| From: | LAURIE ALLEN (laurieallen55@msn.com) |
| Sent: | Sat 5/31/14 8:02 AM |
| To: | John Krinjak (jkrinjak@wabi.tv); news@pressherald.com (news@pressherald.com); news@penbaypilot.com (news@penbaypilot.com); acurtis@bangordailynews.com (acurtis@bangordailynews.com) |
| Cc: | chief@belfastmepd.org (chief@belfastmepd.org); jb@frontstreetshipyard.com (jb@frontstreetshipyard.com); jgiles@penquis.org (jgiles@penquis.org); ward1councilor@cityofbelfast.org (ward1councilor@cityofbelfast.org); ward2councilor@cityofbelfast.org (ward2councilor@cityofbelfast.org); ward3councilor@cityofbelfast.org (ward3councilor@cityofbelfast.org); ward4councilor@cityofbelfast.org (ward4councilor@cityofbelfast.org); ward5councilor@cityofbelfast.org (ward5councilor@cityofbelfast.org); mayor@cityofbelfast.org (mayor@cityofbelfast.org); jslocum@cityofbelfast.org (jslocum@cityofbelfast.org); Governor (governor@maine.gov); brenda.kielty@maine.gov (brenda.kielty@maine.gov) |
| Media, FYI to the proposed final slaughter to Seaview Terrace, Belfast Maine. More onwww.boycottbelfast.blogspot.com www.mrbillohnoo.blogspot.com www.belfastliars.blogspot.comwww.belfastbullies.blogspot.com www.belfastbullies2.blogspot.com www.belfastbullies3.blogspot.com Thanks, Laurie Allen, 17 Seaview PERISH, Belfast, Me (See CC's for government informed) |
https://en.wikipedia.org/wiki/Inverse_condemnation
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 of ground 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. But it has articulated three situations in which inverse condemnation occurs. These are (a) physical seizure or occupation, (b) the reduction of the regulated property's utility or value to such an extent that it is no longer capable of economically viable use, and (c) where as a precondition to the issuance of a permit, the government demands that the regulated owner convey property to the government even though there is no rational nexus between the owner's activity's impact on public resources, and the owner's proposed regulated use, or where the extent of the exaction is not proportional to the effect of the owner's activities (Nollan v. California Coastal Commission and Dolan v. City of Tigard).
Comprehensive Plan is the extermination of Seaview Terrace. Just as I have been saying, slaughtering us to render our properties worthless and then they take it. Inverse Condemnation. City Planner, Wayne Marshall is painting the long established, ONLY single residence, 12 homes on Seaview Terrace as "Urban". While painting the "Urban" Wight Street as all single family. Not- has business's. Planning Board (prior Chairman for ever) Roger Pickering lives on Wight St! Marshall is pushing for sidewalks on Wight St. in this plan too. He is delaying public display of plan, claiming board is fine tuning and he is on vacation this week. Mary Mortier our ward Council and real estate agent is dodging questions. Plan is to manipulate the plan to the last minute, keep the public confused, fulfill legal responsibility for public hearing. And separate us.
Most of in-town going into new zone RI and will only be concerned with their setbacks and changes. Allowing for diversion as Wight St down to Janis Stone Interiors gets ripped out of residential, into Housing and Healthcare. Methadone Clinics could be a neighbor- 25 ft set back on half acre- 25 side. Four properties (of course the only ones with the City forced river running through them) on Seaview are available. CLEAR PLANS TO ERADICATE HOUSING ON SEAVIEW TERRACE. Regardless of legality. Proven corrupt again and again, sites approved not meeting conditions of approval. CASS the true slaughter to all residents in the watershed. Seaview is the first to be hacked and working their way in. They are moving the Public Works on Congress St., blowing tax dollars on City buildings, wants and business. Nothing for residents because they are squeezing us out.
STOP THEM NOW. PROTEST THE PLAN, YOU WILL BE NEXT. Lawsuits will bankrupt Belfast. The mil rate 25? Taxes, flood insurance in the bypass, schools mismanaged and in failure mode, who will buy? No one. Perfect for the takeover. Slow choke but deadly. Hear what I have been proving for 3 years. If this goes through, precedence is set. Save Seaview Terrace and you save yourself as well. The rest of the plan is paving the road to Germany. Intentional small print on line, I forced them to email me the R3 preliminary plan. Mary Mortier wouldn't help us.
Without immediate public outrage, email Slocum and Council- (cc me- laurieallen55@msn.com), a business boycott on Belfast may become the focus. Businesses and recreation wants have been trampling over Seaview Terrace. Cruel and indecent greed while we are exterminated. Hospital is "likely" staying?? The Plan is set. This is pivotal. Delay is too late.
RESIDENTIAL 3 AREA
“HEALTH CARE & HOUSING”
Goal: To provide an area in which health care facilities/offices and professional offices are recognized as a primary use, and to establish this area near Waldo County General Hospital.
Past, Current & Future Use
Waldo County General Hospital and the many physician offices that have developed near the Hospital are now the prime uses in this area. The Hospital underwent a significant expansion in the late 1990’s and continues to expand. It is one of the key reasons people, particularly retirees, from other areas in Maine and other states choose to live to Belfast. Other health care facilities, such as the Tall Pines Rehabilitation Center and Mid-coast Mental Health Services are also located in this area. The Hospital likely will remain a key part of the City’s fabric and it is important to allow reasonable opportunities for the development of new health care related facilities, particularly offices for physicians who want or need to be located near the Hospital. It is noted that these active uses generate considerably more vehicular traffic than residences, and such traffic could adversely affect the desirability of the area for future housing development.
While the Hospital is the primary use, housing remains a significant type of development in the area. Sea View Terrace is a long established urban neighborhood, and single-family residential housing remains the predominant use on Wight Street. Publicly supported housing, such as Penobscot Terrace, Coastal Enterprises, and Huntress Gardens, also is located in this area. While the City believes much of the current housing will remain, in the longer term, more of the current single family houses likely will be converted into professional offices, and some of the limited amount of available land may similarly be used for offices. The City believes it is appropriate to allow new housing in the area, and there is a limited amount of land along Wight Street to accommodate such, but it wants current and future residents in this area to recognize that a health care office or facility likely could become their neighbor.
The main goal for this area is to allow uses that support the delivery of health care services. Thus, it is important that the City ensure that other types of nonresidential uses, such as retail and non-health care service providers, not be permitted in this area. The City now allows such uses in many areas of Belfast, and the limited amount of land in this area is too critical to the primary goal to encourage other types of nonresidential uses.
The City views this area as a critical ‘Growth Area’ to support health care operations and facilities for Belfast and all of Waldo County. The area also can support limited amounts of residential growth.
Recommendations
Permitted Uses
(Examples of Main Uses)
1) Hospital/Health Care Facilities
2) Professional Offices & Health Care Offices
3) Single-Family & Two-Family Residences
4) Congregate Care & Elderly Housing
5) Home Occupations, Small Scale (low impact)
6) Bed & Breakfast
7) Municipal & County Uses
8) Schools, Churches, Day Care Centers & Similar Uses
Minimum Lot Size
1) ¼ acre – 10,000 square ft for
single-family or two-family (sewer)
2) ½ acre – 20,000 square feet for single-family and 1 acre for
two-family (septic)
3) ½ acre for nonresidential uses (such as offices & municipal
buildings)
4) 60 feet street frontage for residential and 100 feet for
nonresidential
Density (Number of
Housing Units per Acre)
1) 4 single-family units per acre (sewer)
2) 2 single-family units per acre (septic)
3) 8 two-family (duplex) units per acre (sewer)
4) 2 two-family (duplex) units (1 structure with 2 units) per acre
(septic)
5) 0 multi-family units per acre as multi-family is a prohibited use
6) There is no specific density standard for congregate or elderly
housing units
6) No specific restriction is proposed regarding the amount of lot
coverage for either a residential or a nonresidential use.
Setbacks (Distance Structure must be Located from a
Lot Line)
1) Front setback is usually 25 feet for houses,
but potential opportunities for variable front setbacks on Wight
Street if houses in the vicinity have a consistent amount of setback
from the street that is less than 25 feet.
2) Front setback (structure) for offices, health care
facilities, and other permitted nonresidential uses of 25 feet with
appropriate landscape buffers.
3) Side setback of 15 feet for residences and 25 feet for
offices and other nonresidential uses, with appropriate landscape
buffers required for nonresidential uses.
4) Rear setback of 15 feet for dwelling unit and 5 feet for detached
accessory structure to a residential unit, and 25 feet for offices
and other nonresidential uses, with appropriate landscape buffers
required for nonresidential uses.
Major Changes Compared to Current Requirements
- This is a new area that replaces the current Health Care District, and includes a portion of the area that is now in the RES-2 zone. The goal is to ensure there is a targeted area within the by-pass in which offices and health care facilities are permitted, and at the same time, greatly reducing the amount of area in which such uses are now allowed. The current Residential II and Residential Growth zoning districts allow professional offices and health care facilities anywhere in the districts. It was deemed that this approach creates a potential for conflict with a number of residential areas, and that this approach results in office uses being scattered through-out the community rather than concentrated near the Hospital.
- Potential use of variable front setback requirement in limited areas.
- An increase in the amount of side and rear setback requirements for nonresidential structures; 15 feet is increased to 25 feet.
Other Issues & Ideas To Consider
1) Encourage
extension of sidewalks, particularly on Wight St. Wight Street
should be a high priority for new sidewalk construction.
2) Encourage extended pavement shoulders for main streets so such can
also serve as bike lanes. The City has created this type of pavement
shoulder on Northport Avenue, and a similar type of pavement shoulder
could be appropriate for Wight Street.
3) Encourage planting of street trees.
4) Examine how stormwater is managed through-out the area. City
often lacks adequate stormwater facilities. This is a significant
neighbor-to-neighbor issue and could hinder the development of
professional offices in the area. Relying mostly upon on-site
stormwater management is both expensive and land consumptive for many
uses.
5) Consider establishing better quality performance standards,
particularly with respect to requirements regarding landscaping,
lighting and noise, with the intent of minimizing the amount of
conflict between nonresidential uses and residential uses which often
are located side-by-side. Past concern has been raised at Planning
Board public hearings regarding operations at Waldo County General
Hospital.
From: | Wayne Marshall (planner@cityofbelfast.org) This sender is in your contact list. |
| Sent: | Fri 5/30/14 9:49 AM |
| To: | LAURIE ALLEN (laurieallen55@msn.com) |
Proposed Residential 1 zoning district - June 25
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