Belfast City Manager Joe Slocum, City Council and Mayor,
I understand City Planner, Wayne Marshall is on vacation for some time. The Assistant Planner, Sadie Lloyd can certainly email the mandatory findings of fact requested below to me and my neighbors, Charles Beck and Rose Costello (emails are in the cc). This is a FOAA request, please email the documents within 5 days.
The public document, mandatory Findings of Fact from the Belfast Planning Board Comprehensive Plan approving Seaview Terrace, currently zoned r2 zoned residential single family neighborhood into a zone r3 housing and healthcare.
Sincerely,
Laurie Allen
17 Seaview Terrace
Belfast Maine 04915
Maine Law Comprehensive Plan Contract Zoning: A Flexible Technique for Protecting Maine Municipalities
http://mainelaw.maine.edu/academics/maine-law-review/pdf/vol24_2/vol24_me_l_rev_263.pdf
Pg 263- “It should be understood at the outset that the phrase “contract zoning” is simply a convenient term of art. It has no legal significance in and of itself but merely refers to a reclassification of a land use in which the LANDOWNER AGREES PRIOR TO A ZONING AMENDMENT, TO PERFORM CONDITIONS NOT IMPOSED ON OTHERS IN THE SAME ZONING CLASSIFICATION.”
Pg 265- “A comprehensive plan should encourage as well as REGULATE future development. If the CLASSIFICATION is not restrictive enough, an UNDESIRABLE proposal may be presented which cannot be denied by the municipality.”
Pg 266-67 “An obvious solution to the inflexibility of traditional zoning would be to consistently update the comprehensive plan of each municipality. Indeed, the desirability of such a continuous updating of comprehensive plans was impliedly recognized by the Maine legislature when it characterized the comprehensive plan as a “process” rather than as a static concept of municipality's future. To do so requires a professional staff of land planners and attorneys, who are continuously proposing modifications...”
“However, even if a municipality is WILLING AND ABLE TO FINANCE SUCH A PROFESSIONAL STAFF, the desired flexibility is still not assured. A PLANNING BOARD, WHICH IN MAINE IS GENERALLY COMPRISED OF LAYMAN, MUST UNDERSTAND, BE PERSUADED AND APPROVE ANY PROPOSED CHANGES IN THE PLAN. The procedure is further complicated and delayed by the statutory requirement that “that the public shall be given and ADEQUATE opportunity to be heard.”
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2nd request
| Sent: | Tue 6/10/14 7:26 AM |
City Manager Joe Slocum, Belfast City Council and Mayor,
See below this email(edit here on blog it is above-blue link) for supporting Maine Law. Using an excuse not to provide this public information until City Planner, Wayne Marshall returns. Assistant Planner, Sadie Lloyd can access the findings of fact with the planning boards approval within the 5 days FOAA which concludes Friday 6/13/14. With that information and the proposed ordinance changes to rezone Seaview Terrace to an R3, please place this on the agenda for discussion on Tuesday, 6/17/14. That is the last City Council meeting before the public hearings to rezone us on 7/2/14 and we have yet to receive public documents.
It is IMPERATIVE that Seaview Terrace residents and Council review the Planning Boards documented approvals at the 6/17/14 City Council Meeting to validate legality for the proposal to rezone residential Seaview Terrace to R3- Healthcare and Housing. As I questioned the very same at open to the public in the 6/3/14 City Council Meeting as did Seaview Terrace neighbor, Charles Beck. I asked to be slated on the 6/17/14 agenda and am requesting confirmation that we will be on that agenda. If the findings do not support the proposed rezoning to R3, WE MUST BE INCLUDED IN TO THE PUBLIC HEARINGS FOR RESIDENTIALII REZONING INTO RESIDENTIAL1. WE MUST BE ON THAT AGENDA TO PARTICIPATE IN THE APPROPRIATE PUBLIC HEARINGS.
Per Maine law cited below- the planning board had to approve these changes prior to going out to public hearing. City Manager Joe Slocum is delaying "adequate" public review through misleading information. Per his 6/9/14 email and past difficulty in receiving true documents, Joe Slocum is delaying any RESPONSE until 6/17/14- which could entail anything- such as- still looking, have to dig deep in our files, we have 4 thick files for you to sift through- good luck looking... City Manager, Joe Slocum, 6/9/14 email- "First the Planning Board will conduct Hearings and reflect on what they wish to recommend. As you noted the City Planner is away until later this week and when he gets back I will follow up with you. You should expect a response from me within 5 business days from Tune 11, 2014.
I will find out if there are any printed "findings" at any stage of this Comprehensive Planning Process. If we have them and we can copy them then we will print them up for you at our standard photo copying rate for these request.
And more uncertainty from our City Council Rep, Mary Mortier:
5/27/14 Email from Seaview Terrace ward City Council and Real Estate Agent Mary Mortier:
Laurie,
The information is suppose to be available approx.June 11th for everyone inside the bypass to be able to review before the 3 public hearings. Printed copies will be available at City Hall & the Library. The city website will also have the information. The 1st. Public hearing is June 25th at Troy Howard for Res. 1.
The other 2 public hearings will be in July.
Mary Mortier
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