ATTORNEY BILL KELLY'S LETTER @ www.belfastbullies3. blogspot.com SAYING I WAS
HARASSING CITY EMPLOYEES BY DEMANDING TO SEE THIS ORDINANCE FOR OVER
1 YEAR!!
And much of this forced runoff is polluted- miles of Rte 1 highway, local roadway, parking lots, roofs, the toxic Muck- and more. I don't go in the woods to follow more water- bang, bang- Oh my, thought she was a deer.
Stormwater and all other unpolluted drainage may be discharged to such sewers as are specifically designated as storm
sewers, or to a natural outlet approved by the city. Industrial cooling
water or unpolluted process waters may be discharged, on approval of
the city, to a storm sewer or natural outlet, if in accordance with regulations of the state department of environmental protection.
(Ord. No. 45-1999, § 600.2, 2-1-2000)
Except as provided in this article, no person shall discharge or cause
to be discharged any of the following described waters or wastes to any
public sewer:
(1)
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).
(2)
Any waters or wastes which contain fats, grease or oil, or other
substances in excess of 100 mg/l, whether emulsified or not, that will
solidify or become viscous at temperatures between 32 and 150 degrees
Fahrenheit.
(3)
Any waters or wastes containing soluble fats, grease or oils, whether
emulsified or not, exceeding an average 100 parts per million, which, in
the opinion of the city, may overload or inhibit the pollution control
facility's processes.
(4)
Any gasoline, benzene, naphtha, fuel oil, mineral oil, or other flammable or explosive liquid, solid or gas.
(5)
Any noxious or malodorous gas such as hydrogen sulfide, sulfur dioxide
or nitrous oxide, or other substances which, either singly or by
interaction with other wastes, are capable of creating a public nuisance
or hazard to life or of preventing entry into sewers for their
maintenance and repair.
(6)
Any garbage that has not been properly shredded. The installation and
operation of any garbage grinder equipped with a motor of three-fourths
horsepower or greater shall be subject to the review and approval of the
city.
(7)
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastic, cardboard, wood, paunch manure, hair and
fleshings, entrails, lime slurry, lime residues, beer or distillery
slops, whey, chemical residues, paint residues, cannery waste, bulk
solids, or other solid or viscous substance capable of causing
obstruction to the flow of the sewers or other interference with proper
operation of the sewage works.
(8)
Any waters or wastes, acid and alkaline in reaction, having corrosive
properties capable of causing damage or hazard to structures, equipment
and personnel of the sewage works. Free acids and alkalis must be
neutralized at all times, within a permissible pH range of 6.0 to 9.5.
(9)
Radioactive wastes or isotopes of halflife or concentrations as may
exceed limits established by the city in compliance with applicable
state or federal regulations.
(10)
Quantities of flow, or concentrations of any wastewater constituent, or both, which would constitute a slug.
(11)
Any stormwater, roof drainage, spring water,
cistern or tank overflow, footing drainage, or discharge from any
vehicle wash rack or water motor, or the contents of any privy vault,
septic tank or cesspool, or the discharge of effluent from any air
conditioning machine or refrigeration unit.
(12)
Any waters or wastes containing a toxic or poisonous substance, high
chlorine or oxygen demand, or suspended solids in sufficient quantity to
injure or interfere with any sewage treatment process, constitute a
hazard to humans or animals, or create any hazard or violation in the
receiving waters or effluent of the city's sewage treatment plant, or
contaminate or restrict the final end use of the treatment plant's
sludge residuals. Such toxic substances shall be limited to the average
concentrations listed in this subsection in the sewage as it leaves the
building sewer, and at no time shall the hourly concentration at the
sewage treatment plant exceed three times the average concentration. If
concentrations listed are exceeded, individual establishments will be
subject to control by the city in volume and concentration of wastes
discharged.
_______________________________________________________________________________Below are early emails and only a fraction. City Planner Wayne Marshall had sent enormous responses with zero factual content. Posting those would put you in a coma. Note, the rapids came crashing through my yard in March and April of 2011 and began the door slamming at City Hall. The last thing we needed for our safety was to be public. They counted on that and by 11/1/2011- then Mayoral candidate and neighbor Jim Connors- goaded me into going public. Heil Hurley blew a gasket- see meetings for his take down of me on TV- I'll post his rant at then end of this page. It was just the beginning of kick Laurie Allen until she can't get up anymore.
| From: | LAURIE ALLEN (laurieallen55@msn.com) |
| Sent: | Wed 8/03/11 7:25 AM |
| To: | mayor@cityofbelfast.org |
FYI- Mr. Marshall's offer to come here with Mr. Richards and "re-iterate" that the City did not divert any storm water is a waste of my time and patience. Mr. Cabot at the DEP is concerned about the drainage from the Rte 1 bypass, The Capt. Al School and the Hospital.
It is very frustrating that I hit block after block, 3 months and counting yet the construction of world class shipyard with approvals and City meetings transpired within 6 months.
Sincerely,
Laurie Allen
From: laurieallen55@msn.com
To: planner@cityofbelfast.org; laurieallen55@msn.com
Subject: RE: Stormwater Status??
Date: Thu, 23 Jun 2011 10:39:36 -0400
Dear Mr. Marshall,
Thank you for your response. I gave you my concerns and what I know are issues. Your reiteration of the City not being accountable for any of the drainage that clearly required at minimum, City Planning approval, is simply put, outrageous. Meeting one on one is not appropriate, other reisdents wish to be present with Mr. Cabot.
Sincerely,
Laurie Allen
Date: Thu, 4 Aug 2011 16:06:18 -0400
Subject: Letters of Concern to Mayor Ash
From: citymanager@cityofbelfast.org
To: laurieallen55@msn.com
CC: councilors@cityofbelfast.org; planner@cityofbelfast.org; publicworks@cityofbelfast.org
Dear Ms. Allen,
Thank you for your recent letters sent to the Mayor over your drainage concerns and other neighborhood matters. I will review these matters next week and will try to make arrangements to speak to you directly. In my review I will speak with many City employees including Bob Richards who is away on vacation until next week. I will not be able to understand or appreciate your concerns without an opportunity to come to your property with you and have you show me what it is that you are concerned about. I will try to schedule a time that is convenient for you. I have looked at many drainage issues in the City over the last 4 years.
I do note that I have just found out that there is already a meeting scheduled on Friday August 26th at your home to discuss this. Normally, if a citizen or an elected official has a problem with the way Staff is handling something it is referred to the City Manager for review.
It has now been properly referred to me by the Mayor. I will leave it for you to decide whether you want me to come earlier than August 26th or not. One meeting would seem to make sense but I will indeed try to have a second meeting with just me if that is what you would like.
Thank you,
Joe Slocum
From: laurieallen55@msn.com
To: citymanager@cityofbelfast.org
Subject: RE: Letters of Concern to Mayor Ash
Date: Fri, 5 Aug 2011 09:09:58 -0400
Dear Mr. Slocum,
I apologize for not contacting you directly. I have been in heavy communication since May and would have appreciated Mr. Marshall directing me to you when I was clearly not accepting Mr. Marshall's responses. I have requested a copy of the City storm drainage to Seaview Terrace and my property on the wall in the office that Mr. Marshall showed me since May. Mr. Marshall, Mr. Rosenberg and Ms. Delune have all said I can have a copy and to date, no copy. I want that map, how do I get it? Basic drainage questions I have presented will not be answered in writing.
I have not been formally notified of this meeting. All residents of Seaview Terrace are affected and were to be formally notified of the meeting. The time of the site visit meeting is requested to be after hours when all can attend, followed by a meeting at City Hall that has been slated on the agenda and taped. Chris Cabot from the DEP is to be notified of this meeting. The WCGH is to be invited and Mike Hogan. I have asked for education on the chambers and workings of storm water flow.
Please advise when formal notification, the time of the site visit and slated agenda meeting at City Hall will be made public. (12/27/2014- Here I am clearly stating to be put on an agenda on 8/5/2011 and am asking for storm water drainage. Slocum completely side steps. The slaughter is to be kept private. I knew in 8/2011 that the Captain Albert Stevens School built in 2007 was the block of cement tied to Seaview Terrace necks in the flooding. See below Wayne's B.S. where I am asking DEP in 8/2011, if there have been any changes to CASS- he ignores that- tells me DEP is busy- yet they regulate this mythical stream in my yard as bogus wetlands and flood me to death. All requests for those final approved plans to City Hall and DEP- manipulated and with held. Offering files of B/S instead. The City Planner had all damning plans and documents in his office. They hold a scam of a meeting roadside- total chaos- during business hours- half the neighbors could not attend and it was a forced disaster. Meant to break my neighbors and it did. I could not rally them again. I was on my own. I went public on 11/1/2011, and the City Attorney stepped in. They had to place it on an agenda and did so on 1/4/12 will all intent to sandbag me.And they did. See meeting in above tab)
I apologize if my directness is offensive. My intent is to keep on point with facts, not getting sidetracked with opinions, belief's and story telling. I want responses to my requests prior to the meeting so that we can all be informed and have a productive session without further tail chasing.
I will accommodate your visit with your first offer. The stream is dry and will allow you to see all the destruction and erosion from the heavy torrent volume of the City storm water diverted to my property. Today would be perfect. Anytime is good for me.
Sincerely,
Laurie Allen
On Mon, Aug 8, 2011 at 7:35 PM, LAURIE ALLEN <laurieallen55@msn.com> wrote:
Dear Mr. Slocum,
I promptly responded to your email on Friday, Augsut 5, 2011 at 9 a.m. I followed with a phone call and spoke with Nora. You did not respond to the email nor my call. I stayed home all day waiting for your visit.
Today, Monday, I called your office again. Jennika said you were in a meeting and she would call me back to tell me when you would be coming. Jennika called back and said that you would be contacting me after 3 pm to visit. You did not contact me.
This is not professional nor acceptable. Mayor Ash had told me last week that you were advised of my complaints prior and he thought it was resolved. Mayor Ash said he would speak to you again. I sent Mayor Ash the email on 6/29/11. I do not consider that recent as you have stated in your email below.
I promptly responded to your email on Friday, Augsut 5, 2011 at 9 a.m. I followed with a phone call and spoke with Nora. You did not respond to the email nor my call. I stayed home all day waiting for your visit.
Today, Monday, I called your office again. Jennika said you were in a meeting and she would call me back to tell me when you would be coming. Jennika called back and said that you would be contacting me after 3 pm to visit. You did not contact me.
This is not professional nor acceptable. Mayor Ash had told me last week that you were advised of my complaints prior and he thought it was resolved. Mayor Ash said he would speak to you again. I sent Mayor Ash the email on 6/29/11. I do not consider that recent as you have stated in your email below.
I would appreciate an email by 10
am 8/10/11, stating exactly what time you will be here. The stream is
still dry and we will be walking in the creek, please bring your camera.
Please address my concerns in the email below, from 8/5/11.
Sincerly,
Laurie Allen
And here we begin NO MORE MR. NICE GUY OR City Hall period.
| From: | Joseph Slocum (citymanager@cityofbelfast.org) This sender is in your contact list. |
| Sent: | Mon 8/08/11 10:11 PM |
| To: | LAURIE ALLEN (laurieallen55@msn.com) |
I will call you in the morning.
Joe Slocum
Dear Mr. Slocum,
Please advise of your findings with my backyard property erosion. You did not bring a camera as I requested. During the road tour, you were thourough in observations, asked many questions, and took notes. When we toured the stream, I was pointing out the severe erosion spots, trying to push the brush out of the way for you to see, but you were not participating, I'm not sure if you were even looking because I had my back to you holding the brush back. You were anxious to bypass my property and inspect the stream 2 lots down saying you wanted to compare. You seemed to be only interested in the area from where the culvert at Charles Beck's property draining into my property at the stream.
You did not ask questions, did not seem to hear me when I tried to show you much property was lost, did not seem concerned with all of the dangling roots and erosion up and down the stream. The only questions that I recall you asking was which side of the stream belongs to MidCoast Mental Health in The Costello's area and asking why I thought that the Planning Board was to visit during the site visit for the addition to the Annex.
I think I heard you say something to the effect that you didn't see anything out of the ordinary with the erosion.
Please send the City video employee, Ned Lightner to film the stream erosion for the record and viewing at the meeting. Mr. Costello, cannot view the erosion in the creek because he is disabled, currently under physician care for his legs. Marina Delune and Mayor Ash were also unable to view the erosion from the creek. Other residents cannot view the erosion from the creek. The erosion is alarming and can easily block the culvert and flood the neighborhood. We all must view the same video for clarity and truth.
Ned has said on the piece that he did with Mike Hurley about the street party, that he has ample time because the City meetings are light. I am available all week for Ned, the weather is good, the creek is very accessible now.
You said you would respond back within 1 1/2 days, that time has passed. I respectfully request a response to my request for Ned to video the erosion by the close of business today. It is now 1:30 pm. If approved, Ned may contact me directly at 323-5883 and I will accomodate his earliest opening.
Sincerely,
Laurie Allen
12/27/2014- City Manager Joe Slocum, prior attorney is tenderizing me for the kill. Specific language to coincide with refuting City responsibility. And of course trying to ditch me to insurance hell- where they can deny me and the City can silence me for good. Not taking that bait Joey.
| rom: | Joseph Slocum (citymanager@cityofbelfast.org) This sender is in your contact list. |
| Sent: | Thu 8/11/11 8:04 PM |
| To: | LAURIE ALLEN (laurieallen55@msn.com) |
I am taking your concern seriously but unfortunately it is not the only concern that I have to address right now. I am taking the liberty of sharing this email with Belfast City Council.
I spent over an hour at your house Tuesday and walked the stream and listened to every concern that you have raised. I see no sign of imminent danger to your property and as such I can not justify treating this matter as though it was an emergency and push my other responsibilities to the side. The stream itself is about 4 feet deep and about 8 feet wide and was essentially dry. It has the same shape and level of erosion along its banks at every point where I observed it. It is essentially dry and I saw one - one inch puddle in a 100 foot walk that I took through it You identify no damage or threat to your house but you are very upset by the erosion in your back yard. I saw this erosion and while there is some there, the scale and scope of it was far smaller then I imagined from reading your emails.
You have raise multiple concerns and it is very clear that you are extremely focused and upset by both the erosion situation itself as well as the treatment you feel that you have had at the hands of the City in responding to your concerns. Your letter today is indicative of your anxiety and expectation of immediate need for answers which is not consistent with what I said to you on Tuesday. I advised you that I was going to look into this and that it would take some time. I told you that I would attempt to summarize your concerns in the next day or so. That is -I was going to make sure I had a complete list of your questions and concerns. I never said I would resolve all of your issues in a day and a half. I said I would get back to you and I am sorry if 48 hours is worse for you than 36 hours.
When I told you that I would get to the bottom of this and that I would be thorough-you asked me how far I had to go in terms of information gathering to get this resolved. I said right there that I could not see anything-- based upon my visit that day-- that suggested to me that the City had done anything to harm you in any way. I absolutely did see some erosion along the stream bed which in my personal opinion is the same condition I would see along any stream bed and which in my experience such erosion often happens if there is an unusually large storm or runoff like the ones we have had in the last several years. Secondly I told you that would have to go deep into City records to find whatever I could that would help bring all the truth to this issue that I could find. I said that no City record was a secret and I would try to find them and make them available to you. I also reiterated what you said Wayne had mentioned to you previously--- If you feel that the City has in any way caused you damage then please send me a letter or note identifying what you believe to be the extent of your damages and I will be pleased to promptly send your claim in to our insurance carrier who might also investigate this claim and provide their perspective.
Here is where I am on your issues:
1. The Culvert under the road which brings the stream from one side of the road was simply installed to allow the road to go over the stream.
2. I do not believe the City created this stream. Before I left I suggested to you that it looked like a natural stream to me and the fact that DEP has jurisdiction -as you advised me -over this stream means to me that this is a natural stream. Natural streams have flows that vary with the weather which based upon conditions can cause erosion. This is true of every river and stream I have ever seen.
3. I have now seen aerial photographs of your area before the road and houses were built on your street and the stream is clearly visible. I can show them to you at any time.
4. I am working on getting you a copy of the framed map in the Planning Office that you have asked for which shows this and other protected streams. I may have to have it professionally reproduced and I will do that at City expense and get it to you as soon as I reasonably can but that could take some time- I do not know at this point. In the meantime the copy we have is not going anywhere and I can give you access to it at any time until you get your own copy.
5. I have not had the chance to meet with Bob Richards on this matter from Public Works since I met you Tuesday to find out whatever he can tell us about culvert history etc. I will let you know everything I find out. This relates to your concern that the City has taken a series of actions which have unnaturally increased the flow in this stream that you believe is the reason you have some erosion. The stream is about 75 feet behind you house. The only indication of potential City contribution you showed me is a couple of culverts crossing underneath the road which would clearly carry some surface water from the south side to your north side and which if significant in volume would reach the stream by following what appear to me to be human made ditches that run along the westerly line of your property and to along another property uphill and west from you. I did step into the ditch along your property in my loafers and found no evidence of water or even mud in this ditch. I do think we have to ask ourselves where this surface water all went before there was a subdivision? My thinking is that it puddled where flat or ran downhill into the lowest point in this area which upon my inspection is this stream.
6. You told me that all the houses on your street have water issues, This tells me that the ground water is close to the surface so when it rains there is more surface water to address because less can be absorbed. I would expect both groundwater and surface water to work their way into this stream.
7. Regardless, I will inquire about any information the City has about letting people ditch or drain to the stream or of people just doing it themselves. When you told me that your house was nice and dry because you had a good drainage system and sump pump I assumed that since there are no storm drains on Seaview Terrace that your building and property drains also go into this same stream.
7. I do not know what all the rules are for private people sending their surface or ground water into natural streams but I do not think the City is responsible for what private people do. I do think the City has the right to maintain its road and to use its right of way to get water away from the road in order to protect it.
8. Where to from here? Speak with Bob Richards, identify any records we have that you want a copy of and get them to you. Identify anything I can which leads me to agree with your assessment. Presently I am unable to do this and if that is where my review concludes then I will not support the City doing remediation on any private property for harm or damage that we did not cause. I want to speak with the State DEP. They called me likely at your suggestion but I have not had a chance to speak with them yet. I welcome their inspection, input and perspective.
9. Seaview Terrace is a City road and I need to find out how wide our right of way is. The City does have the right to shed water away from its roads to protect them from the kind of damage we saw Tuesday. I may also call the City Attorney to secure his advice.
10. I did not plan on taking any pictures of your stream or your erosion but I am thinking that now that would be a good idea so that we can have a good record of the extent of your concern. I will call and find out when there is a time that will work for you. I am not going to send Ned Lightner based upon what I saw with my own eyes and what a regular camera will readily confirm.
I understand that in not immediately agreeing with your concerns that this is causing you some distress. It may well be that given the intensity of your frustration and concern that I may not be able to meet your expectations.
If you need an answer today as to whether the City will pay or fix the erosion in the back of your yard then my answer would be "No" for all the reasons recited above. If you are willing to be a little more patient then I will continue to investigate for any City activity which makes us liable for you damage.
I will talk to Wayne Marshall about some site visit that he had previously scheduled and perhaps we can make that happen in the next few business days to clear up as much as we can. Next Wednesday I have to attend a family emergency in another state where I plan to stay for a week. After that I have a training conference when I get back. If we can't conclude this matter by Tuesday I will be unable to get back to it until the 29th.
Again I will leave it to you as to whether you wish to file a claim with our insurance company.
Thank you.
Joe Slocum
| From: | Joseph Slocum (citymanager@cityofbelfast.org) This sender is in your contact list. |
| Sent: | Fri 9/09/11 4:50 PM |
| To: | LAURIE ALLEN (laurieallen55@msn.com) |
| Cc: | Councilors (councilors@cityofbelfast.org); Wayne Marshall (planner@cityofbelfast.org); Bob Richards (publicworks@cityofbelfast.org) |
Good afternoon. I regret that I have been away for two weeks because of two family emergencies.
The road could indeed use some work and will be addressed in conjunction with our regular road program which calls for attention in areas about every 10 years. The road has alligator cracking because the ground underneath is wet. The present existence of a couple of culverts underneath the road which transfer some water from the higher land across the street to your land on the North side are an attempt by the City to have the road not act as a dam to the natural flow of gravity and also to preserve the asphalt on the road itself by eliminating standing water on the road edge or underneath it. We have these culverts all over the City and you will indeed find them all over the State.I will ask my Public Works Director, by copy of this email to let us know in what year your road might see some resurfacing. It will not be this year. At this time there are no funds or plans to install storm sewers along your road. We like many municipalities have have many roads without these amenities
My observation suggests to me that the stream behind your house has been there for a hundred years and has acted as the watershed for everything above it including your entire street. The City is not responsible for changes to the land or for the constructions of buildings, the expansions of lawns or cutting of vegetation done by every home owner- including your predecessor which has had an impact on surface and sub surface water in your neighborhood. The very ditch that is maintained between you and your neighbor is a good example of how you and your neighbor channel your water to the stream behind your house that is the natural drainage way. This stream and the water the water your entire neighborhood adds to it, simply goes behind other peoples houses down grade from you and in fact goes right into our City Park where it empties to the Sea. Some of your neighbors across the street want more surface water drained toward your side. The State suggested allowing more plantings to grow and absornb some of the water. The City noted that if we were ever to get involved we would want the neighbors to be cooperative and provide legal easements to the City so our actions are not seen as improper as you have suggested they were in the past.
While I was away I learned that there was a meeting held on site by Wayne Marshall from the City, and we had State DEP representative Chris Cabot there along with a member of our City Council. I understand that you were there as well. To my knowledge-nothing came from that meeting to suggest that the City has somehow caused all this water to be in your area. Since I do not see the harm caused by the City I have no plan to enter upon your property to do any bank stabilization that Mr. Cabot said he would be receptive to permit if requested by the individual neighbors.
It appears that in the past the City crews did indeed enter upon a neighbors property to clear growth from an existing ditch with permission to get water away from the road. As far as I know this is not a City owned ditch anymore than the one which runs along your property.
As for the drainage:
1. I will come and take pictures to document your concern and I will share them with the State. Please let me know whether you wish to be present when I take them . I am presuming that you are going to allow me access through your property so I can do this properly. If this assumption is incorrect please let me know. Otherwise the pictures will be taken next week.
2. I have not seen anything in the erosion or in City practice which suggest to me that the City is responsible for your erosion so there is no practice for us to terminate. I can not and I do not plan on spending City tax dollars to provide drainage controls for private property.
3. There is indeed some signs of erosion within the stream sidewalls and I did see an area about 2 square feet in size where you placed large stones to fill in a part of your bank where some erosion apparently occurred. I do not see anything in this erosion which would indicate it is anything other than a natural occurrence associated with seasonal and unpredictable weather conditions. It appeared to me to look like every stream bed I have ever walked.
Finally, if you continue to believe that the City is the party responsible for your damage then please send me your reasons and I will present your legal claim to our insurance company to see if they see this matter differently than I do.
Absent new information this is my final response to this matter. I am sorry that I could not find a way to agree with your conclusions.
Most sincerely,
Joseph J. Slocum
| LAURIE ALLEN (laurieallen55@msn.com) | |
| Sent: | Wed 1/25/12 8:48 AM |
| To: | ward1councilor@cityofbelfast.org; LAURIE ALLEN (laurieallen55@msn.com) |
Last night at the MFOIC meeting at the Belfast Free Library, I learned that you must answer my questions in regard to local ordinance vs State Law.
Your response will dictate direction of District Attorney assistance.
1. Does the City of Belfast site construction storm water draining ordinance over ride Maine State law for site construction storm water draining?
2. Does the City of Belfast ordinance for resident storm water draining by accumulating and draining to another, enhanced by the City of Belfast on 10/1/09 with heavy equipment on private property, over ride Maine State Law stating it is illegal to accumulate/puddle storm water and send to another?
3. Please provide the City of Belfast ordinances for all storm water rules.
4. Does the City of Belfast noise level ordinance provided to me at 75 dBA over ride Maine State law of 60dBA and below?
Previous responses of not knowing anything about storm water or unable to request records are unacceptable. I am requesting for this information to be reviewed and deemed acceptable by you before forwarding to me.
Please provide a reasonable time frame that I can expect these answers before I am forced to appear before the Council for such.
Please respond on your ward 1 email, not your personal email address.
Sincerely,
Laurie Allen
12/27/2014- Above email was forwarded to Jennika Lundy- administratvie assistant. Heil Hurley ordered Council not to respond to me. Jennika was my point of contact. Sweet, clueless Jennika, making her the pawn.
Note how Wayne manipulates the wording from storm water ordinance rules to stormwater management regulations. Welcome to me requesting the same information over and over to be met with rhetoric. 5 long years of rhetoric- corruption is expensive. They don't care.
| From: | Wayne Marshall (planner@cityofbelfast.org) |
| Sent: | Wed 4/18/12 5:35 PM |
| To: | laurieallen55@msn.com |
| Cc: | Jennika Lundy (managersupport@cityofbelfast.org) |
Dear Ms. Allen:
Your email of April 18 to Jennika Lundy was referred to me and I was requested to respond.
You requested information from the City Code of Ordinances regarding stormwater management regulations. I believe the information I provided to Ms. Lundy which she emailed to you on April 3rd is very comprehensive and specific and that it fully responds to your request for information. I have included this same information below. You can access all of the following information on the City website, cityofbelfast.org, Information can be found under the heading City Government. You should click on the tab labeled, City Ordinances. The table of contents and the accompanying drop down menu included on the left side of the municipal code website can be used to reference each of the citations I provided. For example, the first citation; Chapter 102, Zoning, Article IX, Division 2, Section 102-1123 and 1124, includes the specific Ordinance citations in the Environmental Standards that address applicable regulations for stormwater and sedimentation and erosion.
Information from April 3rd Email:
Chapter 102, Zoning, Article IX, Performance Standards, Division 2, Environmental Standards, Section 102-1123 and 1124 --- Note: These standards apply to all residential uses in Belfast and non-residential uses that are not located in one of the zoning districts identified below. These standards were first adopted in the mid-1980's and there have been few changes since their adoption.
Chapter 102 Zoning, Article IX, Performance Standards, Division 3, Nonresidential Performance Standards for the Rte 3 Commercial Zoning District, reference Section 102-1197. Division 4, Nonresidential Performance Standards for the Route 1 South Commercial, Searsport Avenue Commercial, Searsport Avenue Waterfront, Route 141 and Mill Lane Commercial and Route 137 Commercial zoning districts; reference Section 102-1260. (Note - Standard is essentially identical to the Rte 3 standard). Lastly, Division 5, Nonresidential Performance Standards for the Office Park zoning district; reference section 102-1315. (Note - This standard also is essentially identical to the Rte 3 standard). I note that these nonresidential performance standards ONLY apply to nonresidential uses in the above listed zoning districts. All of the above standards were adopted in 2001, when the above zoning districts replaced the Highway Commercial zoning districts.
Chapter 98, Technical Standards, Article III, Street Design Standards, Section 98-88, Stormwater Collection. Article IV, Street Construction Specifications, particularly sections 98-127, curbing and 98-128, Culverts. Article VI., Water Quality, nearly all sections. The Technical Standards were first adopted in November 1998, and are used to implement Chapter 90, Site Plan Ordinance, the City Subdivision Ordinance, and the Zoning Ordinance. While the parking standards section has been overhauled, few changes have been made to other sections of the Technical Standards Ordinance (Chapter 98) since its adoption.
Chapter 90, Site Plan. This Ordinance applies only to projects which require a Site Plan permit. Few individual residences will require a site plan, however, a housing project would require review as a Site Plan. Refer to Chapter 90, Site Plans, Article II, Review Criteria and Procedures, Section 90-41, CE) review, paragraph 16, Stormwater, and Section 90-42 Planning Board Review, paragraph 16, Stormwater. Also, Refer to Article III, Preliminary Plan, Section 90-72, Required Information, Paragraph 14, Drainage/erosion, and paragraph 15, Utilities. Article IV, Final Plan, Section 90-102, Required Information, which requires final engineering for information presented in the preliminary plan noted above.
Subdivision Ordinance. Chapter 1, Section VII- Review Criteria, paragraph 14, Stormwater. Chapter Three, Street and Storm Drainage Construction Standards. I note that the standards in Chapter Three largely have been supplanted by the Chapter 98, Technical Standard.
Chapter 82, Shoreland. I first note that these standards only apply to property located within the Shoreland zone as such is depicted on the City of Belfast Shoreland Map. Reference Article V, Land Use Standards, Division 9, Stormwater Control.
I believe the above citations identify most if not all City standards that apply to stormwater management concerns. I specifically note that many of the standards apply to specific areas (e.g. Shoreland, Rte 3 Commercial) or specific types of development (e.g. Site Plan and Subdivision). Let me know if any questions.
You also asked if the information I identified is current. I will affirm that there have been no changes to the City Code of Ordinances that would affect any of the above referenced Ordinances regarding stormwater within the last 15+ months; post January 1, 2011. Further, I will affirm that there have been no changes to City Ordinances regarding stormwater that would apply to your property for a period of no less than 5 years.
If you would like assistance in reviewing the City Code of Ordinances to identify any of the above citations I am available to offer that assistance.
On behalf of the City of Belfast,
--
Wayne Marshall
City Planner
City of Belfast
131 Church St
Belfast, ME 04915
207-338-1417 x 25 (phone)
207-338-1605 (fax)
wmarshall@cityofbelfast.org
Your email of April 18 to Jennika Lundy was referred to me and I was requested to respond.
You requested information from the City Code of Ordinances regarding stormwater management regulations. I believe the information I provided to Ms. Lundy which she emailed to you on April 3rd is very comprehensive and specific and that it fully responds to your request for information. I have included this same information below. You can access all of the following information on the City website, cityofbelfast.org, Information can be found under the heading City Government. You should click on the tab labeled, City Ordinances. The table of contents and the accompanying drop down menu included on the left side of the municipal code website can be used to reference each of the citations I provided. For example, the first citation; Chapter 102, Zoning, Article IX, Division 2, Section 102-1123 and 1124, includes the specific Ordinance citations in the Environmental Standards that address applicable regulations for stormwater and sedimentation and erosion.
Information from April 3rd Email:
Chapter 102, Zoning, Article IX, Performance Standards, Division 2, Environmental Standards, Section 102-1123 and 1124 --- Note: These standards apply to all residential uses in Belfast and non-residential uses that are not located in one of the zoning districts identified below. These standards were first adopted in the mid-1980's and there have been few changes since their adoption.
Chapter 102 Zoning, Article IX, Performance Standards, Division 3, Nonresidential Performance Standards for the Rte 3 Commercial Zoning District, reference Section 102-1197. Division 4, Nonresidential Performance Standards for the Route 1 South Commercial, Searsport Avenue Commercial, Searsport Avenue Waterfront, Route 141 and Mill Lane Commercial and Route 137 Commercial zoning districts; reference Section 102-1260. (Note - Standard is essentially identical to the Rte 3 standard). Lastly, Division 5, Nonresidential Performance Standards for the Office Park zoning district; reference section 102-1315. (Note - This standard also is essentially identical to the Rte 3 standard). I note that these nonresidential performance standards ONLY apply to nonresidential uses in the above listed zoning districts. All of the above standards were adopted in 2001, when the above zoning districts replaced the Highway Commercial zoning districts.
Chapter 98, Technical Standards, Article III, Street Design Standards, Section 98-88, Stormwater Collection. Article IV, Street Construction Specifications, particularly sections 98-127, curbing and 98-128, Culverts. Article VI., Water Quality, nearly all sections. The Technical Standards were first adopted in November 1998, and are used to implement Chapter 90, Site Plan Ordinance, the City Subdivision Ordinance, and the Zoning Ordinance. While the parking standards section has been overhauled, few changes have been made to other sections of the Technical Standards Ordinance (Chapter 98) since its adoption.
Chapter 90, Site Plan. This Ordinance applies only to projects which require a Site Plan permit. Few individual residences will require a site plan, however, a housing project would require review as a Site Plan. Refer to Chapter 90, Site Plans, Article II, Review Criteria and Procedures, Section 90-41, CE) review, paragraph 16, Stormwater, and Section 90-42 Planning Board Review, paragraph 16, Stormwater. Also, Refer to Article III, Preliminary Plan, Section 90-72, Required Information, Paragraph 14, Drainage/erosion, and paragraph 15, Utilities. Article IV, Final Plan, Section 90-102, Required Information, which requires final engineering for information presented in the preliminary plan noted above.
Subdivision Ordinance. Chapter 1, Section VII- Review Criteria, paragraph 14, Stormwater. Chapter Three, Street and Storm Drainage Construction Standards. I note that the standards in Chapter Three largely have been supplanted by the Chapter 98, Technical Standard.
Chapter 82, Shoreland. I first note that these standards only apply to property located within the Shoreland zone as such is depicted on the City of Belfast Shoreland Map. Reference Article V, Land Use Standards, Division 9, Stormwater Control.
I believe the above citations identify most if not all City standards that apply to stormwater management concerns. I specifically note that many of the standards apply to specific areas (e.g. Shoreland, Rte 3 Commercial) or specific types of development (e.g. Site Plan and Subdivision). Let me know if any questions.
You also asked if the information I identified is current. I will affirm that there have been no changes to the City Code of Ordinances that would affect any of the above referenced Ordinances regarding stormwater within the last 15+ months; post January 1, 2011. Further, I will affirm that there have been no changes to City Ordinances regarding stormwater that would apply to your property for a period of no less than 5 years.
If you would like assistance in reviewing the City Code of Ordinances to identify any of the above citations I am available to offer that assistance.
On behalf of the City of Belfast,
--
Wayne Marshall
City Planner
City of Belfast
131 Church St
Belfast, ME 04915
207-338-1417 x 25 (phone)
207-338-1605 (fax)
wmarshall@cityofbelfast.org
From: laurieallen55@msn.com
To: christopher.cabot@maine.gov
Subject: 17 seaview terrace
Date: Wed, 20 Jul 2011 08:01:11 -0400
Hi Chris,To: christopher.cabot@maine.gov
Subject: 17 seaview terrace
Date: Wed, 20 Jul 2011 08:01:11 -0400
I think I received a message from you in regards to my permit. The message was broken up- cell phone.
Also, I am feeling like I'm in shark infested waters. I can't get answers from the City on any stormwater issues, Wayne Marshall, the City Planner is ignoring me. My City Council person, Marina Delune is telling me that I have bruised his ego and need to, in my words, stroke him... Not.
I know I have to handle the City work with him but what about the Rte 1 bypass, The Capt. Albert Stevens School and the WCGH Annex. Has the DEP approved changes to the original plans?
Marina did confirm that the School storm water was changed, another resident has told me the Rte 1 bypass was changed several times, and Mike Hogan the architect for the Annex at WCGH said that when the annex was built, flooding occured in basements and was rectified. How?
He also said that at the culvert at Northport Ave and the stream, that the water came right up to road, but "luckily" didn't go over. I have asked for an education on that chamber- I'm thinking its wide open during heavy storm water and the velocity to keep it from goin over is what is sweeping away everything in its path. You have to see all the erosions, root systems exposed, trees ready to fall, that culvert will easily get clogged and we'll be under water in a NY second.
I've been at this with the City for 3 months and counting and have not been able to get one answer on anything. Please tell me what you are planning. Thanks.
Sincerely,
Laurie Allen
17 Seaview Terrace
Belfast Me 04915
From: laurieallen55@msn.com
To: christopher.cabot@maine.gov; laurieallen55@msn.com
Subject: FW: 17 seaview terrace/2nd Req
Date: Wed, 3 Aug 2011 08:06:47 -0400
Hi Chris,To: christopher.cabot@maine.gov; laurieallen55@msn.com
Subject: FW: 17 seaview terrace/2nd Req
Date: Wed, 3 Aug 2011 08:06:47 -0400
Please tell me when you will be coming here. Your findings are intertwined with City storm diversions and need to identified. I did take care of the permit call with your co-worker. No need to respnd on the permit.
The City is looking to schedule a meeting including a rep. for the Waldo County General Hospital, because they have some real concerns too, towards the end of August. Please advise when you will be here so that I can coordinate with this meeting or at least get pertinent information in writing of your findings.
Sincerely,
Laurie Allen
RE: 17 seaview terrace/2nd Req/3rd Reg
| From: | Cabot, Christopher (Christopher.Cabot@maine.gov) |
| Sent: | Thu 8/11/11 10:34 AM |
| To: | LAURIE ALLEN (laurieallen55@msn.com) |
| Cc: | Gilbert, Thomas (Thomas.Gilbert@maine.gov) |
Hi Laurie,
I apologize for my delay in responding to your emails. As I’ve
said, we are very busy these days due to staffing shortages and it being the
height of construction season.
I’m glad you have spoken with Tom Gilbert about getting
a permit to stabilize the stream bank on your property.
I have reviewed our permit database, and yes, there have
been some modifications to the hospital that were properly licensed. We simply
don’t have the staff time to devote to exploring the area to determine if
(and why) there may be increased flows in the stream. There are many streams in
Maine
experiencing erosion due to increased buildout and increased high intensity
storm events. At this time, the Department is not going to pursue the issue
further unless a complaint for a specific unlicensed outfall pipe is submitted.
If you know of a specific new culvert outfalling into the stream, we would be
happy to determine if the appropriate permit was obtained by the landowner.
I do understand that there is active erosion on the stream
banks. If other homeowners along the stream would like to stabilize the banks
to prevent further erosion, we can assist them with the permitting of the work.
If you would like to stabilize the bank by your property, please
follow up with Tom and submit to him acceptable materials to acquire a
stabilization permit.
-Chris
Environmental
Specialist - Bureau of Land & Water Quality
Maine
Department of Environmental Protection
(207)
446-1875
christopher.cabot@maine.gov
From: LAURIE ALLEN
[mailto:laurieallen55@msn.com]
Sent: Wednesday, August 10, 2011 8:36 PM
To: Cabot, Christopher
Subject: FW: 17 seaview terrace/2nd Req/3rd Reg
Sent: Wednesday, August 10, 2011 8:36 PM
To: Cabot, Christopher
Subject: FW: 17 seaview terrace/2nd Req/3rd Reg
Please, please respond. The City Manager, Joe Slocum came here and I showed him the severe erosion, serious root exposure on huge trees that 6 months ago had 4 ft of land in front of them, that land has been washed away, roots are dangling up and down the stream, soil washed out under, over, visibly all over. During his inspection, Joe commented that he does not see anything unusual and moved onto something else before I could disagree. Joe said he would be contacting you.
Someone from the wetlands preservation must come and take pictures and confirm the severity. I am stuck between the City not taking any responsibility and the stream being managed by the DEP- I need help ASAP.
My first contact to you was on June 2, please, I will be availabe for your visit, just tell me when.
Sincerely,
Laurie Allen
| From: | Cabot, Christopher (Christopher.Cabot@maine.gov) |
| Sent: | Thu 8/11/11 10:34 AM |
| To: | LAURIE ALLEN (laurieallen55@msn.com) |
| Cc: | Gilbert, Thomas (Thomas.Gilbert@maine.gov) |
Hi Laurie,
I apologize for my delay in responding to your emails. As I’ve
said, we are very busy these days due to staffing shortages and it being the
height of construction season.
I’m glad you have spoken with Tom Gilbert about getting
a permit to stabilize the stream bank on your property.
I have reviewed our permit database, and yes, there have
been some modifications to the hospital that were properly licensed. We simply
don’t have the staff time to devote to exploring the area to determine if
(and why) there may be increased flows in the stream. There are many streams in
Maine
experiencing erosion due to increased buildout and increased high intensity
storm events. At this time, the Department is not going to pursue the issue
further unless a complaint for a specific unlicensed outfall pipe is submitted.
If you know of a specific new culvert outfalling into the stream, we would be
happy to determine if the appropriate permit was obtained by the landowner.
I do understand that there is active erosion on the stream
banks. If other homeowners along the stream would like to stabilize the banks
to prevent further erosion, we can assist them with the permitting of the work.
If you would like to stabilize the bank by your property, please
follow up with Tom and submit to him acceptable materials to acquire a
stabilization permit.
-Chris
| rom: | LAURIE ALLEN (laurieallen55@msn.com) |
| Sent: | Thu 8/11/11 12:15 PM |
| To: | christopher.cabot@maine.gov |
1. There is a huge culvert towards the end of Seaview Terrace/Rte 1, running under Seaview Terrace diverting City Storm Water to the stream. Do you have a permit by the City of Belfast for that?
2. On either side of that culvert, there are sump pump drains from 2 houses on the other side of the culvert, draining into the stream, did the DEP approve this ?
3. Captain Albert Steven's Elementary School- Please advise of your findings where Mr. Sanderson (a resident) got the City to reroute the storm water path and approved by the DEP.
4. What were your findings on the RTE 1 bypass to Northport Ave. and the changes in storm water diversion?
5. Where can I obtain a copy of the DEP approved paths for City storm water to Seaview Terrace, specifically the stream on my property?
6. What is my next step to demand a site visit and determination of recent rapid City storm water destructing wetlands on private property? Please provide a name and email address
I own part of the stream, the DEP is managing the stream, the City is eroding the foundations of major trees and the wet lands are being washed away from all of the City storm water forced diversion of man-made, mapped, channels through out the city with culverts. I have been waiting for your direction since June 2 and your answer is that you don't have the time. I am to put out thousands and thousands of dollars to shore up the banks of DEP managed wetlands. The banks on the other side of the stream belong to the MidCoast Mental Health, where the huge trees will fall into the stream and my property due to the erosion. The imminent disaster and flooding of residents from DEP managed wetlands that are not being managed is wrong.
I am unemployed, single 50 year old mother. I do not have money to stabilize the banks that DEP is responsible to manage and cannot. I have purchased flood insurance with what little money I have. Please respond to 1-6 within 24 hours. Too much time has passed.
Sincerely,
Laurie Allen
17 Seaview Terrace
12/27/2014- DEP would stall me for over another year. DEP Commissioner Aho will send Tom Gilbert to do a corrupt investigation on CASS. I told him exactly where the corrupt, clearly visible outfall culverts were. He refused to let me attend his site visit and did not report the corrupt out fall. He found the site in compliance and Aho dismissed me, case closed. See her letter on www.belfastbullies3.blogpspot.com
Psycho Heil Hurley- just a poo poo platter sampling below- the meetings are chock full of his Bulliness with the Wall silently applauding and the police guard itching to take me out. I don't bite the bait. Spanky Mayor Ash must need a new gavel by now. He's always trying to intimidate me with that- bang, bang, bang. Back off Spanky.
." The psychopath can appear normal, even charming. Underneath, they lack conscience and empathy, making them manipulative, volatile and often (but by no means always) criminal. They are an object of popular fascination and clinical anguish: psychopathy is largely impervious to treatment."
Here was his rant on TV at the 12/6/11 meeting- as if he's clueless, just learned about it while stating he came to the problem early on with emails, receiving an "avalanche" - like 8 months prior right Mike? Stating he is waiting for me to tell him the problem when I have told him here, there, everywhere over 100 times. Then to say I WANT TO FIGHT??? Placing me in danger of anyone with women complex's. I just survived that. No one stops him, instead they all begin joining in to present day. Mob mentality.
“I want to respond during the discussion about water. I came to the entire subject early on when we stated getting copied here on everything, with a pretty open mind about it, well, is there a problem here? What’s the problem? I think that’s what we do here quite often is hey what’s the problem and try to fix it and if there is something we can do. I want to say I had an open mind to it but having had the avalanche of emails that we received and what we heard tonight again, I just want to say that, ya know, if anybody thinks the way to solve a problem is to insult people with things like, Wayne’s World, Ignorant, Dysfunctional, Shot to Hell, Deceiving, Corruption, Lies, Cover Ups, Bullied, I want to add one word…RIDICULOUS.
I’ve worked with all these guys and I’ve been on the wrong side of government in the past and I’ve been on the wrong side of government while I’ve been in government. And ya know, it’s just ridiculous to listen to this stuff. I would not object to putting this on the agenda for us to talk about what we should do about this if anything. But, you know, to listen to these to these kind of character assassinations pf people who could really be bothered to do these things to this woman, I’m really sorry, nobody has any interest in doing any of these kinds of things that she keeps proclaiming and you know it’s unfortunate she takes it completely publicly and tonight even, I kept waiting for her, what’s the problem (out of quote for me to say, I clearly stated in the beginning what the problem, what I wanted done, and backed it up with facts for the ?? Time)
How would we address the problem? I THINK SHE’S MORE INTERESTED IN FIGHTING, but I’m willing to talk about it and look at it and maybe, ya know, there’s something we can do, I don’t know. But anyway, I FEEL LIKE WAYNE AND JOE, IN PARTICULAR HAVE BEEN AN ABSOLUTE PINATA AND I APPRECIATE THEM BEING RESTRAINED. I am sure, I can tell from everything that the landowner is absolutely feels put upon by the water that runs in the stream in through her yard. I think, maybe there’s a way to solve this but constantly insulting the people you’re trying to talk with, at least it’s never worked for me at home.”
Psycho Heil Hurley- just a poo poo platter sampling below- the meetings are chock full of his Bulliness with the Wall silently applauding and the police guard itching to take me out. I don't bite the bait. Spanky Mayor Ash must need a new gavel by now. He's always trying to intimidate me with that- bang, bang, bang. Back off Spanky.
." The psychopath can appear normal, even charming. Underneath, they lack conscience and empathy, making them manipulative, volatile and often (but by no means always) criminal. They are an object of popular fascination and clinical anguish: psychopathy is largely impervious to treatment."
Here was his rant on TV at the 12/6/11 meeting- as if he's clueless, just learned about it while stating he came to the problem early on with emails, receiving an "avalanche" - like 8 months prior right Mike? Stating he is waiting for me to tell him the problem when I have told him here, there, everywhere over 100 times. Then to say I WANT TO FIGHT??? Placing me in danger of anyone with women complex's. I just survived that. No one stops him, instead they all begin joining in to present day. Mob mentality.
“I want to respond during the discussion about water. I came to the entire subject early on when we stated getting copied here on everything, with a pretty open mind about it, well, is there a problem here? What’s the problem? I think that’s what we do here quite often is hey what’s the problem and try to fix it and if there is something we can do. I want to say I had an open mind to it but having had the avalanche of emails that we received and what we heard tonight again, I just want to say that, ya know, if anybody thinks the way to solve a problem is to insult people with things like, Wayne’s World, Ignorant, Dysfunctional, Shot to Hell, Deceiving, Corruption, Lies, Cover Ups, Bullied, I want to add one word…RIDICULOUS.
I’ve worked with all these guys and I’ve been on the wrong side of government in the past and I’ve been on the wrong side of government while I’ve been in government. And ya know, it’s just ridiculous to listen to this stuff. I would not object to putting this on the agenda for us to talk about what we should do about this if anything. But, you know, to listen to these to these kind of character assassinations pf people who could really be bothered to do these things to this woman, I’m really sorry, nobody has any interest in doing any of these kinds of things that she keeps proclaiming and you know it’s unfortunate she takes it completely publicly and tonight even, I kept waiting for her, what’s the problem (out of quote for me to say, I clearly stated in the beginning what the problem, what I wanted done, and backed it up with facts for the ?? Time)
How would we address the problem? I THINK SHE’S MORE INTERESTED IN FIGHTING, but I’m willing to talk about it and look at it and maybe, ya know, there’s something we can do, I don’t know. But anyway, I FEEL LIKE WAYNE AND JOE, IN PARTICULAR HAVE BEEN AN ABSOLUTE PINATA AND I APPRECIATE THEM BEING RESTRAINED. I am sure, I can tell from everything that the landowner is absolutely feels put upon by the water that runs in the stream in through her yard. I think, maybe there’s a way to solve this but constantly insulting the people you’re trying to talk with, at least it’s never worked for me at home.”
From: | Mike Hurley (mike@pilut.com) You moved this message to its current location. |
| Sent: | Fri 11/11/11 10:03 AM |
| To: | 'Joseph Slocum' (citymanager@cityofbelfast.org); 'LAURIE ALLEN' (laurieallen55@msn.com) |
| Cc: | 'Councilors' (councilors@cityofbelfast.org); 'Jennika Lundy' (jlundy@cityofbelfast.org) |
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