1.3.9 THIS INFORMATION CAN BE FOUND ON THE LANDSCAPING PLAN I AND LANDSCAPING PLAN I1. 1.3.10 THIS INFORMATION CAN BE FOUND ON THE LOTTING PLAN I AND LOTTING PLAN 11. ARTICLE 5 DEVELOPMENT REQUIREMENTS 1.1 THE PROJECT IS LOCATED IN AN AGRICULTURAL ZONE (CH)UPTER 8 ARTICLE 5 BANGOR ZONING ORDINANCE) WHICH ALLOWS UNDER SPECIAL EXCEPTION MOBILE HOME DEVELOPMENT. SECTION 3 PARAGRAPH 2 SPECIAL EXCEPTIONS LINE G. 1.2 THE LOTS SHALL BE GRADED TO INSURE POSITIVE RUNOFF. STREET GRADES CAN BE FOUND ON THE PROFILE SHEETS 15, 16, 17, 18, AND 19. PROPOSED STORMWATER MANAGEMENT CAN BE BOUND ON THE DRAINAGE PLAN I AND DRAINAGE PLAN II. THERE ARE NO OBJECTIONABLE SMOKE, NOISE, ODORS, OR ANY OTHER ADVERSE INFLUENCES. THERE IS NO PORTION OF THIS PROJECT THAT WOULD EXPOSE PERSONS OR PROPERTY TO HAZARDS. 1 1.3 THE PROPOSED DEVELOPMENT IS LOCATED ON A PARCEL OF LAND THAT EXCEEDS THE 15 ACRE MINIMUM LAND AREA REQUIREMENTS. 1.4 BUILDINGSETBACKS, DIMENSIONS, AND BUILOINGLOCATIONS CAN BEFOUND ON SHEET 13 TYPICALLOT LAYOUT DETAIL. SCREENING CAN BE FOUND ON THE LANDSCAPING PLAN I AND THE LANDSCAPING PLAN II. 1.5 PHASE IOP THIS PROJECT CONSISTS OF 32LOTS COMPLETE WITH ALL UTILITIES, STREETS, AND SIDEWALKS AS REQUIRED BY THE MOBILE HOME PARK ORDINANCE. 1.6 ALL MOBILE HOMES SHALL EXCEED THE 450 SF MINIMUM FLOOR AREA. 1.7 LOT SIZE AND SETBACK REQUIREMENTS 1.7.1 ALL LOTS SHALL BE 9000 SF MINIMUM, THEREFOR THE LOTS EXCEED THE 6000 SF MINIMUM REQUIREMENT. MISINFORMATION CAN BE POUND IN NOTE FORM ON THE LOTTING PLANS. 1.7.2 THIS INFORMATION CAN REFOUND ON THE LOTTING PLAN IAND LOTTING PLAN II ALSO ON SHEET 13 TYPICAL LOT LAYOUT. 1.7.3 THIS INFORMATION CAN REFOUND ON THE LOTTING PLAN IAND LOTTING PLAN II. 1.8 STREETS, WALKS AND PARKING 1.8.1 IN TREFERENCE TO VEHICULAR ACCESS TO EACH LOT THIS INFORMATION CAN BE FOUND ON SHEET 13 TYPICAL LOT LAYOUT DETAIL. WITH REGARD TO STREETDRAINAGE SEE PROFILE SHEETS 15 THRU 19 AND DRAINAGE PLAN I ANODRAINAGE PLAN II. FOR STREET LIGHTING SEE ELECTRICAL PLAN I AND ELECTRICAL PLAN II. 1.8.2 THIS INFORMATION CAN BE FOUND ON DETAIL SHEET 12 ROADWAY SECTION DETAILS. 1.8.3 THIS INFORMATION CAN BE FOUND ON THE ELECTRICAL PLAN I AND ELECTRICAL PLAN II. 1.8.4 SINCE THERE ARE NO DEAD-END STREETS THIS REQUIREMENT DOES NOT APPLY, 1.8.5 THIS INFORMATION CAN BE FOUND ON DETAIL SHEET 13 TYPICAL LOT LAYOUT DETAIL. 1.8.6 THIS INFORMATION CAN BE FOUND ON DETAIL SHEET 13 TYPICAL LOT LAYOUT DETAIL. FOUR (4) OFPSTREET PARKING SPACES ARE PROVIDED FOR EACH UNIT. 1.9 THIS INFORMATION CAN BE FOUND ON DETAIL SHEETI2 TYPICAL MOBILE HOME PAD DETAIL 1.10 AS IS TYPICAL WITH MOBILE HOME SETUP PROCEDURES, ALL MOBILE HOMES SHALL BE SKIRTED. - 1.11 LANDSCAPING 1.11.1 THIS INFORMATION CAH REMO= ON THE LANDSCAPIHG PLAN I AND LANDSCAPING PLAN II. 1.11.2 THIS INFORMATION CAN BEFOUND ON THE LANDSCAPING PLAN I AND LANDSCAPING PLAN II INNOTE FORM IN THE LOWER RIGHTHAND CORNER. 1.11.3 THIS INFORMATION CAN BEFOUND ON THE LANDSCAPING PLAN I ANDLAMDSCAPING PLAN 11 AND ALSO ON DETAIL SHEET 13 TYPICAL LOT LAYOUT DETAIL. 1.11.4 THE LANDSCAPING PLAN I AND LANDSCAPING PLAN II SHOWS STREET THEM AS WELL AS AN ATTRACTIVE ENTRANCE, WHICH CAN BE SEEN IN GREATER DETAIL ON THE LANDSCAPING DETAIL SHEET. 1.12 THIS INFORMATION CAN BE FOUNDON THE LOTTING PLAN I AND LOTTING PLAN II.