All of the Wall in City Hall have known the details of this plan for years. Three years ago, after the City Tax Assessor, Bob Whiteley toured the paths of forced flooding destruction to my neighborhood, he was shocked and tried to cover, but he couldn't. It is so bad. He said the plans coming down the pike are shattering for residents. That is this Comprehensive Plan. Seaview Terrace is the first kill, but it will ooze in, forcing residents into bankruptcy if they attempt legal action when they are the chopping block next.
I have only read the overview, the actual ordinance proposals just went public within in the past 2 days. Public Hearing is July 2, big holiday week, Wayne Marshall City Planner, calculating again. Public Hearings are fluff, but not this time. My neighbors are on it. I made them aware weeks ago, we were getting rezoned. We hit some City Council meetings to be heard, prior to the fluff. To make sure other residents and neighborhoods are on their proposed changes. Not much time to research. Calculated again.
I found gold online. Maine State Comprehensive Plan procedures. It begins at page 260-easy to read- only about 5 pages-I gave relevant sections below proving Belfast City Hall broke the law procedure.
Note the red section, clearly stating that Contract Zoning is an art word. In the meeting, City Planner Wayne Marshall and City Council try to confuse. Stating this the law I am citing is Contract Zoning- has nothing to do with rezoning our neighborhood. In the face of facts and documents, they flat out lie, again trying to make me look stupid. Giving the illusion that I have been stupid for 4 years with the corruption I have exposed with proof.
The City Attorney sat in for this whole meeting. He was there because he knew Seaview Terrace would be speaking at open to the public. City Council refused to give us an agenda, calculating to control as much open discussion as possible. Code and Zoning, Todd Rosenburg was in the back as well. Neither were on the agenda, neither spoke during the meeting. An executive session was scheduled for after. Clearly. Seaview Terrace is the session. My neighbors poked holes in the their greedy plan, they were excellent. I was dismissed, but no matter. The troops have arrived.
http://mainelaw.maine.edu/academics/maine-law-review/pdf/vol24_2/vol24_me_l_rev_263.pdf
Maine Law Comprehensive Plan Contract Zoning: A Flexible Technique for Protecting Maine Municipalities
Since the constitutionality of comprehensive zoning plans was upheld
by the 1926 United States Supreme Court decision in Euclid v. Ambler
Realty,1 municipal zoning has become an acceptable, indeed a necessary,
fact of life. Maine, as well as most states, has enacted zoning enabling
legislation 2 pursuant to which many Maine municipalities have adopted
zoning ordinances3. The standard zoning approach which has evolved
since Euclid has been based largely on the concept of uniform gridiron
districts which conform to a legislatively preconceived comprehensive
plan intended to assist municipalities in maintaining an orderly growth.'
These comprehensive plans, however, frequently have become a planning
burden because they discourage land uses which were not anticipated
either at the time the original plans were written or when the plans were
updated.5 As a result, the traditional zoning approach is often incapable
of meeting the demands of a growing society with its rapid technological,
environmental, and cultural changes. Contract zoning, properly utilized
as a complementary planning mechanism, can enable a municipality to
adapt quickly and effectively to such unanticipated demands.
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. ...
1. First Step- Pg 263 "LANDOWNER AGREES PRIOR TO A ZONING AMENDMENT, TO PERFORM CONDITIONS NOT IMPOSED ON OTHERS IN THE SAME ZONING CLASSIFICATION.”
Belfast City Hall has violated the first step- no one came to talk to Seaview Terrace landowners to get our agreement to go forward with the new zone- R3- Healthcare and Housing. After that, than the Belfast Planning Board must be persuaded to approve the PROPOSED ordinance changes. After that it goes out to Public Hearing.
In this meeting, City Planner Wayne Marshall attempts to cover up this violation, by claiming letters went out in 2009? This guy is stupid. NO LANDOWNERS AGREED PERIOD. NONE WERE CONTACTED. SOME IN RESIDENCE FOR OVER 20 YEARS. One neighbor states she has been here 12 years, and didn't know anything about this till last month. When I put out a new sign stating NO R3 Zoning 4 Us. I had caught wind of it when City Planner, Wayne Marshall lightly mentioned it in a meeting.
2. Second Step Pg 267-“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.”
I have requested a freedom of information for all this information used to "persuade" and the members recorded votes and names. That was on 6/5/14, to City Manager- Joe Slocum. He has yet to fill that request, it was due on 6/13/14.) They are attempting to manipulate the request. Clearly, this second step has been corrupted. I third requested it today, 6/18/14.
Link to 6/17/14 Belfast City Council Meeting. Click on #6 and #11 Seaview Terrace residents protest rezoning. Calculating to dismiss the violations, City Planner Wayne Marshall attempts to confuse with a rant about Contract Rezoning, stating that is not relevant to Seaview Terrace. See the red mad man. It is absolutely what you are proposing to do to Seaview Terrace. Others in our zoning classification are proposed to go together to R1. Council Roger Lee laughing and smirking at me for citing Maine Law in #11. See the red mad man.
My neighbor speak the OVERTONE of HEAVY government coming down on us without grounds. She continues. The current zoning allows for a Dr.'s office on Seaview Terrace. Not one has opted on this dead end, rapidly deteriorating from force flooding, 20 ft wide street. Natural selection. Seaview Terrace was never a natural selection. Forcing a drive to this neighborhood with this new R3 zoning is corruption. The hidden perks and loopholes combined with the strong language- even some one as "stupid" as me can see the plan. A new resident is immediately aware of the Wall and tactics. He speaks strong and is another savior of Seaview Terrace. He is a Dr. of language, life long journalist. He has skimmed some of the insane ordinances that were JUST made public.
It must be painful for him to read my poor writing skills. Formal education was not in my reach. I graduated high school in 1978. September 1978, into Midas Muffler International, shipping clerk in a warehouse full of men and truckers. Seventeen and a blooming body that would taint my rights and goals. I began night school immediately, worked my way up and out into a great job in less than 3 years. I was soaring, got up to 36 credits before family illness and their addictions would take me down. Never to reach that plateau again. It became survival.
Moving here in 2010 was dangerous and costly. I did it alone and against the odds, huge dangerous odds. Never having a chance to heal, right into the fight for my life, again, by the government. Kick the can. I am the can. This is what City Hall and the real estate agents have done to me. Jeopardizing all the safety and stability crucial to the lives of my children and myself.. I write this, because through all these public speakings, emails protests, I have had to maintain courage, avoid their baiting and recover immediately when I was forced into another deception.
They are calculating ruthless. Clear to see in this meeting, as always treating me like shit. Giving passage for many others to do the same. Social stoning without stones. Pitting neighbors against me. But, not all.
As I have for 3 years, protesting, investigating, questioning and getting the life sucked out of me for doing so. White collar threatening of my life. Documented. Two recent "conversations" initiated with intent by the Belfast Police Department. The last with the Chief of Police, Mike McFadden and Officer Ward as I allowed them into my home to investigate my stability. When I didn't crack, they resorted to shaming me as a mother. Basically telling me, for the 2nd time, that fighting to save my home is embarrassing my young adult children. They as parents, would not do that. Interview done. I told the Chief I was offended and my family was off limits from here on in.
Frightening to think now, how bad that could have went. City Hall has been baiting to break me since 2011. Way back then, City Council called me in as a threat to the Chief of Police, Mike McFadden. The "first" conversation in his office, certainly recorded with cause to do a full back ground check. At the end, the Chief would state that I was the high lite of his day. Ditto. I was able to piece together that his brother in law is the cable guy, Tom from Time Warner Cable that had been in my home several times already. Neither one had shared with me that they were family. I gave Tom an earful each time he came here. Full access to my computer. It was when Tom was testing it, he brought up a you tube video of a ride on, no brakes lawn mower restoration. I love that stuff. He told me his brother in law had a passion for restoring these. In my first interview with the Chief, he revealed that he did lawn mower restorations. I blurted out- Hey, you're the brother in law of the cable guy, I just saw you video a few weeks ago. The Chief was alarmed that I connected them. Now, I am alarmed.
City Council was frightened by me. Right. A beat up, broke Mom who crawled here to begin again, under the radar, in peace and new hope. One giant step away from death's door. Only, the dragged me into the fire pit of hell, a whole pack of them, the spring of 2011 when all their force came crashing through my yard in wild rapids for days on end... no stream, nothing ever disclosed. The secret hell of inverse condemnation, made by City Hall, the public conditioned clueless.
http://belfastme.swagit.com/play/06172014-1440/#3
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 ofitself but merely refers to a reclassification of a land use in which thelandowner agrees, prior to a zoning amendment, to perform conditionsnot imposed on others in the same zoning classification. ...
