"The Planning Board, at its June 22, 2011 Board meeting, found that the stormwater management system proposed by Waldo County General Hospital for construction of a new office building (building #2) complied with all City Ordinance requirements. The Planning Board conducted 3 public hearings and a site visit as part of its review of this project, and also considered all public comment offered at the public hearings in making its decision. No party chose to appeal the decision of the Planning Board within the appeal period, thus, the decision of the Board governs how development of this site can occur. The Code and Planning Department will inspect project construction to ensure that it complies with the approved plans. If the Hospital proposes an amendment to the approved plans, the City Planning Board will consider if the proposed amendment satisfies Ordinance requirements." Direct quote from Wayne Marshall.
Lip Service to Shield Removal of Public Documents Vital to Seaview Terrace History & Flooding, Clearly Wayne had the 1966 plan showing the stream was moved and never revealed this. I made a surprise visit (November 2011, 7 full months after request after request to Planning, Council, Mayor, City Manager for a Seaview Terrace history and investigation) in suspicion and hope to "catch" documents out in view at City Hall and struck pay dirt. Bob Whiteley, Tax Assessor, had the original plans spread out on the table and was clearly shocked that I had not been shown these plans prior. This original plan clearly showing the stream would right now be under my house, and the City approved and moved the stream back approx 75 ft without stabilization. Bob and Nancy are the ONLY City official's that were truly concerned and distressed at my findings. Bob and I spent the day touring the path of destruction to Seaview Terrace. NOTE THAT INVITATIONS TO TOUR THE DESTRUCTION WERE OFFERED TO WAYNE MARSHALL AND JOE SLOCUM AND OTHER PARTIES..THEY REJECTED AND REFUSED TO TOUR. HENCE, I REQUESTED BOB WHITELEY TO TO STEP INTO MY PICTURES THAT I WOULD PRESENT TO COUNCIL AT THE NEXT MEETING. I did this in anticipation of Joe Slocum and Wayne Marshall attempting to further discredit the truth and battering of this single mother, me.During the tour of destruction, Bob and I were advised that the stream was MOVED AGAIN around 1975 at the top of Seaview Terrace by a "viable" source. I asked Bob why Wayne Marshall and Joe Slocum sent me on goose chase to everyone except the to the holder of the actual maps and original plans... the Tax Assessor's Office? He said he didn't know, it was a good question. Weeks prior, I had requested a property assessment that took several weeks to appoint. Joe Slocum had been advised of that meeting and surely was upset when the meeting did not go as he had choreographed. I do not think Bob and Nancy were prepared for my honest, heartbreaking documented accounting of the hell that Wayne Marshall and Joe Slocum have put me through. My worthless property was not reassessed- Joe Slocum oversees Bob Whiteley, I know that judgment came from Joe. Joe made sure I received a letter in writing saying my property remains at the same taxable value. In the next City Council meeting, Joe Slocum tries to defend the corruption AGAIN. Saying he has actually been looking for those plans. Really Joe, you knew Wayne had them as stated in his email below. I was never shown the original plans or told that they too went missing, like the maps ( where you offered to charge me for every effort to NOT give me public documents) and then to also with hold the City Engineer Report on MY HOUSE done in 1987- when flooding began occurring, 20 YEARS after development. Joe Slocum had the nerve to SCOWL at me at the most recent City Council work shop at the boat house on 5/8/12 as I stood out there with my sign. Eric Sanders was kind to me. I do think that the majority of Council wants to fix this but I don't understand the refusal. Are our misused tax dollars worth the destruction of your integrity? I may still be protesting this for the rest of my life and the unstoppable force of integrity propels me forward. It is the only path. Happy Mother's Day, rob my children of me.
Date: Fri, 27 May 2011 16:34:05 -0400
Subject: Re: 17 seaview/city storm f/u
Dear Ms. xxxx:
I wanted to ensure that I spoke with Bob Richards, Superintendent, Belfast Public Works Department, before I responded to your email regarding the concerns you expressed regarding stormwater management on SeaView Terrace. I also want to address what I believe may be a misconception on your part regarding who constructed SeaView Terrace and the accompanying stormwater system.
As background, the subdivision plan of the Wendell MaCleod Housing Development (SeaView Terrace) was approved in 1966. This plan is recorded in the Waldo County Registry of Deeds, Book 6, Page 23. Like many subdivision plans prepared in the 1960's it mostly identifies the location and dimensions of the lots in the subdivision,and the location of the new access road and accompanying right-of-way (SeaView Terrace). The recorded plan for this subdivision also identifies two other features; the natural contours for the property, and the layout of the houses proposed to be constructed on lots 1,2 and 3. Unlike subdivision plans that the City now requires a developer to prepare, it does not include information such as but not limited to: areas within the flood zone, areas that qualify as wetlands, stormwater management systems that will be constructed, the location and depth of water lines and sewer lines, and the location of power poles. The 1966 Plan, and a subsequent 1978 amendment, are the only two documents of record on file in the Registry.
As is the case in all subdivisions, the developer/owner of the subdivision is responsible for constructing all road, water, sewer, power, drainage/stormwater and similar improvements. This occurred with SeaView Terrace as Wendell MacLoed built the original road and stormwater improvements. It appears that the stormwater improvements on SeaView Terrace largely consist of 3 small culverts under SeaView Terrace, a larger culvert near Route 1 and a drainage swale that is located between the house and garage located on your property. I also specifically note that City, through a vote of the Belfast City Council, will not take ownership of a new road (and the accompanying road right-of-way) as a public road until the original owner constructs all road and drainage improvements.
In short, the road and stormwater improvements that exist in the SeaView Terrace Subdivision were constructed by the original property owner, and the location of such were determined and constructed by the original property owner. The City, by accepting the road, assumed the long-term responsibility to maintain such improvements (they are now a City responsibility as publicly owned improvements and land). As such, the Department of Public Works periodically performs maintenance; for example replacing culverts, digging out drainage ditches/swales and resurfacing the road. All City work has involved maintenance. The City has not taken any action to re-route stormwater or to construct new drainage improvements.
I recognize and understand that you are concerned about how stormwater is affecting your property. The City, however, believes that it has not taken any action to alter the stormwater management system constructed by the original property owner, and we believe that we are not responsible for any damage (from stormwater) on your property.
I also will note that if you believe the opinion I have stated may be wrong, you do have the right to prepare a claim for property damage and to submit this claim to our insurance carrier. Our insurance carrier can make a decision regarding your claim and any City liability. If you would like to submit a claim I can obtain and provide you information regarding how to file such.
On behalf of the Department of Code and Planning
Subject: RE: 17 Seaview Terrace
Date: Thu, 12 May 2011 08:30:00 -0400
Thank you Mr. Marshall. I would appreciate a copy of the map. The fact that the City can and has channeled water to our neighborhood and is not accountable for the damage to the taxpayers property is wrong. Culverts are placed on City property to protect against erosion. I am stressing the fact that this erosion is beyond an occasional event but imminent destruction and rapid loss of my property at the control of the City. The point of this being a 100 year floodplain because this tells me that the City should have taken extra precaution to divert water from this area, to City property for control and funding. However, it seems to be intentionally routed it to the residents.
I am purchasing the flood insurance but that will not protect me against the damages and dangers of the severe erosion. The pictures do not do justice to the dangers and the severity. Please come and visit before the steam rises. I dropped my land line yesterday and can be reached via email or cell 323-5883.
Thanks again for your professional and respectful assitance.
Date: Wed, 11 May 2011 10:07:25 -0400
Subject: Re: 17 Seaview Terrace
Dear Ms. Allen
The letter you dropped off last week that we discussed has been delivered to all Planning Board members and it will be entered into the record at tonight's public hearing. I also will ensure that the Board receives this email that you sent to me today. The Board will discuss stormwater concerns associated with this project.
I also note that we have revised the agenda for tonight and that the Hospital likely will be heard much earlier than originally anticipated. The Shipyard project will not be heard tonight which results in the Hospital moving up on the agenda. I would guess that the Hospital discussion will now start between 7:20 and 7:45 p.m.
I also appreciate the information you have presented regarding erosion and flooding that affects your property. When I spoke with you at City Hall last week and I identified the flood zone maps for this area I wanted to ensure that you were aware that this area is an active floodplain, and as such flooding and accompanying erosion are events that may occur from time to time. The identified flood zone reflects the 100 year floodplain. As such, this means that water and flooding will not always be present, but that flooding will occur from time to time. I also wanted to point out that the stream located to the rear of your house is part of a much larger floodplain and drainage area, and that stormwater that accumulates through-out the area from the Route 1 by-pass through City Park has an impact on flooding that occurs to the rear of your house.
I also note that the City does not own the property, have an easement on the property, or manage the stream and floodplain located to the rear of your house or throughout most of the area that is in the active flood plain from the Route 1 by-pass through City Park. Our main points of control are when this floodplain and stream crosses over a City street, such as at Congress Street, Wight Street and then again at Northport Avenue. As such, the City does not have the authority to enter privately owned property or to expend public funds on privately owned property to try and address flooding concerns that are occurring on privately owned property.
I do, however, hear and understand your concern. I also will discuss your concerns with other City officials to discuss your concerns. It may take me two weeks or so to get back to you, but I will be contacting you in the near future regarding stormwater concerns in this area.
Thank you for contacting me. If you would like to present other information for me (the City) to consider, please feel free to contact me.
1 at 9:15 AM, LAURIE ALLEN <email@example.com> wrote:
Dear Mr. Marshall,
Last week we met and I gave you a letter and pictures to advise of my concerns for the construction of the WCGH office building. I cannot attend the meeting and am sending this email to confirm that all members will receive and review my letter and pictures.
In addition, I am requesting direction as to the next step I need to take in regards to severe erosion from all the runoff that is diverted onto Seaview Terrace. Please send me a copy of the map showing all the paths that we looked at when I came to your office last week.
In 2005, a top of the line, sump pump system was installed at my home from TC Hafford Basement, costing 6k. I understand that most of the residents on Seaview Terrace have water in their basements and flooding. My neighbor across the street, at 18 Seaview Terrace used the same company this winter to install the system at over double the price.
Flood insurance will cost me an additional 2k per year and covers the home only (2 lots must be flooded before consideration).
The severe erosion on both sides of the drainage ditch in less than 1 year is beyond alarming. The pictures confirm need for immediate resolution. Large trees will fall, my property will continue to diminish, my new fence will be destroyed within a year at the current rate of erosion.
I am a single mom, low income, recently unemployed and cannot accept this situation. I have been watching the meetings and all of the concern for saving a tree from the travel of turbine blades. The resident was not present at the meeting, but everyone was going to bat for this resident's tree (I am not even sure if this tree is on the resident's property.)
I spoke with Puzz Caswell, (the original family that owned this property) and she cannot believe the recent amount of erosion that has swallowed our properties (her in-law, Karen owns the adjacent lot).
The City of Belfast has channeled an enormous amount of runoff to Seaview Terrace and the lack of culverts is costing the residents of Seaview Terrace thousands of dollars, continuous flooding, loss of land at a rapid rate and will continue until the City corrects the problem.
Per our conversation, the City will not correct the problem and to make matters worse, is the construction of the office building creating even more runoff and taking my property with it which will cause unstoppable catastrophe. This is not acceptable. Please advise what is my next step that must be swift.
17 Seaview Terrace
City of Belfast
131 Church St
Belfast, ME 04915
207-338-1417 x 25 (phone)
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