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Home My WebLink About1972-04-24 157-Z ORDER157-z introduced by Councior nigney, April 29, 1972 :,r CITY OF BANGOR (TITLE.) f®rba Establishing- Sewer Easements. Kenduskeag Stream interceptor Sewer By 4u CAey Coua of My o)8aapor: ORDERED, THAT the attached report of the City Engineer relative to the establishment of sewer easements along the Kenduskeag Stream between Kenduskeag Plaza and theInterstate Highway for the installation of the interceptor sewer, be and hereby is accepted, and be it further ORDERED, that said easements be established as noted therein. ORDER IN CITY COUNCIL Title, April 24, 1972 PASSED Easerent9 Keniuskeag .................... .... .......... c1mY cLaaK ,scream x.ca«eeco� sewer troduced and filed by prepared by the City of Bangor engineering Department entitled "Kenduskeag Interceptor Sewer Right-of-way Plan," Plan No. R-860, sheet 1 through 12 of 12, dated February 28, 1972; said plane were prepared from construction plans for the proposed sewer prepared by Metcalf & Eddy, Inc., engineers from Boston, Mass., on plans entitled "Kenduskeag Intercepters," sheets H 54984 through H 55014, dated December, 1971. The location and easement requirement of each of the properties involved as shown on the above-mentioned right-of-way plans is more fully described as follows: Vicar's Music Company P.R. Of D., Vol. 1357, P. 51 & 52 V & B Realty Company P.R. of D., Vol. 2051, P. 310 to 321 and Vol. 2065, P. 288 Downtown Bangor Realty Co. P.R. of D., Vol. 2206, P. 446 & P. 461 The right of access along a right-of-way from Hammond Street adjacent to the westerly line of property of land owned by Devisees of Charles Murray, at al, as recorded in P.R. of D., Vol. 1602, P. 134, said access to be for the purpose of constructing and main- taining said sewer; said right -of way is shared in common by the above-mentioned property owners. Recommended Damages None The Merrill Trust Company P.R. of D., Vol. 1087, P. 482 and Vol. 1351, P. 152 The right to install and maintain a portion of the Kenduskeag Stream interceptor sewer between Ste. 0 + 48+ and Ste. 2 + 06+1 consisting of a 42 -inch reinforced concrete pipe and one manhole. Recommended Damages $1125 Devisees of Charles Murray. at al P.R. of D.,Vol. 1602, P. 134 (Property leased to Merrill Trust Company) The right to install and maintain a Portion of the Kenduskeag Stream interceptor s consisting of a 42 -inch reinforced con- crete pipe, between Stec 2+ 06+ and Sta. 2 + 56+. Recommended Damages $25 - 4 Charles Stetson Heirs P.R. of D., Vol. 1119, P. 222 The right to install and maintain a portion of the Kenduskeag Stream interceptor sewer, consisting of a 42 -inch reinforced con- crete pipe and one manhole, between Ste. 4 + 29+ and Sta. 5 + 10+. Recommended Damages $500 Donald Day, Trustee P.R. Of D., Vol, 2152, P. 44B The right to install and maintain a portion of the Renduskeaq Stream interceptor sewer, consisting of a 42 -inch reinforced con- crete - crete pipe and one manhole, between Ste. 6 + 75+ and Ste. 9 + 13+. Recommended Damages $350 Webber Realtv Corporation P.R. of D., Vol. 1682, P. 310 The right to install and maintain a portion of the Kenduekeag Stream interceptor sewer, consisting of a 42 -inch reinforced con- crete - crete pipe and two manholes along the westerly edge of said property, between Sta. 20 + 18+ and Ste. 24 + 20+; and approximately 76 feet of 24 -inch reinforced concrete pipe and one manhole along the south- erly edge of said property; and the right to perform temporary grad- ing within the limits shown o said right-of-way plan between Ste. 20 + 18+ and Sta. 21+ 82+8 Recommended Damages $700 Central Equipment Corporation P.R. Of D., Vol. 2177, P. 751 The right to install and maintain a portion of the Kenduekeag Stream interceptor sewer, consisting of a 42 -inch reinforced con- crete pipe and four manholes between Sta. 24 + 20+ and Ste. 29 + 76+; and the right to install and maintain a concrete crib retaining wall and to provide temporary grading within the limits shown on said right-of-way plan between Ste. 25 + 25+ and Ste. 29 + 81+. Recommended Damages $150 Anthony J. Rogers P.R. of D., Vol. 1600, P, 9 P.R. of D., Vol, 2092, P. 109 P.R. of D., Vol. 1973, P. 320 Rhe right to install and maintain a portion of the Kenduskeag Stream interceptor sewer, consisting of a 42 -inch reinforced con- crete pipe and three manholes between Ste. 29 + 76+ and Sta. 34 + 58+; approximately 64 feet of syphon piping, consisting of 20 -inch and 30 -inch ductile iron pipe, between Sta. 34 + 58+ and Sta. 35 + 22±; and approximately 73 feet of 12 -inch asbestos cement pipe extending northeast from Sta. 34 + 58+; also the right to install and maintain a concrete crib retaining wall and to perform temporary grading between the limits shown on said right-of-way plane between Ste. 29 + 71+ and Sta. 31 + 42+. Recommended Damages $150 Rune. Inc. P.R. of D., Vol. 2154, P. 225 and 226 Rhe right to install and maintain a Portionof the Kenduskeag Stream interceptor sewer, consisting of aection of inverted syphon piping consisting of 20 -inch and 30 -inch ductile iron pipe between Ste. 36 + 58+ and Ste. 37 + 62+, Also the right to install and maintain a portion of the Kenduskeag Stream interceptor sewer, consisting of a 42 -inch rein- forced concrete pipe and one manhole between Sta. 39 + 07+ and Ste. 39 + 52+. Recommended Damages None S. A. Maxfield CO., Inc. P.R. of D., Vol. 1552, P. 325 P.R. of D., Vol. 1860, P. 412 The right to install and maintain a portion of the Kenduskeag Stream interceptor sewer, consisting of a 42 -inch reinforced con- crete pipe and two manholes, between Sta. 53 + 47+ and Ste. 58 + 10+; also an additional portion or the Kenduskeag Stream interceptor sewer, consisting of a 42 -inch reinforced concrete pipe and one manhole between Ste. 59 + 85+ and Ste. 62 + 73+; also the right to perform temporary grading within the limits shown between Sta. 62 + 13+ and Ste. 62 £ 78+. Recommended Damages None Roman Catholic Bishop of Portland P.R. of D., Vol. 659, P. 23 P.R. of D., Vol. 929, P. 309 The right to install and maintain a portion of the xenduskeag Stream interceptor sewer, consisting of a 42 -inch reinforced con- crete pipe and three manholes between Ste. 62 + 74+apd Ste. 69 + 46±; aection of syphon piping consisting of 20 -inch and 30 -inch ductile iron pipe and one manhole between Sta. 69 + 46+ and Sta. 69 + 68+; approximately 436 feet of asbestos cement pipe and two maMoles; also the right to perform temporary grad- ing within the limits shown between Ste. 62 + 73+ and approxi- mately 150 feet north of Sta. 69 + 26+. Recommended Damages $1100 Curtis M. Hutchins P.R. of D., Vol. 1784, P. 389 The right to install and maintain a portion of the Renduskeag Stream interceptor sewer, said portion being the Arctic Brook ewer connection, consisting of approximately 380 feet of 24 -inch reinforced concrete pipe, 70 feet of 15 -inch vitrified clay pipe, and three manholes. Recommended Damages None Rune, Inc. P.R. of D., Vol. 2154, P. 225 and 226 The right to install and maintain a portion of the Aenduskeag Stream interceptor sewer, aid portion being the Mill Street c - nection, consisting of approximately 270 feet of 12 -inch asbestos cement pipe, 309 feet of 30 -inch asbestos cement pipe, 45 feet of 8 -inch asbestos cement pipe, and six manholes. Recommended Damages None Boyd Realty Company P.R. Of D., Vol. 1784, P. 389 The right to install and maintain a portion of the xenduskeag stream interceptor sewer, consisting of a 16 -inch ductile iron pipe between Sta. 1 + 20+ and Ste. 2 + 20+; and also the right of access for the installation and maintenance of said sewer along the existing alley from Harlow Street. Recommended Damaged $1,000 7 Edward Dalton P.R. of D., Vol. 2203, P. 654 P.R. of D., Vol. 2203, P. 601 The right to install and maintain a portion Of the Kenduskeag Stream interceptor sewer, consisting of a 16 -inch ductile iron pipe and one manhole between Sta. 2 + 20+ and Sta. 2 + 50+, together with the right of access along the existingalley to Harlow Street. Recommended Damages $50 Eastern Trust and Banking Co. P.R. Of D., Vol. 814, p. 458 P.R. of D., Vol. 1712, p. 338 The right to install and maintain a portion of the Kenduskeag Stream interceptor sewer, consisting of a 16 -inch ductile iron pipe and two manholes, between Sta. 2 + 50+ and Ste. 3 + 65+; also the right of access along the existing alley to Harlow Street. Recommended Damages $100 Abraham M. Rudman and the Merrill Trust CO., Trustees P.R. of D., Vol. 1073, p. 226 P.R. of D., Vol. 1563, p. 20 and 24 The right to install and maintain a portion of the Kenduskeag Stream interceptor sewer within the cellar of the existing build- ing, said sewer to consist of a concrete ancased 16 -inch ductile iron pipe, between Sta. 3 + 65+ and Sta. 5+ 34+; also the right of access along the existing alley to Harlow Street. Recommended Damages $2200 Abraham Shapero P.R. of D., Vol. 2254, p. 325 The right to install and maintain a portion of the Kenduskeag Stream interceptor sewer within the cellar of the existing build- ing; consisting of a16 -inch ductile iron pipe located below the existing wood cellar floor, between sta. 5 + 34+ and Ste. 5 + 87+. Recommended Damages $4775 Mary N. Hassis, at al (one-third). Probate Vol. 1017, P. 446 and and George H Zoidis Heirs (two-thirds)P.R.of D.,Vol.1330, P. 298 The right to install and maintain a portion of the Kenduskeag Stream interceptor sewer, consisting of a 14 -inch ductile iron pipe and o manhole to be installed underneath the cellar floor of the existing building, between Sta. 6 + 57± and Ste. 7 + 59±. Recommended Damages $150 Bacon Realty Company P.R. Of D., Vol. 2167, P. 287 The right to install and maintain a portion of the Kenduskeag Stream interceptor sewer, consisting of a 14 -inch ductile iron pipe installed underneath the cellar floor of the existing build- ing, between Sta. 7 + 59+ and Sta. 9 + 09+. Recommended Damages $150 Edythe L. Ever P.R. of D., Vol. 2148, P. 839 The right of access along the existing alley at the northerly side of the subject property for the purpose of entering the ad- jacent property asnecessary to install and maintain a portion of the KenduskeagStream interceptor sewer. Retummended Damages $50 There appeared at the time and place set for the meeting Mr. John Cox, representing Curtis Hutchins; Edward I. Gross, Attorney, representing Donald Day, Trustee; Eugene Coughlin, rep- resenting Louis Striar, the owner of the S. A. Maxfield Company property, and also representing John Gillis, who has an interest n the property of Rune, Inc.; Thomas Calderwood, representing the Charles Stetson Heirs; Louis Hassis, representing Marion Hassis et al and George N. Zoidis Heirs; Everett W. Gray, Attorney, representing Devisees of Charles Mcrray, Mrs. Jack I. Lord, Mrs. Carlisle L. Smith, Jr., Mrs, Harry J. Pettipiece, and Mrs. Everett H. Dudley, Jr.; John Bacon, representing Bacon Realty Company; Andrew Pease, representing Webber Realty Company; Paul Rudman,' Attorney, representing Merrill Trust Company, Trustee for J. M. Norris Foundation property occupied by Sears -Roebuck 6 CO.; Marion Ham, representing Merrill Trust Company; Harvey Boyd, representing Boyd Realty Company; Harry Boyd, representing Boyd Realty company; Lloyd Harrison, representing Roman Catholic Bishop of Portland; Sidney Epstein, representing the Intown - 9 Plaza and The Central Equipment Corporation; Phillip F. Kennedy, representing Sears -Roebuck & Company; Wendell Harrington, representing Sears -Roebuck & Company; John T. Frawley, City Engineer, and Mrs. Madaline Leathers, Secretary to the City Engineer. The City Engineer described the reason for the proposed project; that it was required to meet the Federal and State re- quirements for pollution abatement in Kenduskeag Stream, and, when completed, that it would intercept all of the existing sewers, both public and private, which discharge into the Kendnskeag Stream be- tween the Interstate Highway and Kendnskeag Plaza, and would trans- fer such sewage to the treatment plant. He further explained the necessity for obtaining easements from the properties involved, to satisfy Federal requirements prior to the award of construc- tion contract, scheduled for bid opening on April 12, 1972. Me City Engineer then described the specific route of the interceptor sewer as shown on the construction plans and the right-of-way plan, and then outlined the specific details affecting each individual property along both sides of the stream, and answered questions of the various property owners and tenants, as follows: Boyd Realty Company. The sewer will be installed under- neath the cellar floor of the building occupied by Bangor -Merri- field Office Supply by jacking a liner pipe between State Street and the alley behind. the store; the interceptor pipe, which will be of a smaller diameter, will than be installed within the liner Pipe. The primary inconvenience to the property will be the loss a of the rear door loading facilities during the period of instal- lation of the pipe under the building and through the alley to the Sears -Roebuck building. Edward Dalton and Edythe Wee. The pipe will pass to the rear of the buildings occupied by the Paramount Hotel and Lyford & Woodard, owned respectively by the above-mentioned persons. Other than sharing the use of the right-of-way for access, no inconvenience to these properties is foreseen. Sears -Roebuck & Company. The sewer will be located in the rear edge of the cellar floor, against the foundation wall which abuts Kenduskeag Stream, and will occupy a total of approximately 800 cubic feet. It had been previously agreed that the existing shelving and stock will be removed away from the wall for a dis- tance of 12 feet by representatives of Sears -Roebuck, and will be reinstalled upon completion of the a installation. Pay- ment for the removal and installationof theshelving and stock was to be included in the estimate of damages. Entrance is expected to be through the south wall, and it was agreed that - 10 if additional a rity m erequired during construction, that the expenses of such asecurity shall be borne by the city. Abraham Shapero, building on Central Street. The pipe will be located between the wooden floor in the cellar and the concrete floor located approximately 3 feet below. The contractor will remove the floor and toilet room partitions, and, upon completion of the in- stallation, -stallation, will install a new treated wood floor having a plywood surface. Damages will include an allowance for the relocation of the toilet facilities to the second floor, as well as the relocation of toilet facilities in the Bangor Travel Agency cellar to the second floor, since the anticipated hydraulic pressure in the sewer will not permit the toilets to remain at such a low elevation. A provision will be made to permit the connection of the toilet facilities into the new interceptor sewer within the building. Mary Husain and George Zoidia Heirs. The sewer will be in- stalled below the cellar floor by open cutting through the floor. The existing sewer outlet will be connected into the interceptor sewer[ and the portion of the floor removed will be replaced with concrete. The installation of the sewer behind the building may interfere with the occasional unloading of goods to Pearl's Restaurant during the period of construction. Bacon Realty Company. The interceptor sewer will be installed below the cellar floor by cutting and replacing the existing con- crete slab. The two existing sewers which presently discharge into the stream from the building will be connected into the interceptor sewer. The work will be accomplished during the sum- mer months - onths s s to interfere as little as possible with the nor- mal use of the cellar for the storage of automobiles. Merrill Trust Company and the Property of Charles Murray Heirs. The pipe will cross the land owned by Charles Murray Heirs from Basswood Street adjacent t0 the Merrill Trust Bank, said land now being leased to the bank for u a parking lot. The a will then follow the alley past the drive -up window of the bankand will be connected to the existing sewer in Kenduskeag Plaza. Since the grade of the sewer across the Murray property is well below the anticipated elevation of a future building footing or cellar, it was explained that the damage to the fee would be minimal. The bulk of the recommended damages was for the loss of use of the parking lot, and would be equal to approximately two weeks rent payments by the Merrill Trust Company for the use of the property. Attorney Paul Rudman protested the lack of damages for the loss of the use of the drive -up window. Also Attorney Everett Gray - 11 stated that as a representative of four-fifths of the Devisees of Charles Murray, he objected to the location of the sewer through their property, and questioned the ability to construct a tall building on the site over the sewer. The City Engineer expressed the opinion that the height of the building would in no way af@ct the cower, since the piling could be located so as act to interfere with the pipe location, Attorney Gray also protested the damages recommended for the easement through the Murray property. Charles Stetson Heirs. The sewer will be located in the alley between the buildings, extending from Central Street to the property acquired by the Urban Renewal Authority. The City Engineer stated that the location of the pipe would not materially interfere with the future use of the property, and the primary source of the damages would result from the loss of parking and the temporary loss of back -door deliveries for a period of approximately two weeks. Donald Day, Trustee, Kiretein Property. The sewer will be installed below the elevation of the cellar floor of the southerly section of the Kirstein building presently occupied by the Mid - Town Tavern. The contractor will have the option of installing the pipe either by jacking or by open cutting through the cellar floor. If the latter method were used, the existing wooden bins n the cellar will be removed and the cellar floor will be re- placed with new concrete after the pipe is installed. The location of the pipe will have no effect on the building or the future development of the property. The recommended damages include compensation for the loss of parkingcin mthe rear lot bordering Franklin Street for a period of approximately two weeks. Webber Realty Company. The pipe will be located along the back edge of the existing parking area. There are approximately 25 parking spaces along the back edge, but it is estimated that only 10 will be disturbed at any one time. The lower entrance to the parking area from Harlow Court will also be disturbed for a few days as a result of work in Harlow Court. The damages recom- mended are considered to be to the tenant primarily because of the parking lot interference. There is considered to be no damage to the future development of the land asresult of the ewer installation. Mr. Andrew Pease asked if the existing guard - ail would be removed, and the City Engineer indicated that it would be removed and replaced after completion of the work. Mr. Pease alsoaskedif the tenants were invited to attend the hear- inI by letter, and the City Engineer stated that inwar instances letters w eat to only the property owners, but i all in- stances, it was e was suggested that they invite their tenants, - 12 central E t Corporation (1 nd occupied by the farces Plaza and the Maine Employment Security building). The pipe will be located near the bottom of the steep slope behind the build- ings. Concrete cribwoik will be installed above the water line of the stream, so as to provide a terrace in the bank for the installation of the sewer. As a result of the work, the bank will be much more stabilized than at present. Mr. Sidney Epstein asked when the construction would begin, and the City Engineer indicated that the work schedule would not be known until the bids were opened and the contractor had been selected. Mr. Epstein asked if he would be able to continue to discharge the existing stern sewer directly into the stream, and the City Engineer stated that this would be permissible. Mr. Epstein also asked if the parking at the south end of his property would be disturbed, and he was advised that it would be for a short time. Mr. Epstein also asked if the pipe or the manholes would prevent the future con- struction of a building, and the City Engineer indicated that they would not, although the manholes might require modification. Anthony J. Rogers. The sewer will be located on the filled land on the stream side of the existing buildings. The area on the stream side of the most southerly building will be filled, with the pater edge stabilized with cribwork. This area will be loamed and seeded. Also, the existing sewer from the adjacent building will be connected to the new s Since there i presently n city sewer in the area, thwinterceptor will provide service to the entire frontage. Rune. Inc. Since the property owned by Rune, Inc. on the west side of the stream adjacent to Nelson Street is too small for the development of a building, and since the proposed sewer extension on the east side of the stream will follow the travel way of the existing unaccepted street known as Mill Street, no encumbrancesto the property are anticipated and no damages were thus recommended. S. A. Maxfield Company. In a previous conversation o March 27 with Mr. Louis Striar, the owner of the subject property, he indicated his possible intention of dedicating all of his land to the city for park purposes and stated he would give us whatever easement that w required to permit the installation of the sewer. For that reason,nodamages were recommended. - 14 to the amount of reommended damages. Also raising objections to damages were AndrewPease, representing the Webber Realty Company; Paul Rudman, Attorney, representing the John NorriS Trust (building occupied by Sears Roebuck); and representing the Merrill Trust Bank; Mr. L16yd Harrison, representing the Roman Catholic Bishop of Portland; Mr. John Bacon, representing the Bacon Realty Company; Mr. Philip Kennedy, representing Sears Roebuck; Mr. Everett Gray, Attorney, representing the Charles Murray Heirs, was opposed to e the location of the s across their land a well as the amount of damages recommended. Those present w advised that although the easements would be established by eminent domain by Council action, the question of the settlement of damages would be left open. The City Engineer then promised to meet individually with those present to further discuss the recommended damages. After the hearing w adjourned, Me. Harvey Boyd indicated that the actual construction plans of his building would determine the best location for the placement of the sewer. He subsequently furnished the City engineer with a set of plans and the City Engineer promised that the exact location would be determined in the field in conformance with his building plans. on Tuesday, April 4, a meeting was held with Mr. Tom Calderwood representing the Charles Stetson Heirs. In a previous letter to our appraiser, Mr. Paul Atwood, dated March 31, 1972, he had indi- cated that his assessment of the damage to the Stetson property was $5,522.00. It was learned that the bulk of his estimate was based upon a plumber's estimate to connect the plumbing of the building located adjacent to the Kenduskeag Stream into the new interceptor A review of this estimate indicated that it was not real- istic and the City Engineer further stated that the necessity of connecting their plumbing into the interceptor could not be con- sidered as compensable. It was agreed, however, that the closing of the alleyway from Central Street would not only prevent the use of the rear property to the tenants for a period of two weeks for parking but would also prevent back door deliveries, normally used by a number of the tenants. After some deliberation, the City Engineer recommended the payment of $500 as total damage to the Stetson property. Later that same day, Mr. Jerry King, representing Viner's, called, and indicated that he was unable to attend the hearing. The city Engineer explained the project as it would relate to the land adjacent to Viner's, which they currently use as aright-of- way to the rear of their property. Mr. King indicated that it would be necessary for them to have access for delivery trucks - 15 to the rear of their building, and the City Engineer indicated that this could be arranged by a temporary entrance from Aenduskeag Plaza. In a subsequent conversation with Mr. Donald York of the Eastern Trust and Banking Company on Friday, April 14, the City Engineer agreed that the location of the sewer behind the bank property on State Street would not interfere with the proposed loca- tion of an electrical substation .soon to be installed by the Bangor Hydro. no City Engineer further agreed that the pavement would be restored to its original condition after completion of the work, including the application of a sealer to the surface. It was also cognized that the bank was the owner r of the fee in the entire alley to Harlow Street. With regard to their property on Central Street, Mr. York informed the City Engineer that the property had been sold to Mr. Abraham Shapero on April 3, the day of the hearing. On April 20, the City Engineer contacted Mr. Shapero regarding the installation of the sewer through his newly acquired building on Central Street, Mr. Shapero indicated that he was not opposed to the work but that he wished to delay a decision on his accept- ance of the recommended damages until he had sufficient opportunity to evaluate them. It is recommended that the damages as recommended above be e paid, and that the necessary easements asdescribed above and as shown on the subject Right -of -Way Plan be established. II Respectfully submitted, �e��. � 1 John T. Frawley City Engineer JTF:L