Tue 8/26/14 8:55 PM
City Council, Mayor, City Manager Joe Slocum, Mandy Olver (Seaview Terrace Engineer), and Cyndy Mackey(EPA),
At the work shop this evening for Seaview Terrace (not taped), City Attorney Bill Kelly referenced Title 17- it is criminal to send accumulated water to another. The plans to channel more puddled water to me is criminal.
Kelly did not mention Title 38. The big one. Mandy Olver can certainly share with Cyndy Mackey the impact and erosion to Seaview Terrace which is not a natural outlet, we are a flood plain, flood zone private property. We are the recipient of massive forced runoff and melt off from miles outside of Seaview Terrace with no rights of ways or easements, from all the City of Belfast human activity .
The 1939 map is further proof. Section 40- the farm house is still on the corner of Northport Ave and the now Seaview Terrace. No stream, not even a ditch.
To the right of the red 40 is the still standing farmhouse on the corner of Northport Ave and Seaview Terrace. THERE IS NO STREAM ON THIS PROPERTY- NOT EVEN A STINKING DITCH. NO NATURAL OUTLET.
The tell tape is where my 2 ft wide- 1 ft deep private property drainage ditch was. No stream- just a ditch like the 2 on each side of my house. That spring melt, rapids expanding 12 ft wide over 4 ft deep would come crashing through for over 10 days. Good bye yard. Good bye new life.
Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL
§420-C. Erosion and sedimentation control
A person who conducts, or causes to be conducted, an activity that involves filling, displacing or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into a protected natural resource as defined in section 480-B. Erosion control measures must be in place before the activity begins. Measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken and the site must be maintained to prevent unreasonable erosion and sedimentation. [1997, c. 502, §1 (AMD).]
A person who owns property that is subject to erosion because of a human activity before July 1, 1997 involving filling, displacing or exposing soil or other earthen materials shall take measures in accordance with the dates established under this paragraph to prevent unreasonable erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8. Adequate and timely temporary and permanent stabilization measures must be taken and maintained on that site to prevent unreasonable erosion and sedimentation. This paragraph applies on and after July 1, 2005 to property that is located in the watershed of a body of water most at risk as identified in the department's storm water rules adopted pursuant to section 420-D and that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8. This paragraph applies on and after July 1, 2010 to other property that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8. [1997, c. 748, §1 (NEW).]
This section applies to a project or any portion of a project located within an organized area of this State. This section does not apply to agricultural fields. Forest management activities, including associated road construction or maintenance, conducted in accordance with applicable standards of the Maine Land Use Planning Commission, are deemed to comply with this section. This section may not be construed to limit a municipality's authority under home rule to adopt ordinances containing stricter standards than those contained in this section.[1995, c. 704, Pt. B, §2 (NEW); 1995, c. 704, Pt. C, §2 (AFF); 2011, c. 682, §38 (REV).]
Title 17: CRIMES
Chapter 91: NUISANCES
Subchapter 3: PARTICULAR NUISANCES
§2802. Miscellaneous nuisances
The erection, continuance or use of any building or place for the exercise of a trade, employment or manufacture that, by noxious exhalations, offensive smells or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or of the public; causing or permitting abandoned wells or tin mining shafts to remain unfilled or uncovered to the injury or prejudice of others; causing or suffering any offal, filth or noisome substance to collect or to remain in any place to the prejudice of others; obstructing or impeding, without legal authority, the passage of any navigable river, harbor or collection of water; corrupting or rendering unwholesome or impure the water of a river, stream, pond or aquifer; imprudent operation of a watercraft as defined in Title 12, section 13068-A, subsection 8; unlawfully diverting the water of a river, stream, pond or aquifer from its natural course or state to the injury or prejudice of others; and the obstructing or encumbering by fences, buildings or otherwise of highways, private ways, streets, alleys, commons, common landing places or burying grounds are nuisances within the limitations and exceptions mentioned. Any places where one or more old, discarded, worn-out or junked motor vehicles as defined in Title 29-A, section 101, subsection 42, or parts thereof, are gathered together, kept, deposited or allowed to accumulate, in such manner or in such location or situation either within or without the limits of any highway, as to be unsightly, detracting from the natural scenery or injurious to the comfort and happiness of individuals and the public, and injurious to property rights, are public nuisances. [2005, c. 397,Pt. A, §11 (AMD).]
Sincerely,
Laurie Allen
Also in this work shop was the bomb shell from Mandy Olver of Olver Engineers. Her firm read my blog about the corruption at the Captain Albert Steven's School site conditions of approval. Joe Slocum refused to respond my request for the impact study and engineers report. After a year, I was still requesting that, and he finally responded they were not done. That was in 12/2012. Mandy Olver stated tonight that she was the engineer and she did the study and report. Joe Slocum is sticking to his lie. His response after I re-requested with Mandy's confession (Joe was there and clearly heard it) was he responded back in 12/2012.Below is the history (copied from another post)
The
school (CASS) storm runoff was never approved to flow to the watershed
residents ( encompassing 1 mile wide 2 miles down). My property's dry
small 1 ft high 2 ft wide ditch turned into wild, torrent, rapids for a
week in my first spring, 3/2011. Weeks later, it was 4-5 ft deep and
close to 12 ft wide. Over 1/4 of my property was ripped away with it -
video in the City Council meetings tab. City Hall doors slammed shut on
my fingers. The cover up began, water does not lie, City Hall does. I
began following the water and asking for maps and development plans in
4/2011. All proving public documents with held, manipulated, or not
existing. The sickest tactic City Hall uses is that they have given me
the documents, will give them to me again but that I am too stupid to
read them. Yet, they refuse to allow an independent official to validate
that the true documents were given.
The CASS file had ALL stormwater documents removed prior to my "appointed" viewing- and I mean all. I spent 4 hours under Planning supervision going through every paper in the over flowing huge files, at least 4. My daughter was ill, and with me. She laid her head on the lower counter where City Planner, Wayne Marshall would slam the half door trying to disturb her and anger me. The viewing conditions there were crammed, intense and difficult. A local contractor had come in while I was there and I knew him from my childhood in neighboring Bayside, Maine.. XXX XXXXX said this was bad. He had read about me in the paper. He also needs Planning cooperation for his business. Like many in town. I saw the sadness in his eyes telling me he could not help me. No words, needed, I understood. I was on my own against the thugs.
I found one 10 page document from WBRC engineers, stating the runoff was to go to the bay via Miller St (the approved route all hidden from me) I asked for a copy of this one document, and was told to come back the next day for it, but call first to tell them exactly when I was coming. I came the next day but did not alert City Planner, Wayne Marshall. I only got 9 pages of the 10 page document. The page stating storm water to flow to Miller St was NOT copied. (Later I called WBRC and they refused to give me a copy of the document).
City Hall did not know when I was coming in to get the copies. City Planner Wayne Marshall was not hovering, was not even in the office. I asked the administrative assistant, Marie Stalworth to let me see that original document. She could not find it. I asked her to let me see the files again. That document was now missing from the file but A BONANZA of storm water documents were back in the files. The 28 acre site was wetlands- found were Army Corp, DEP, residents concerns, engineers reports, emails, a slew of other with held documents. I had to work fast before Wayne came back. I quickly pulled some damning documents and asked for copies on the spot.
At this point I was crying and shaken at the sheer corruption and evil treatments from Wayne Marshall, Joe Slocum, City Council Mike Hurley, Zoning and Code Officer Tod Rosenburg. The knowing of the torture to silence me, that laid ahead to save my home, my only asset, recently unemployed, no savings, and now forced to shell out 2k in undisclosed flood insurance, was frightening, would this break me? This was my time to heal and nurture my children with full attention and stability.
Administrative assistant, Marie could not refuse me. For the City to do this to employees and residents beholding to them is disgust in the lowest form. I see it in all their eyes, there are many more. Who would think that 3 years later, I am still begging for infrastructure as City Hall takes the 5th and City Manager-Joe Slocum, and City Planner- Wayne Marshall shoot me over and over. City Council refused to investigate, aided and abetted in the deception and slander. In fact, City Council called me in as a threat to the Chief of Police. Then, the City Attorney would step in with sending intimidating letters, telling me not to come to meetings to speak, stating that City officials have been instructed not to respond to me, trying to force me into a legal battle, stating I must get legal counsel to speak for me, and that I was harassing them, see www.belfastbullies3. blogspot.com for his letters. He said as City Officials they have a decorum to maintain...
One of the documents I took was the Captain Albert Stevens School (or Belfast Elementary School) Site Plan & Use Permit Adopted Conditions of Approval, Final Approval of November 20, 2002 & Amendment #1 to Approval of January 15, 2003 Amendnment #2 to Approval of April 9, 2003.
#11 Addresses storm water analysis study implementation to the water shed residents, and engineers report and follow up after completion, and upgrades to Miller St to take all site runoff to the bay. Since 2011, I had asked for the reports and finding for these and was ignored. Flat out ignored and City Council and City Hall took the 5th ordered by the City Attorney, Bill Kelly. I'm holding the certified receipt of the request signed by Joe Slocum. I sent the requests, over and over for 3 years, relating the same in 20 meetings. Maine Freedom Of Information Attorney General's office, Brenda Kielty was useless. In 12/2013, City Manager Joe Slocum finally responded (full email above tab- 12/4 pictures and Joe Slocum's deceptive...) stating that the site permit conditions had been violated and were not fulfilled. The conditions that would have protected the residents from the corrupt slaughter of water illegally sent to private property and bypassing the approved sewer and 1 1/2 million improvements to that sewer on Miller St. Add in all the illegal snow piling and melting.
City Hall, City Council, some Realtors, and some residents are offended by ME ?? City employees are advised not to help me, some neighbors are upset because I have publicized that our properties are destroyed and dangerous from City slaughter. Other residents who don't want to help, don't care, and want window dressing and recreation because that will increase THEIR home values have some have stated cruel online words against my facts- and the businesses, they have their hands out all the time for our tax dollars. I would think these businesses are threatened with my protesting and dislike me as well. Belfast Bicycles and Upper Cut Hair Salon are kind to me. No movies, it is owned by City Council Mike Hurley. I'm a lone mom, standing up against the corrupt bullies of City Hall and Realtor.
In the meeting I read through the 3 of many conditions violated, a permit never should have been issued. Here they are. In bold blue is City Manager Joe Slocum's response- full emails above click on tab 12/4 pictures and Joe Slocum deceptive response...) 3 years later and with out one concern but visible anger instead for my whistle blowing of the destruction and danger, of the City Water Slaughter to Seaview Terrace. 1 inch of runoff is 1 foot of water to Seaview Terrace up to 3 inches (that I have been able to measure.) Past 3 inches, and can happen at ANY event, it will surely be higher and we're slaughtered by their water. City Manager, Joe Slocum refuses to place us on the radar of Waldo County Emergency Management (that 3/2012 meeting below) It is clear that they will come in for Inverse Condemnation after their slaughter by water to Seaview Terrace.
Inverse condemnation is a term used in the law to
describe a situation in which the government takes private property but
fails to pay the compensation required by the 5th Amendment of
Constitution. In some states the term also includes damaging of property
as well as taking it. In order to be compensated, the owner must then
sue the government. In such cases the owner is the plaintiff and that is
why the action is called inverse – the order of parties is reversed, as
compared to the usual procedure in direct condemnation where the
government is the plaintiff who sues a defendant-owner to take his or
her property.
The taking can be physical (e.g., land seizure, flooding, retention of possession after a lease to the government expires, deprivation of access, removal ofground support) or it can be a regulatory taking (when
regulations are so onerous that they make the regulated property
unusable by its owner for any reasonable or economically viable
purpose). The latter is the most controversial form of inverse
condemnation. It is considered to occur when the regulation of the
property's use is so severe that it goes "too far," as Justice Holmes
put it in Pennsylvania Coal Co. v. Mahon,
260 U.S. 393 (1922), and deprives the owner of the property's value,
utility or marketability, denying him or her the benefits of property
ownership thus accomplishing a constitutionally forbidden de facto
taking without compensation.
Unfortunately, the U.S. Supreme Court has not elaborated on what "too
far" is, and the doctrinal basis for its jurisprudence has been widely
criticized...
Captain
Albert Stevens School (or Belfast Elementary School) Site Plan &
Use Permit Adopted Conditions of Approval, Final Approval of November
20, 2002 & Amendment #1 to Approval of January 15, 2003 Amendnment
#2 to Approval of April 9, 2003.11. Storm Water Management: The applicant shall construct all storm water management improvements to specifications identified on the approved Site Plan prior to issuance of an occupancy permit. Further, the applicant shall maintain all storm water facilities in good working condition.
The applicant also shall comply with the following additional conditions regarding the storm water management system.
11.1 The applicant shall either: a)Provide the City a letter from a licensed civil engineer certifying that the storm water improvements were constructed in accordance with Site Plan requirements; or b) Pay the City the cost to employ a City inspector to inspect construction of the storm water improvements. The applicant shall identify its preferred option when a building permit is requested. If the applicant chooses option b), the applicant shall pay the City, upon issuance of the building permit, the estimated cost of such inspection services.
City Manager, Joe Slocum 12/2013 "I cannot find, nor am I able to identify any letter from a licensed engineer or reports for the City Engineer that all storm water work was done as represented.
11.2 The applicant shall pay the City's cost to construct upgrades to its storm water system on Miller Street to accept additional storm water flows from the project site. This cost shall be $9,4331, and shall be payable upon issuance of a building permit for the project. Reference Letter dated November 4, 2002 from Wayne Marshall, City Planner, to Paul Luttrelle, SAD 34, and an accompanying letter from Mandy Hallway-Olver, Olver Associates, City Engineer, for an explanation of this fee.
11.3 The applicant shall pay a storm water impact fee of $5,000 to the City to better enable the City to conduct an analysis of the storm water drainage basin for the area located between Lincolnville Avenue and City Park. This impact fee shall be payable upon issuance of a building permit. The City shall hold this amount in escrow, and, if the City does not use the monies within 10 years from the date of issuance of the building permit, the City shall return these funds (with interest) to the applicant. The City shall only use these funds for the purpose of conducting an assessment of storm water concerns in this area, or constructing storm water improvements in this area. Further, by paying this impact fee, the applicant is held harmless from any requirement to construct any off-site storm water improvements. Reference letter dated November 4,2001 from Wayne Marshall, City Planner, to Paul Luttrelle, SAD 34, for an explanation of this impact fee.
City Manager, Joe Slocum, 12/2013 - "I am unable to locate any offsite drainage study relating to Captain Albert Stevens School. To the best of my knowledge the study was never done as referenced in the conditions of approval dated November 20, 1002 and again on November 15. 2003.
I acknowledge your request to meet with specific people to review these documents. I'm denying that request. The freedom of information law does not let you decide who you will accept as a monitor during your document inspection.
Here is my response to your request. I hope it is helpful." Joseph Slocum, Belfast City Manager
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