HomeMy WebLinkAbout1988-08-22 88-366 ORDERCouncil Anion
Chile August 22. 1988 possible. 88_366
Item/Subject: Discontinuance of Frazier Street, Gridley Street, and a Portion
of Church Lane
Responsible Department Engineering
Commentary:
The Community Development Department has previously purchased =at all of
the land abutting Frazier Street, Gridley Street and Church Lane, extending
from Boyd Street to Newbury Street on the south aide of the St. John's
Catholic Church property. The land is to be offered as a redevelopment
parcel, and the existing rights-of-way are no longer required. The City
Council previously directed the discontinuance of the subject streets in
19821 however, it was decided to delay the discontinuance until more
definitive redevelopment plans were established. Since a local developer,
Gridley Street associates, is requesting tentative developer status to
develop the property. the Community Development Department has requested
that the discontinuance of the streets be completed.
Theaceptance of the City Engine report and the passage of the Order
will complete the discontinuance pro since the Planning Board has
previously recommended the removal oP the streets from the Official City
Map as a result of their approval of a Subdivision Plan of the area.
Ixgrtaear Hmd
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Associated Information:0
Budget Approval: NA
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Legal Approval:
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Introduced For
Passage
❑ First Pestling Pap _af—
❑ Referral
88-366
Amigned to Comc or England. August 22, 1988
CITY OF BANGOR
(TITLE.) (DrUr Biscontinuaruse of. Frazier Street,. Gridley Street. and a Portion
By t1u City CounoU of Hv City of Bunion:
ORDERED,
THAT the attached report of the City Engineer relative to the discon-
tinuance of Frazier Street extending east from Boyd Street, Gridley Street
extending war from Newbury Street, and that portion of Church Lane extending
between the termini of Frazier Street and Gridley Street be and hereby is
accepted; and be it further
ORDERED,
THAT said streets be discontinued as public rays and removed from the
Official City Hap, and that a public easement be retained for the existing
water, a and power linea only, which later may be abandoned or relocated
as part ofea future redevelopment of the property.
88-366 {{{j
ORDER
IN CXTAugust
2oMIL
,-1988 -
A suet 22, 1988 Titley
Passed
/�kr ti� Discontinuance of. Praaier. S[reetyC....
CIiY LERB Gridley Street add a Portion of Church Jae
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88-366
CITY of BANGOR,
To the City Connrdl:
Pursuant ban order of the City ComeikOrder,_Bsx. 8j-je,,,._..-, im ad.P.ecember 13.1980
directing the City Engineer W dgnmt. discmtwit.Fxazlec9ireee,..Grldlzy_Svwst,...avd
City Engineer bega have W report:
That of his intention
the City Engineer gave written notice by mHces attached b roples of incl order poeted for seven
dose pier W We _ 3 d day of August 1908 .............. __. _.___._ ._......__...
in two PPWk plena in the City of Bangor and in the vicinity of Bond sheet, W wit:
One posted m Bulletin Board at City Ball{
One posted,on PoleatFrazier and B yd street
....... AAR..PPBLEA.OAA_PA LR. bR..Sa[SSU.RY Adld Pewhary..3t[ee ............... ... ...
and ala gave notice by causing the more W be published in the BANaoa Dally Mesa, newapgpa
printed in aid city, for me wcek prior W M ....An.... L1288 ........... ......cavy of said ober and
notices, an Boated and published, is hereto amaed andmWe part of this report. ---------------------- -
And that the said City Engineer met at the time and plea of meeting spadfled but the poufs
and Proceeded WNnpppA discontinue sold aLieeFg..ag € 11 .........
88-366
FRAZIER STREET
An unaccepted street, the southerly line of which is described
as follows Beginning at a point on the easterly right-of-way line
of Boyd Street at Coordinates North 353,611.83. east 431.949.76,
Maine State Coordinate System, East Some, said paint of beginning
being two hundred six and ninety one hundredths (206.90) feet earth
from the northerly right-of-way line of Hancock Street, as
measured
along said easterly line of Boyd Street; thence North )0'03'59"
East for a distance of three hundred twenty-three and thirty -en
one hundredths (323.37) feet to the westerly right-of-way lineof
Church Lane. Said right-of-way was laid out twenty (20) feet north
and at right angles to the above-described line.
CHURCH LANE (A PORTION OP)
Ana cepted street, the westerly line commencing at the
outheasterly terminus of Frazier Street as described above; thence
North 10' 15' 1D" west along the westerly live of Church Lane
for a.distance of a enty-nine and eleven one hundredths (79.11)
feet to the westerly terminus of the southerly right-of-way live
of Gridley' Street. Said rlgbt-of-way was laid out to a width of
twenty (20) feet measured in an easterly direction at right
angles to the above-described line.
Laid out and accepted as a public way on March 5, 1855, the
southerly line of which c n the westerly right-of-way line
Lane
of Church Lan at the last pointdescribedabove, and extending
North 66- 00'28" East for a distance of two hundred twenty-six and
two one hundredths (226.02) feet to the westerly right-of-way line
of Newbury Street. Said right-of-way was laid out to a width of
forty (40) feet in an ortherly direction at right angles to the
above-described line.
Said streets are
re fully ahead a Plan prepared by the
City of Bangor EngineeringDepartments entitled "Lend Transfer Plan,
City of Bangor, Finer Shoe Company, St John's Church", dated March,
1980, revised August 3, 1988, Plan No. L-261, on file in the Office
of the City Engineer_
fasts appeared at the time and place set for the meeting Father
Maurice T. Label. Pastor of St. John's Catholic Church; Ron Votes.
ember of St. Johv s Catholic Church; Capt. Tom Robertson, representing
the Bangor Fire Department' Bion Paster, representing Parkway Realty,
one at of the property lying to the south; George Gillis, representing
Gridley Street Associates, developers interested in the Community
Development property adjacent to the above mentioned streets; Jim
Saucier of Websteo-0aldwin-Rohman-Day-Czarnfecki, representing the
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developers; Matt Nichola, Assistant City Solicitor; and Andrew Hamilton,
Esq.,: representing the developers.
The City Engineer explained that. the petition to discontinue
the subject streets was originally received from the City of Bangor
Community Development Department in December of 1982. A public hearing
fl held at that time, and c nsiderablenwas voiced by represen-
tatives
epro -
tatives of St. John's Catholic Church that thendiscontinuance of Gridley
Street would remove a very important source of access to the Church by
service vehicles; the Fire Chief also expressed concern by the removal
s
of that a since he felt that it w n important point ofaccess
m
for emergencye
vehicles in the C of fire. Consequently, the Community
Development Department withdrew their request for the street discontinuance
at that time, aime there were no definite plans for the redevelopment of
the City land.
Since Gridley Street Associates is now interested in acquiring
tentative developer status to develop the City property, and since
Gridley Street Associates has attempted to address the concerns of the
Church with regard to access, the Community Development Department has
requested that the discontinuance of the streets now be completed.
Representatives of the developer Indicated their intent to construct
accessan read across the property from Newbury Street to Boyd Street,
with theNewbury Street end of the road to be located southerly from
the existing Gridley Street right-of-way; however, the developer hes
proposed to construct aervice driveway from their road to the rear
of the Church which would be constructed and maintained by Gridley
Street Associates. After some discussion with regard as to the elope
and proposed grass surface to be used on the access
road, wherein
representatives of the Church continued to express c , it was
decided to continue the public hearing until August 11e1988 at 10:00
A.M., E.D.T.. again to b& held in the City Engineer's office. Questions
were also raised as to the meed to relocate existing utilities which
presently serve the Charon.
At the continuation of the hearing on August 11th, all of the
me parties were present, with the addition of Alan Baldwin. of the
firm of Webster-Baldwin-Rohman-Day-Czamlecki, representing Gridley
Street Associates. Andrew ",,Ilton. Esq.. representing the developer,
presented some specifications for the proposed access
road t the rear
of the Church which would provide for a slope of between 5% and 7%, with
a 2 1/2 inch bituminous concrete surface ou a 15 inch granular base,
which appeared to be satisfactory to all present asn
adequate m of
access for fire trucks and other service vehicles. Mr. Hamilton also
indicated that aneasement e
ford ss by way of the new ac road
would. be granted tothe Church fora term Adequate to the Church's
need.
With regard to water service, dim: Saucier showed a tentative
plan for the Installation of avote; mein fallowing the route of
the proposed new access driveway between Newbury Street and Boyd Street.
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with a stub connection to a existing fire hydrant located near the r
of the Church. He also showed the location of the existing o overhead power
line to the Church from Newbury Street, presently within the Gridley
Street right-of-way, which they would arrange to have relocated to a
point along the northerly edge Of the City property. He also indicated
that the We existing City sewers on Frazier Street and Church Lane would
be replaced by the developer. It was pointed out that [here is no evidence
s to wherethe water and sewer service linea from the Church and the
Rectory soonest into the existing water and sewer linea, and 1t w agreed
that should service lines beencountered during the developer
construction, that the developer worelocate o otherwise protect
the existing service connections, providing an easement for said connections.
The City Engineer stated that the purpose of the hearing was to
assess any damages or benefits as the result of the discontinuance of
said streets. He indicated that there did not appear to be any damages
provided that the Church was atisfied with the conditions pertaining
to access and utility connections as stated above. Father Jebel and Mr.
Verow indicated that they were isfied with the proposed conditions.
The City Engine also pointed O that, since the City i w the owner
of the property and since there is no absolute guarantee that Gridley
Street Associates will ultimately develop the property as proposed, the
City Of Bangor Community Development Department will stipulate all of
the above described conditions pertaining to access and utility easements
in any, future Conveyance of the property.
The City Engineerpointed out that in accordance with 23 M.H.S.A.,
$ 3026 that unless otherwise stated In the Draer, a public easement shall
be retained and all remaining interests of the municipality shall pass to
the abutting' propertyes
owners to the center�of the way; the public easement
would be retained for the sanitary s and the existing water and power,
subject to their relocation or abandonment at a later date. He pointed out
that moat Of the right-ofway would revert to the City of Bangor, the owner
of most of the abutting property,. with the exception of 13.65 feet of frontage
caned by St_ John's Catholic Church at the northwesterly end of Gridley
Street. and 74.21 feet of frontage owned by Parkway Malty at the south-
easterly and Of Frazier Street, all as shown on the -above-mentioned Plan
as sed. It was cognized that future adjustments will be made to
theperimeterboundaries between the City land and St., John's Catholic
Church, and the Parkway Realty property on the south.
All of those present indicated that they were in favor of the
discontinuance as proposed.' The Planning Board has previously approved
a Subdivision Plan for the Community Development property which indicates
the discontinuance Of the above-mentioned streets; consequently, no further
action will be required by the Planning Board pertaining to the removal of
said streets from the Official City Hap.
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88-366
Since the streets serve no further public purpose provided that
acceand utility connections cc the Church are preserved as described
above it is recommended that said Frazier Street, Gridley Street, and
the connecting portion Of Church Lane be discontinued as public ways
and removed from the Official City Map.
Respectfully submitted,
I
JTP:jkp John T. Frawley,
City Engineer
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