8/8/2017
THE GARAGE ON THEIR LOT, BUILT AFTER MY 1967 HOUSE BUT IN PLACE PRIOR TO 1994, MUST HAVE A SIDE SET BACK OF 20 FT FROM THEIR BOUNDARY LINE, PER BELFAST ZONING ORDINANCE DURING THAT PERIOD. MY BOUNDARY LINE IS RIGHT UP TO THE CORNER OF THEIR GARAGE. Kelly doesn't go there, just rhetoric. My title insurance has this River Rat a clear title.
My youtube playlist for the Rae Thugs Trust below. Watch these then read Attorney (who is also the Belfast City Attorney- more letters him to threaten and silence me as our City Attorney are below this) Belfast attorney and real estate agent Bill Kelly's letter accusing me of exactly what the Rae thugs are doing to me in this video. I repeatedly asked for an order of protection on video II to the cop, then repeated email requests of the same to the Belfast Chief Pee Wee McFadden. No response. Yet this super idiot ego Kelly is threatening the same to me. My boat above is still on my property and locked with my boot. Further below is the emails to Belfast Tax Assessor Brent Martin, the corrupt Gusta Ronson (Good Deeds Surveyor for the corrupt), etc. Documented falsifying recordings in the deeded registry, moving capped stakes, trespassing onto my property and driving in wooden poles, etc.
https://www.youtube.com/playlist?list=PLQ6aJhzv8r1EFBXC9YGwWPizGX17iAZ61
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KELLY & ASSOCIATES, LLC
ATTORNEYS
(207) 338-2702
96 HIGH STREET
(207) 338-0328 (fax)
William S. Kelly,
Esq. Belfast, Maine 04915
Augst 3, 2017
Laurie Allen
17 Seaview Terrace
Belfast, Maine 04915
Dear Ms. Allen:
Please be advised
that I represent Kayla J. Lacombe, Mark A. Rae and Donald C. Rae,
Co-Trustees of the Rae Irrevocable Trust dated August 13, 2014 (“Rae
Trust”). I enclose a copy of their deed as recorded in Book 4170,
Page 125 of the Waldo County Registry of Deeds. As you can see, they
have obtained Lot #7 and a portion of Lot #5 as depicted on the C.K.
Archer Plan dated July 13, 1966 and recorded in Plan Drawer 6, File
Cabinet 59 of the Waldo County Registry of Deeds ( I enclose a copy
of that Plan ). I also enclose a copy of the Good Deeds Survey of
your Lot and the Rae Trust Lot, dated July 29, 1994 and recorded in
Plan Drawer 23, File Cabinet 132 of the Waldo County Registry of
Deeds.
Please review your
deed description carefully. It follows exactly the Lot as depicted on
the Good Deeds Survey. Your received no more right, title or interest
thatn the Lot depicted on the Good Deeds Survey upon which your home
sits. In point of fact, the beginning of your description runs from
the pin located on the edge of the Seaview Terrace right of way which
abuts the Rae Trust property. That monument is the starting point of
your description and legally important. The first call in you deed is
along the common boundary line, which provides unequivocally that you
do not own any property up to and adjacent to the Rae Trust garage as
you have claimed. Let me underline again that the only right, title
and interest that you have is described in your deed. Claims for land
beyond the carefully described lot in your deed are simply without
any basis in fact or law.
You have been
repeatedly trespassing onto the Rae Trust propery with brush, tarps,
a trailer and a small sailing vessel. You must immediately remove
these items. I can draw no conclusion but that you actions are
purposefully intentional to cause distress to the Co-Trustees of the
Rae Trust and their guests. There could not be a clearer set of
descriptions and clearer depiction of the common boundary line, which
you are violating. Your behavior as depcited on your internet posted
videos, as well as purposefully placing your personal property on the
Rae Trust property, is willful and malicious as there is no basis in
fact or law upon which you can claim more property that which you
received in your deed. As such, I want to be very clear that should
legal action need to be taken in Court, your willful action to
intentionally disturb and interfere with the Rae Trust property and
the Co-Trustees in their rights to enjoy and occupy their property,
will result in a request not only for injunctive relief but also for
reimbursement for all of their Attorney fees.
Consequently, it is
hereby demanded that you remove your personal property from the Rae
Trust property immediately. As you cannot behave in a civilized
manner, the Rae Trust is forced to install a fence will shall be done
in the very near future. If you don not remove your personal property
and continue to interfere with the placement of the fence, you
behavior will be monitored and complaints will be filed with both the
Belfast Police Department and the Waldo County Sheriff's Office. So
there is no confusion, your are hereby ordered to stay off the Rae
Trust property as described in the attached deed ( Book 4170, Page
125 ) and depicted on the attached Survey from Good Deeds (Plan
Drawer 23, File Cabinet 132). The placement of any property of the
retention of any property on the Rae Trust is a trespass. Your
physical presence on the property is a trespass. Directing any agent,
employee or contractor to go onto the Rae Trust property is a
trespass.
If you have any
questions or comments please direct them to me. Do not contact the
Co-Trustees of the Rae Trust. It is not acceptable to continue to
instigate conflict for no purpose other than to present yourself as a
hsotile neighbor. Since you have presented yourself in this manner
for multiple weeks, the Rae Trust Co-Trustees have had no choice but
to retain me to represent them and to make a very straight forward
demand as described in this letter. If you have any Attorney, please
have him or her contact me a this or her earliest convenience.
Sincerely,
KELLY
& ASSOCIATES, LLC
By: W/
Willam
S. Kelly
WSK/hmw
Enclosures
Cc:
Rae Trust
2/19/2013 Bill Kelly City Attorney Final Refusal to Resolve
Kelly
& Collins, LLC
Attorneys
96
High Street
Belfast,
Maine 04915
kellylaw@bluestreakme.com
207-338-2702
207-338-0328
(fax)
February
19,2013
Re:
City of Belfast/Seaview Terrace
Dear
Ms. Allen:
I
am writing to you in my capacity as the Belfast City Attorney. I
previously corresponded with you on April 26 and July 20, 2012. In
those letters, you were advised that the City had a disagreement
with you as to any alleged allegations regarding the drainage that
runs by and through your property on Seaview Terrace. You were
informed that the City had provided you with all documents in its
possession relative to the issues that you complained of and that
the City had reached a conclusion, after exhaustively looking at all
of your claims and records within the City of Belfast, regarding the
management of the flow of water through your property which has been
mapped and depicted as a flood plain and a natural course of water
flow for many decades. You choose to ignore these important
facts.
In
my April and July, 2012 letters, I informed you that the City would
not index documents, create memos, or draft narrative documents in
response to your repeated questions. There is no requirement
under the Freedom of Information act that requires the City to
provide verbal or written responses to these repetitive questions.
You continue to ask for these actions to be done and you
ignore the clear statement from the City that it is not going to
engage in responding to your questions. You choose to ignore
that City position. Repetitive e-mails from you on this
subject and your statements in Open to the Public are not going to
change the City's position. When you come to Council meetings
and make these same arguments you should expect that the Council
will not be responding to you because they have already made the
decision that the do not agree with your position.
The
City respectfully, and for the third time, requests that you
recognize we have a difference of opinions. This matter is
resolved front the City's perspective.
Thank
you for your consideration.
Kelly
& Collins, LLC
by:
William S. Kelly
WSK/kjc
cc:
City of Belfast
7/20/12 Bill Kelly-CA Letter Strong Refusal/ BDN 2006 Sweetser/CASS school article
Immediately
documents and maps were corrupted after my first with Wayne Marshall
in April 2011 when I came to The Planning Office pleading for
assistance as runoff came crashing through my property that I had
purchased in 6/2010 where there was no disclosure of a stream,
watershed outlet, flood zone, not reported on the property
inspection by DJ Brown of China supervised by Sam Mitchell of Town
and Country Realtors, High St, Belfast Me- the listing agency for
the property and the same agency of my agent, Jan Andrews. My #1
concern was no water issues on any properties- they with held and
lied and sold me a nightmare soon to unfold that spring. 1/4 of my
1/3 acre lot would become wild rapids for days, ripping over 600
feet of my property with it- getting ready to take my new 6k fence
with it.
Smirking,
Wayne pointed to the maps on the wall- and traced at least 5
channels coming into Seaview Terrace. To say I was aghast is an
understatement. I looked at him and said you can't do that- I want a
copy of that map and there was the beginning of City Hall Hell.
Here
is a prime example of unethical corrupt manipulation of not
providing public documents and information. They have been caught by
this time, with holding requested vital development plans
that prove there is my private property is not a natural outlet for
the watershed. All runoff off of my property lines is illegal and
catastrophic. A major lawsuit in the horizon.
Currently,
I have posted the documents that City Manager, Joe Slocum has evaded
for 3+ years of requesting. Had he provided these, I would be
underway with the Courts. He is buying time for the 7 year statute
with the immense fraud and corruption of the Captain Albert Stevens
School. We may be at that statute- I can't get that information. My
first request to the DEP for CASS documents was 7/2011 and they have
dodged requests and did a fraudulent investigation in
9/2012 after intense persistence. Commissioner Aho closed
the investigation when I reported the fraud. She and her
department have since surfaced as corrupt in other dealings and is
??? probably a slap on the wrists and on with the next corrupt
project. Maine Government is ranked 4th in corruption- top to
bottom. Found this article where the deal not to demolish the
Robertson School as originally planned in CASS construction is where
it all went foul. Sweetser School was to open in 9/2006. See below
Bill Kelly's letter for request and Joe Slocum manipulating. I have
requested this many times- may post it all in another heading later.
This serves as plenty for now. The Council meeting is outrageous
denial. Below is partial article from Bangor Daily News
"SWEETSER
NEARS DEAL FOR SAD34 SCHOOL"
By
TOM GROENING, BDN Staff
BELFAST
– A deal between the nonprofit Sweetser organization and SAD 34
that would allow Sweetser to lease the former George Robertson
School is close to resolution, though for less money than
previously thought.
The
school building, off Miller Street, has been vacant since June. It
was replaced by the Capt. Albert Stevens School...
______________________________________________________________________
I
have posted the spinning of my current request where the
only knowledgeable trustworthy to validate
the authentic documents or corruption of, is Bob Whitely, City
Assessor. Joe Slocum, City Manager and Wayne Marshall, City Planner
refuses to allow Bob to supervise the viewing of the original
documents and the receipt of the copies. This is non-negotiable. In
this network of Liberty and Justice, is there one person of with
Site plan and compliance knowledge that will attend the viewing
with me. I'll pay for your time, buy you lunch, and you will be
impressed, enlightened, and no doubt entertained. I happen to be
very joyful and fun when respected. Here's my number- Call Me, help
me, 207-323-5883 or laurieallen55@msn.com
_______________________________________________________________________________________________
Kelly
& Collins, LLC
Attorneys
96
High Street
Belfast,
Maine 04915
kellylaw@bluestreakme.com
July
20,2012
Re:
City of Belfast
Dear
Ms. Allen,
I
am writing to you in my capacity as the
Belfast City Attorney. The purpose of this letter is to
address and resolve issues that you repeatedly included
in emails to various City Staff and Officials which relate to the
drainage swale/ditch that burdens your real property on Sea View
Terrace.
The
City will provide access to you for inspection of documents that it
has within its possession. There will be a charge for
copies, consistent with charges made to any
citizen who seeks the format-typed of the various documents you
seek.
The
City will not bear the expense to expend Staff time for any
research that you request for documents located in
the Waldo County Registry of Deeds, or some
other location outside of the custody and control of the City.
The
City will not index or otherwise list the documents you request, or
otherwise invest Staff time to organize, comment on or interpret
the documents you seek. Each time has done so, it has been
staff's experience that you malign or mis
characterize the Staff's efforts and statements. Staff
is not required to draft narrative documents, index or characterize
them for you. Staff will locate documents and provide an
opportunity for you to review them with Staff present, and then
make copies consistent with copying charges policies adopted by the
City from time to time.
The
City has collected documents responsive to your recent emails in
the last few weeks. They are available for inspection by you
in the City Manager's Office; please contact Jennika to arrange for
your inspection. However, be advised that to the extent that
you, in person or through emails and letters, seek analysis,
written indexing or characterizations of documents made available
to your requests, the City will no longer respond to such requests.
I strongly suggest that you seek professional help regarding
analysis or interpretation of documents, surveys and plans provided
to you. It is clear to me that
you misunderstand the legal of
factual basis for many of your criticisms of the City and its
Staff, including, for example, the legal requirements, or lack of
requirements, regarding recordation of certain plans and documents
in the Waldo County Registry of Deeds, and the mistaken
implications you derive therefrom.
As
to the merits of your allegations, and as you have been previously
informed in writing by me, the City Council, Mayor, City Manager,
City Planner, Public Works Director and I find no basis for your
complaints alleging City responsibility for the flow of water
through your property. That position has remained the same
for the past year, and it is not going to
change. Your neighbors have also disagreed with your
allegations and your characterizations of the
conditions in the neighborhood. I am not aware of any
credible source or informed person that supports your position
alleging City responsibility for drainage conditions that have been
present for over fifty years on the property you recently
purchased.
Thank
you for your consideration.
Kelly
& Collins, LLC
By:
William S. Kelly
Cc:
City of Belfast
4/26/12 TOTALLY UNETHICAL City Attorney Letter
This
one blows my socks off! Such ignorance and disgrace. The City
provided documents and ordinances but not the one's I requested.
Later those multiple residents were most likely Bud Hand who the
City helped get accumulated runoff from his property to mine with
the ditch digging and culvert lowering in 2009 and The Smith's. From
the first month I moved in, the Smith's and the Hand's were very
active in calling complaints against my dogs. . The Smith's and The
Hand's do not own stream/ditch property and the Smith's I believe
built a shed on property that is not their property but is Mid Coast
Mental Health. They are not going to draw any attention to that what
so ever. Except to nail me. Peace be with you neighbors.
Then
back to the "slight moving" of what ever this was-
previously it was a farm. Seems like this would have been an
irrigation ditch running through the center of the farm. That's what
it looks like in the old pictures that I was able to score. Then
Billy Boy tries again to lead me to the path of billable hours for
his rabbit hole lunches of deception with other attorneys. Not.
Another resident warned me after she was out 10k for the City
Planner's "Highly Illegal" approval to build a house on a
lot that he said was un-buildable. Since the lot was unbuildable -
she bought her house knowing her water view would
never be obstructed.
Then, Wayne Marshall, City Planner, receives a paper napkin from Mr. Caswell (his home on the Comfort Inn property) with a sketch for a home on this unbuildable lot. Wayne Marshall approves the napkin per this resident telling me the facts. She spent hundreds in appeals to the Zoning Board of Appeals, to be voted down. The house stays.
Later, a City Council member, Alan Wood (now on the School Board and a Realtor) would tell the resident he will never forgive himself for being forced to vote against them.... They were alienated by many as they fought to save their home. Forced to hire an attorney that said open and shut case, highly illegal... and after 10k all the resident saw was her attorney lunching with the City Attorney. A motion was no where in sight. She stopped pursuing and put her house up for sale.
Then, Wayne Marshall, City Planner, receives a paper napkin from Mr. Caswell (his home on the Comfort Inn property) with a sketch for a home on this unbuildable lot. Wayne Marshall approves the napkin per this resident telling me the facts. She spent hundreds in appeals to the Zoning Board of Appeals, to be voted down. The house stays.
Later, a City Council member, Alan Wood (now on the School Board and a Realtor) would tell the resident he will never forgive himself for being forced to vote against them.... They were alienated by many as they fought to save their home. Forced to hire an attorney that said open and shut case, highly illegal... and after 10k all the resident saw was her attorney lunching with the City Attorney. A motion was no where in sight. She stopped pursuing and put her house up for sale.
_________________________________________________________________________________
April
26, 2012
Re:
Flood Plain Issue
Dear
Ms. Allen:
I
am writing to you in my capacity as Attorney for the City of
Belfast. I have reviewed a copy of your most recent e-mails to
the City of Belfast dated April 23,25 and 26,2012. I have been
following your correspondence to the City for these last few months,
and I am aware that you have a copy of my correspondence to the City
Council, addressing the fact that the City has
not exhibited control or ownership of
the drainage swale/stream located on your property, which has been
the subject of your communications to City
Hall.
Your
e-mails, at this point in time, and the information that you are
requesting are repetitive from information that has bee previously
provided to you, which includes documents and aspects of the
ordinances of the City of Belfast that have been identified as being
responsive to your request for information of the controlling local
law that addresses your stream/swale, as well as the approval and
permitting process for the hospital annex located near your boundary
line.
I
have also been aware of your comments in which you have derided and
made unfair, insulting, and untrue characterizations regarding
various City officials. City official maintain a decorum and a
level of respect for citizens that sometimes requires them to take
passing insults and unfair characterizations somewhat in stride in
their daily work. It appears
to me that your repeated unfair characterizations and defamatory
statements have become a form of sport for you. You
couple these characterizations with your own versions
and characterizations of efforts made be City
officials in the last year in responding to your requests. It
appears that it is time for me to advise you to stop harassing City
employees.
You
have been provided the information that you have requested and have
been provided references to other tools within the City such as
ordinances, documents, permitting process information and
regulations. You have chosen not to use the aid of
professionals, and you have repeatedly stated that you cannot afford
such help. However, the system is fairly straightforward in
that the City is required to provide you with information and
materials, which it has done. It has exhausted the information
that it has available to it in providing you with responses to your
requests. There is nothing more any City official can provide
to you, nor any other resources that you can be directed to which
you have not already been directed to by the City officials. The
City cannot advise you when it disagrees with your position- that is
a conflict of interest. Your repeated requests relating to the
same information are not going to lead to different information, nor
different positions of the City officials. The fact that you
do not agree with the City's position is well understood. However,
there is no point, purpose or result that will be obtained in
your continuing efforts to make false
and untrue statements and characterizations as
to the efforts of the City officials. City officials and staff
employee time is a limited commodity. It is not possible or
practical for the City to continue to respond to the same questions
and same observations from you on a repeated basis merely because
you disagree.
The
City officials have expended significant time and energy in
addressing your questions and requests. They have done all the
can do and there is nothing more they can do at this point in time.
As a result, to the extent that your e-mails, commentary and
questions are repetitive, there is no purpose at this point in the
City officials responding to you. That will be the course that
is taken from here on regarding repetitive inquiries. Therefore,
your future e-mails, to the extent that they are repetitive and
cover the same issues that already have been asked and answered by
the City officials, will result in an e-mail from whomever you
provide the e-mail to with the simple comment
that there is nothing further that the City
can provide for you at this time beyond what has already been
provided.
I
am aware that multiple residents on Seaview Terrace do not share
your concern, do not share your methodology of unfair
characterizations of City employees, nor the way that you describe
the impact on your property's value regarding stream/drainage
swale, which has been in
the same approximate location for at least 50 years and certainly
for a greater period of time before it was
slightly moved by the developers in the late 60s. I
encourage you to seek legal an/or attorney or professional
engineering advice to address your private issues. I am happy
to speak with your attorney or engineer at any time.
Thank
you for your consideration.
Kelly
& Collins, LLC
by:
William S. Kelly
12/27/11 Belfast City Attorney-Bill Kelly SandBags Me 1987 Eng. letter, 1/3/12 Agenda Meeting, 5/1/12 Neighbor Alienation meeting...
These
letters on the blog are unreadable on laptops- I'll type them here,
word for word. This first letter was read to me at the 1/4/12 City
Council Meeting where I was finally placed on the agenda and
sandbagged. City Attorney Bill Kelly spoke for City Council and
read me this letter. I was thrown, didn't grasp that he was
speaking for them, didn't understand how this 1987 engineers report
was never given to me when I asked for the history
and development of my property and Seaview
Terrace. Even then, the report was corrupt. It reads like you see a
bee sting on your hand and wonder how? Yet you refuse to look at
the massive bee nest buzzing above your head. Idiots to try and
pass this off. I try to question Bill Kelly on how this is even
relevant after 25 more years of development. ) He ran out of the
meeting and City Council quickly voted to take no further action
and closed the agenda. In hindsight the report is actually
even more relevant-
*** http://vimeo.com/34563093 1/3/12
City Hall Meeting- Seaview Terrace 1rst on agenda (I also speak
publicly ff about 15 minutes in- 3rd person up. Council remains
silent and hires City Attorney, Bill Kelly with our tax dollars to
try and deflect the forced flooding. KELLY REVEALS YET ANOTHER
PUBLIC DOCUMENT OF FLOODING ON SEAVIEW PURPOSELY WITHHELD FROM
ME.(Who knows what else they hide? Impossible to know, I have been
intimidated and refused information on my property for 10 months
and counting. ) A 1987 City hired engineer report that...SURPRISE-
does not hold the City accountable for flooding. In fact, even with
residents complaints of flooding in 1987, begins the City Planning
approvals for Capt Albert Stevens School, Volunteers of America,
Tall Pines, MidCoast Mental Health to build, eliminating ground
absorption, accumulating storm water in huge dug out pools and
channel down to private property, Seaview Terrace. Clobber us
further by taking the storm water across Rte 1 from the Armory,
National Guard, down to Pray's Homes along the side, back towards
the trailer park, meandering and to accumulate more stormwater from
who knows how far back and back across Rte 1, culvert forced
directly into Seaview Terrace.
Seaview
Terrace began flooding in the late 70's ( 10 years after
development and with the first developed site a mile above- The
Belfast or the Hilltop Birches in 1975?). A neighbor recently told
me that they were at a Christmas party 1979-80 in my current home
then owned by Dr. Caswell. They were down stairs and it began
raining. He said the water came pouring in through the walls- they
had to run out of there. Dr. Caswell was the original owner and it
took him till 1987 to get the City to investigate and this corrupt
City Engineer report made Puzz Caswell (local realtor) run. The
house was sold to a banker, then sold to a minister, then sold to
me. The corruption stops here. Note how Bill Kelly refers to the
ditch as a "stream/flood and drainage swale" and "that
there is no question in my mind that the stream/drainage swale was
moved....". Note Kelly doesn't refer to any City meetings
on Seaview Terrace from 1975 on where residents- Dr. Caswell, Mr.
Gerry and Mrs. McDonald file flooding complaints to the City. When
did the Huntress Gardens Apartments behind Mr. Gerry's house go up.
Probably around the same time he started taking in water. Planning
Abuse non stop.
Up
until my covert raid on City Hall and uncovering the hidden plans
showing that is was not a natural stream City Hall was full rant
and chant- 100 year old natural stream. Clearly visible that this
is a man made ditch on my private property for my private runoff
drainage ONLY. But without documents locked in City Hall, they can
lie however and whenever they need to. This letter is true cover up
corruption. He reviews "record evidence" but never visits
the site or contributing sites. The engineer's report, pure cover
up corruption. He is also covering up the City work done for
private drainage on 23 Seaview Terrace in 2009. City Manager, Joe
Slocum denied that any work was done while residents confirmed
heavy City equipment dug out that ditch which is far from the
culvert and road. The water in that ditch would never reach the
road because of the culvert. However the ditch was not draining
into the stream because of overgrowth. 27 Seaview Terrace called
public works to say it was a nuisance, stagnant water and bugs. The
City came and dug out the ditch.On the opposing side at 26 Seaview
Terrace, Bud Hand told me that he made an agreement to
maintain this ditch at 23 Seaview Terrace belonging to Karen
Caswell to make sure the water would drain from his property to the
ditch, to the stream, and to my property. This is against the law.
In later letters from Bill Kelly I have no doubt that this is the
neighbor who is not in agreement with my findings as Bill campaigns
to alienate me from my community. In fact, Bud comes to a meeting
(2011), appearing very frail and asking for relief from my protests
of flooding. It was choreographed and sad but effective to the
public. The next day, as usual, he was up and down the street with
his wheel barrow and tools, the handyman fixing neighbors roofs and
gutters- up and down on ladders. Amazing for his age or ANY
AGE FOR THAT MATTER!
5/1/12
City Council Meeting Video http://vimeo.com/41411785
forward
exactly 22:20 (minutes/sec) I speak quickly to avoid "jail"
a nice looking police man is standing by, this is not normal. I did
not realize he was there for me, and he was visibly shocked when I
offered him a friendly, loud hello. My neighbor 2 houses up and
across speaks for 7 minutes. He never told me he would be taking my
private conversation with him to City Hall- which is fine by me.
What he doesn't say is that when I tried to tell him corruption
details, including storm water draining that he is doing with City
help (since 2009) is illegal and eroding my property- he threw his
hands up and walked away. He did not want to see the maps that show
all the storm water illegally being forced to Seaview Terrace
private property either
_______________________________________________________________________________________________________
William
S.Kelly, Esq.
Kristin
Collins,Esq
96
High St.
Belfast
Me 04915
kellylaw@bluestreakme.com
12/27/2011
Re:Flood
Plain Issue/Seaview Terrace
Dear
Council Members:
I
have had an opportunity to review the record evidence and
information available relating to claims of Laurie Allen relative
to the stream/drainage swale behind her house. I have reviewed the
records from the Public Works Department, Assessor's office, the
Code Enforcement office and the Clerk's office. These
records have largely consisted of aerial photography, notebook
logs, Council meeting minutes relating to Seaview Terrace from 1965
to 1975, copies of a 1987 engineering report (attached hereto),
United States Geologic Service floodplain maps,
the original subdivision and amended
subdivision plans relating to the private development which
is now served by Seaview Terrace, as well as e-mails and
correspondence which have occurred between
Ms. Allen and various City officials. Finally, I have also
reviewed the statutory and common law that are applicable. I
have also spoken with Bob Richards, Bob Whiteley, Wayne Marshall
and Joe Slocum.
I
conclude that the City Of Belfast has no right,
title, interest or obligation to maintain the
stream/flood and drainage swale
which burdens Ms. Allen's property.
I
am significantly influenced by the fact that in 1987, an engineer
was hired by the City as is referenced in the attached document,
and he found no evidence of any obligation of the City to maintain
the stream/drainage swale in that area at that time. That was
24 years ago. I have to assume that when the matter was
freshly being discussed in 1987, they also looked at the historical
evidence of the prior 20 years in terms of any control or
maintenance over that drainage swale as exercised by
the City. I have not found any evidence that
the City was ever deeded any form of easement or took control of
it.
It
is significant that the stream/drainage swale on Ms.Allen's
property was part of a significant system that
is topographically driven such that water
comes from near the Robertson School, flows down and through, by
and along the northerly side of Seaview Terrace, then crosses
Northport Avenue,then courses through an underground drainage
system at the hospital and then through City Park to the Bay. The
aerial evidence, including the photograph from 1957, confirms that
this natural drainage system has been in existence since at least
1939, clearly demonstrating the existence of the stream well before
any approval or development of the Seaview Terrace subdivision.
I
will also say that there is no question in my mind that the
stream/drainage swale was moved at some point after the subdivision
was approved as originally and then amended in 1965/66. This
clearly was a matter that benefited the private landowner in terms
of moving the stream/drainage swale in a northerly direction and
away from the Seaview Terrace road. Using some simple
scaling, it appears, based on an aerial photography, that the
stream/drainage swale may have been moved approximately 35 or
40 feet in a northerly direction; however, as depicted on
present day maps and considering the stream/drainage swale location
as depicted on the 1965 topographical subdivision map, it is clear
that while the stream/drainage swale has been moved, it has at all
times been located within the boundary lines of the lot that Ms.
Allen now owns. Again, having seen no evidence whatsoever that the
City controlled or developed private real property, and I would not
expect it to do so, I come to the conclusion that the diversion
or relocation of the stream/drainage swale
was done privately. Significant to note, however, is the fact
that the diversion of the stream/drainage swale is what provided
for the possibility of most of the actual development of the houses
that sit on the northerly side of the Seaview Terrace road.
Without moving the stream/drainage swale, the houses on the
north side of Seaview Terrace subdivision, including Ms. Allen's
property, would not have been buildable.
The
laws have changed significantly since 1965 and 1966 as to how
stream and wetlands are treated and I am under no understanding or
belief that there was any law violated when the stream/drainage
swale was moved. It is my understanding that there was a site walk
with the City Code and Planning Office and a representative from
the Maine Department of Environmental Protection,
and it was concluded that Ms. Allen qualifies to obtain a $65.00
permit by rule which will allow her to then engage in private
mitigation efforts to address any erosion issues on her site.
In
policy terms, it would be unlawful for the City to use public funds
to improve private property, be that for erosion control or any
other reason. That said, the City is obligated to maintain
the drainage systems and culverts located within the right of ways,
as well as those for which the City has obtained an easement over
private property. I find no evidence that any failure to
maintain/clean out the culvert which crosses Northport Avenue near
the intersection with Seaview Terrace in any way caused the erosion
that Ms. Allen has described.
SUMMARY
As
was determined 24 years ago, the drainage issues relating to the
lots on the northerly side of Seaview Terrace
are private matters. There is no credible evidence that the
City of Belfast created, installed or has maintained this
stream/drainage swale since 1965 when Seaview Terrace was first
approved as a subdivision. City officials are legally
precluded from improving private property with public money for any
purpose, including private drainage. That said, the City
should continue to maintain all existing public culverts
at all right of way crossing of the particular flood
plain, as it has done in the past. The City may elect to
install infrastructure addressing carriage of water under City
public streets as the City's elected official deem necessary, but
the statute placed that decision solely within the discretion of
the City Council.
_____________________________________________________________________________________________________
Below
is the 1987 City Consulting Engineer of Belfast A. Neil Finlayson,
P.E. findings to Wima Moses, Belfast City Manager. Mr.Gerry
is at 18 Seaview Terrace across the street from me (now owned by
Charles Beck) Mrs. McDonald is at 11 Seaview Terrace next door to
me (now owned by Rose and Frank Costello) and Dr. Caswell is 17
Seaview Terrace (now owned by me, Laurie Allen) A tri-angle.
August
26, 1987
Subject:
Seaview Terrace Drainage Problems
Dear
Wilma:
The
rain water drainage problems which we investigated this morning on
Seaview Terrace, are primarily due to the overall topography of the
land on which this development was built. In general, the
land slopes downward from South to North across Seaview Terrace.
In addition, there is a slope form the direction of Route 1
Bypass downwards towards Northport Ave.
The
owner complaints, as I recall them, are as follows:
1.
Mr.Gerry states that after heavy rains his basement tends to
collect water. (The same problem of
basement flooding is a regular feature in
many other houses in Belfast.)
This
problem could be minimized by having Keith Pooler lower the culvert
that crosses the road at Mr. Gerry's lot and make sure it is clean
inside for maximum water flow from his lot across Seaview Terrace
to the boundary between Mrs. McDonald's lot and Dr. Caswell's. In
addition, it should be suggested to Mr. Gerry that if he would
increase the cross sectional area of his ditch which empties into
the City culvert, (now about 6" wide and of equal depth),
there would be less tendency for water to
collect on his lawn, and thus send its way into his basement.
2.
Mrs. McDonald says that rain water drainage, after a heavy
rain, can rise to the point where it gets into and damage expensive
plantings at the easter side of her house. In part, this may
be due to water flooding across the road from Mr. Gerry's house.
But there is also water coming down on her side of the road
from other lots above hers. Lowering and cleaning the culvert
in front of Mr.Gerry's house would tend to minimize flooding over
the road, but the overall effect with respect
to correcting her problem might well be negligible.
It
should be suggested to Mrs. McDonald that if she had a sizeable
ditch dug from the end of the culvert on her side of the road and
carried it back to the "Brook", it would probably reduce
the flooding of her gardens.
3.
Dr. Caswell has mentioned that after heavy rains the brook
can flood and create problems for all owners whose lots back up to
it. He suggests that the City clean it out to reduce this tendency.
I have a feeling that this brook is NOTHING MORE THAN A
DRAINAGE DITCH PUT IN BY THE DEVELOPER OF THE TRACT.
You
could suggest to Dr. Caswell that his brook is
private property and that if he, and other
owners, feel strongly about the problem, that the hire a
contractor to clean out the brook to their specifications.
Summary:
As
you mentioned during our visit, the basic cause of the is the
topography of the land which the owners bought.
Actions:
Suggest
to the owners:
1.
Aside from the culvert, which is on a Belfast City
street and thus a City responsibility, all other possible
corrective actions involve private land and must be carried out by
the owners themselves.
2.
The flooding problems that exist are inherent in the
topography of the land that them bought; it has existed pretty much
as it is now, from the outset. The problems are not due to
any action by the City and are therefore not a direct City
responsibility. However, in accordance with your belief that
the City should assist the residents with their problems, I have
added my thoughts on the action the might take to minimize these
problems.
Very
Truly Yours,
A.
Neil Finlayson, P.E.
City
of Belfast Consulting Engineer
8/4/2017
BPD Chief McFadden & TWC Tech Tom Spectrum Got You All of You Stupid Mobstah Lobstah's
https://youtu.be/R-1sjerH5b8
Went public in 11/2011 with 40 minutes of Joisey Girl nailing and nailing, scared, choking back tears. Internet problems followed- always Tom. Few months later I hooked him as the brother-in-law to BPD Chief McFadden. City Council called me in as threat in 5/2011, Pee Wee McFadden (prior porn internet detective) cleared me and when I said, hey- you're TWC Tom's brother- in-law. He went white and almost fell of his chair. No more internet problems after that. TWC refused to investigate. Epic busts, downloading child porn onto problems, blah, blah, blah. To have Belfast Judge Patricia Worth and John Worth the Turd (III) own, incarcerate, take children, order psych. eval., drug 'em, juice them into the system, MaineHealth, all filthy scumbags.
Documented and barely skimming their ripping away life after life, child after child, hope after hope. I am so sorry for you. I's got to go fishin's with my guy. If there are any legal issues with my blogs, please contact me at laurieallen55@msn.com and I will fix it. Belfast-Augusta Short List Mobstah Lobstah's http://boycottbelfast.blogspot.com/p/blog-page_41.html
