HomeMy WebLinkAbout1976-07-12 286 AD ORDER2e5 AD
Introduced by councilor Soucy, Jply 12, 1976
awCITY OF BANGOR
(TITLFJ (orttgry Accepting City„Engineer•sReport, Construction of ,,..
_.Mildred_Avenue_.beWesn..xemmond. Street -.and.. Leonard....Street..............._._._
By flu City Commit efHM City OfDWA T. -
ORDERED,
THAT WHEREAS, Mildred Avenue between Hammond Street and
Leonard Street has been dedicated, but has,inever been accepted
or constructed as a public way, and
WHEREAS., a Petition has been received requesting the discon-
tinuance of that portion of the Mildred Avenue right-of-way since
it has never been constructed and is of nobeneficialuse to the
abutting property, and
WHEREAS, as a result of said Petition for a discontinuance,
a Public Hearing was held by the City Engineer, at which hearing
• majority of the Mildred Avenue residents were opposed to the
discontinuance, and subsequently by Petition requested that it
be constructed as a public way,
NOW THEREFORE, be it
ORDERED, that the attached Report of the City Engineer
showing the costs and possible assessments for said construction
be and hereby is. accepted, and be it further
ORDERED, that the sum
of $15,000.00 be transferred from
Account No. 52-60 (5012), Reconstruction of Streets, and be
it further -
ORDERED, that said construction commence at such time as
said right-of-way has been laid out and accepted as a public
way.
2a6 AD
IN CITY COUNCIL -
July 12, 19]6
Referred to public Works -
gonmittaconsider next meeting.
n O R D E R
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Cl — Title, RECEIVED
IN CITY COUNCIL - !:ceePtin •City,,, ,e •Acyl,,• Coretfi., of xITY OF BANGOR
July 2e, I9]D •• - GITY CLEWS OFFICE
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CIT4 CL _ InTFoducedzend ed`by
CITY OF EANGOR, MAINE
Engineering Department
June 24, 1976
To the Municipal Officers;
Reference is made to City Council Order No. 152 AD passed
March 81 1976 directing the City Engineer to discontinue a
portion of Mildred Avenue for a distance of approximately 470
feet west from+.Hammond Street. This order was initiated as
result of a Petition received from Waldron E. Sawyer, Sr., Owner
of property adjacent to the subject right -of -wap, since a street
had never been constructed, and the right-of-way served no useful
purpose.
Accordingly, a Public Hearing was held in the City Council
Chambers on Tuesday, April 6th, 1976 at 7:00 P.M. for the purpose
of discontinuing said street and determining the damages and/or
benefits as a result of said discontinuance. There appeared
at the time and place set for the hearing, Mrs. Mary Kurr,
Attorney for Waldron E. Sawyer, Sr.; Mr. and Mrs. Carroll Hall,
Mr. and Mrs. Robert Atkinson, Helen T. Dunning, Mrs. Carlotta
Cunningham, Louis M. Mason, Frank R. Harding, Jr., Donald J.
Shumaker, Mrs. W. R. Lovering, Arthur and Harriet Tilley, John
and Evelyn Porter, Rosalie Mae Fox, Paul E. Cormier; and the
City Engineer. Speaking on behalf of Mr. Sawyer, Mrs. Kurt
indicated that the land was serving no useful purpose and had
been shown as a dedicated right-of-way for almost thirty years.
She further stated that her client had previously requested
that the street be constructed, and that he was the only person
who had undertaken to change the status of the right-of-way.
Following that discussion, many of the other persons present
indicated that they were opposed to the discontinuance of the
right-of-way, since it was part of the original Mason Sub-,
division, and they all had an interest in the land. The City
Engineer expressed the feeling that either the right-of-way
should be abandoned and discontfnuedi,:: since a street had
not been constructed, or the street should be constructed and
accepted as a public way; to leave the right-of-way on record
as merely a dedicated right -of -way -would serve no useful purpose
to anybody, including the residents of Mildred Avenue and Mason
Avenue. Mrs. Lovering indicated that she felt that Mason
Avenue, being the only existing access to Hammond Street, was
very had, due to the close proximity of the Interstate Highway
amp. Mr. Hall also indicated that because of the steep grade
on Mason Avenue approaching Hammond Street, they occasionally
had difficulty in obtaining access to Hammond Street during
the winter. For that reason, most of those present felt that
the construction of Mildred Avenue from Leonard Street to
Hammond Street would provide a better access to .Hammond Street
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and would benefit the neighborhood. The City Engineer then suggested
that the property owners in the neighborhood, especially on Mildred
Avenue, submit a Petition requesting that the street be constructed,
and that if the majority were in favor, it would be recommended
that the street be built and accepted as a public way, and that a
portion of the cost would be assessed against the property owners.
A Petition wassubsequently received, a copy of which is attached
(Exhibit A)..
As a 'result of the Petition requesting construction, surveys,
plans and cost estimates were prepared and letters were sent to
all of the property owners on Mildred Avenue and that portion of
Gray Street which lies nearest to Mildred Avenue. Each of those
notified were advised that the total length of the roadway con-
struction would be approximately 750 feet, extending from Leonard
Street to Hammond Street, and that the total estimated cost of
constructionis814,100.00. Of this amount the City would pay
two-thirds, and the remaining one-third would be assessed against
the property benefited, as follows:
_ Est. Assessment
Name out>ti-' In Favor 0 sed No Reply
Paul Cormier 80 feet 8148.26
Louis Mason 121 feet 4224.25
Charles Wain 50 feet 92.66
Carlotta Cunningham 100 feet 4185.33
Philip Reeves 115 feet 213.13
Frank Harding 50 feet 92.66
Doris Mason 100 feet 185.33.
Daniel Curran 65 feet 120.46
Robert Atkinson 50 feet 92.66
Sidney Stather 100 feet 185.33
Carroll Allen and
Malcolm Hardy 300 feet 556.00
Waldron Sawyer 290 feet 537.46
Arthur Tilley 90 feet 166.80
Warren Lovering 50 feet 92.66
Leroy Cole 55 feet 101.96
John Porter 80 feet 148.26
Carroll Hall 115 feet 213.13
Blaine Robinson 100 feet 185.33
Michael Gould 100 feet 185.33
Martha Curran 65 feet 120.46
S1,760.63 81,158.04 8928.49
As noted above, the majority in number and value of those
Who replied to the questionnaire were in favor of the proposed
street construction. Since the street constructiomfwill provide
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an alternate access route to a neighborhood containing approxi-
mately thirty homes, will open up additional land for residential
development, and would provide a somewhat safe[ access to Hammond
Street, it is recommended that the road be constructed and accepted
as a public way. It is further recommended net the cost of the
construction be assessed against the property owners
s listed
above{ however, since most of these property owners were recently
assessed for anew
sewer, it is recommended net the levying of
the assessments be delayed until 1977.
A Plan of the proposed roadway is attached.
'Respectfully submitted,
_
John Frawley,
En
City Engineer