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WATERFRONT ACTION GRANT 306(a) 309 Projects Nov 1987 HT 167.5 .M2 W38 1987 "'S"T a, Co U 0 STATES DE T E OF COMMERCE 72 , , National Oceanic and Atmospheric Administration NATIONAL OCEAN SERVICE "ArEs Of OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT Washington, D.C. 20235 A 20M TO: DC/35 - Vincent Martin FROM: N/ORM3 Patricia L. Scott SUBJECT; Approval for Section 306A Projects Under Maine's Award No. NA87-AA-D-CZ063 The attached letter of November 13, 1987 requests: 1. Approval for eight Section 306A projects which are described in the attachment to the State's November 13, 1987 letter for the following.Towns: a. York b. Scarborough c. Augusta d. Rockport e. Vinalhaven f. Southwest Harbor g. Bar Harbor to h. Machias ON -11 - The projects have been reviewed by the appropriate OCRM :Edivisions and NOAA's General Counsel's office. It has been determined by these offices that all eight projects meet the OCRM requirements for Section 306A projects, providing the !@following special award conditions are added: a. All eight of the above referenced Section 306A projects shall be open to the general public for access and use, for non-residents of.applicant towns. b. The Towns re tceiving these funds shall submit a regular Code Enforcement Officer's report on shoreland zoning and subdivision permit and violation activities to the Department of Environmental Protection. C. No funds may be spent on the projects for the Towns of Southwest Harbor, York, Augusta, and Rockport prior to obtaining all local, state and/or F e deral permits or licenses, as required. The permits shouuld be kept in the files of the lead agency. d. No funds shall be spent on any of the eight referenced tasks until the State has obtained adequate documentation on consultation on the projects by the State Historic Preservation Officer. US Department of Commerce NOAA Coastal Services Center Libra17 L T__ 2234 South Hobson Avenue - Wd 9 Chariesto14 SC 29405-2413 _j W - 0@- Approval is recommended for the eight projects, along with inclusion of the above conditions. 2. Please extend the grant for 90 days, to October 31, 1988, to allow completion of these tasks, given the limited period of construction time due to weather conditions. Concurrence: N/ORM4 - Staff GCOS - Attorney Advisor N/ORM3- NEPA Unit"" Attachments cc: OCRM Files Unit Evaluation NEPA Unit 4 WV 16 STATE OF MAINE K EXECUTIVE DEPARTMENT STATE PLANNING OFFICE JOHN R. McKERNAN, JR. RICHARD H. SILKMAN C-30VERNOR OIRECTOR November 13, 1987 Pat Scott NOAA-OCRM 1825 Connecticut Ave, NW Washington, DC 20235 Dear Pat, I am pleased to submit 8 of Maine's FY 87 Waterfront Action Grant (306A) projects to you for the federal review and approval process. Enclosed are 5 notebooks containing all the required documentation for these projects. We are still working with several towns to redesign projects and assemble the necessary documentation. As follow-up to our meeting with Kathy last week, we will be including a grant condition on all 306A projects requiring each town to submit a Code Enforcement Officer's report, on shorelan.d zoning permit and violation activity, to the Department of Environmental Protection prior to the expenditure of any grant funds. Rich Baker, the Shoreland Zoning Coordinator, feels that this requirement will encourage compliance with the Shoreland Zoning Law's mandatory reporting provision. In addition, we are developing a solicitation procedure and schedule for next year's local grants program as suggested by Kathy. Please call Sherry at 289-3154 if you have any questions about the 306A projects. Sincerely, David Keeley, Director Maine Coastal Program WAG/lc FORM CD-15 U.S. DEPARTMENT OF,.COMMERCE DATE (12-6-73) PRESCR. BY DAD 214-2 TRANSMIT/ROUTE BUILDING. TAKE INITIALS NAME ROOM OR ACTION REFERENCE NO. BELOW AND DATE AS S-lvl, ACTION ITEMS 'R . 0 R., 1. APPROVAL/SIGNATURE 9. YOUR IN ORMATI 2. CLEARANCE/INITIAL3 10. PER OUR CONVERSATION 3. RECOMMENDATION OR COMMENT 11. AS REQUESTED 4. RETURN WITH MORE DETAILS 12. Nr=CESSARY ACTION 5. INVESTIGATE AND R15PORT 13. CIRCULATE AMONG STAFF 6. NOTE AND SEE ME 14. ANSWER DIRECTLY 7. NOTE AND RETURN PREPARE REPLY FOR SIGNATURE 8. NOTE AND FILE OF: COMMENTS CD Continued on rO"f@O BUILDING, FROM (Name) ROOM OR CODE AND EXTENSION REF. NO. 5@,& GOVERNMENT PRINTING OFFICE'1983 -403-545/7684 US.COtAM-OC 1251-P74 vl- 0-&6 ()j COD 'law ,-SAO vic@ OL/ Ce fi e @Ieio 1/1 , pq) 110 S"T or co@' UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL OCEAN SERVICE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT Washington, D.C. 20235 DATE: TO: -P^* FROM: M)ok- 1@ (.0 SUBJECT: NEPA REVIEW OF THE FOLLOWING PROJECT(S): met 11'ho- C I have reviewed the information regarding the above subject project(s), and based upon this information, I have made the determination that the proposed project(s) will not have a significant effect on the human environment and qualifies as a categorical exclusion under NOAA Directive 02-10. An environmental assessment will not be prepared. cc: &-c NVRA PROPOSED FY87 MAINE WATERFRONT ACTION GRANT PROJECTS COASTAL TOWN PROJECT TITLE FUNDING 1. York Rehabilitation and $46,000 Expansion of the Town Wharf 2. Scarborough Town Landing Acquisition 50,000 Project 3. Augusta Riverfront Greenway 24,931 Footpath' 4. Rockport Floats and,Ramps at 7,000 Rockport Marine Park 5. Vinalhaven Vinalhaven State Beach 50,000 Acquisition 6. Southwest Harbor Manset Dock Boat 5,812 Pollution Abatement Facility 7. Bar Harbor Harbor Park Development 40,000 8. Machias Machias Riverfront Park 24,000 South Side Shorepath TOTAL $247,743 PROPOSED FY87 MAINE WATERFRONT ACTION GRANT PROJECTS COASTAL TOWN PROJECT TITLE FUNDING 1. York Rehabilitation and $46,000 Expansion of the Town Wharf 2. Sparborough Town Landing Acquisition 5,0,000 Project 3. Augpsta Riverfront Greenway 24,931 Footpath 4. Rockport Floats and Ramps at 7,000 Rockport Marine Park S. Vinalhaven Vinalhaven State Beach 50,000 Acquisition 6. Southwest Harbor Manset Dock Boat 5,812 Pollution Abatement Facility 7. Bar Harbor Harbor Park Development 40,000 S.. Machias Machias Riverfront Park 24,000 South Side Shorepath TOTAL $247,743 MAINE COASTAL PROGRAM F'Y,07 WATERFRONT ACTION GRANT (306A)-PROJECTS N A 0 C K MACHIAS L- 0x AR HARBOR fs SOUTHWEST HARBOR ROCKPORT CARBOROUGH CIA AUGUSTA VI,NALilAVEN YORK YORK YORK Rehabilitation and Expansion of the Town Wharf $46,000 Project Description The Town of York, located in southern Maine, is experiencing rapid residential growth and the accompanying conflicting demands for waterfront land. There is urgent need for expanded pier facilities to serve both the traditional fishing industry and the increasing number of recreational boaters. York Harbor Town Wharf provides the only facilities for the Town's commercial fishermen and also serves a large number of pleasure boaters. The proposed improvements will improve access to the water for both user groups by strengthening the wharf to permit vehicle access for the on and off loading of gear and fish products. The addition of eleven new floats will increase the available dinghy tie-up space by 60% while the construction of a bait platform will enable fishermen to load bait directly onto their boats from the wharf. Scope The Town proposes to: 1. cons truct and install eleven new floats; 2. install a bait platform; @/ 3. reinforce the wharf supporting structure to allow the use of vehicles on the wharf deck; and @_/ 4. install 10 new pilings to secure the new floats. Eligibility The project meets the eligibility requirements of Section 306A (b)(2). allAget COASTAL LOCAL FUNDS FUNDS TOTAL 1. Surveying and engineering $3,000 $3,000 2. Town wharf demolition selected pilings $3,000 3,000 6,000 unsafe structural members 0 3,000 3,000 3. Wharf Replacement & Expansion repalced & new pilings 15,000 11,000 26,000 structural members & decking 15,000 11,000 26,000 10 pilings at $500 each 0 5,000 5,000 decking and other material 4. Relocation and Expansion of dinghy docks eleven 10' x 20' floats 10,000 7,000 17,000 labor 3,000 3,000 6,000 new aluminum ramp 0 2,000 2,000 5. Inspections and Finish work engineering inspections and miscellaneous 0 11000 11000 finish work 0 2,000 2,000 TOTAL $46,000 $51,000 $97,000 YORK Site Location.Maps and Projeot Design low lt 0 top E.11 o.h- 0 AA@ %" ?A-w- SA I ku% CIA Yo 14 -hop) e& Locci pyji 11 NORTH BLRWICK 18 coltinue:0:111143 2 4 5 Wit AD -vu 2 nquit ULRIA ICK 4 sisti- R11 Thi d -A in AG m Hill 9 bnon Fe Secmd Hill "WIA f Cl, 4F Luy MI A,-IUS - Wor @@,4 Ag E R ,(0 .-nd , W@6&er V,.Xh. n1ij Wrdt Up, L -71 101 Dovel j W- 04 A B' 61 ipp". -X nx m -j- conwraville 7@ c L n L nt B. h N dd it N,'d'di k Light otifn Hill @v 71 m It @@j L,-vI1Z- 1 7" - L0-1, &t&.h Hill' 44" - -ch P, .rd villa )C.. 9 U B u 4 771 B Hit m-d P, a, I D.VE. 103 POINT fTob, Boon I Light Z 6 11315 Newingt on -so,u, V7 /V N C.tu bl..d d It Ila mg 'Villa P... Ai, F. c. B.. C,,.,nt B.ch B ER H:; Sin- ft e ait E- Po th ji4 r-t F.,w 4 w si- wm z - 00 "ROJO c Qeenlan % ratham 4), 7'1 Rye W..d R.,,d Nk ft -4, 7 "A AT/fiwMaKT GE woo _D 0 CMUAC-H 4 c; IOU pmk A Sr 0 YOKK WNrkl%0Pk %_ JUNIPER ilk f uj LAN E 4-6 -yo AL015 PiNEFIELD LA LAML -YORK VILLAGE o > S-r. CH ft 1.5 -ro F-*4 r= 1% SENTRY < ,,,<rHILL ROA cmumc-R L 0 C2 ORC A 0 103 40 aAO L 101-1411L(�@@O vr CLbQK Yo K rv&Ml -k- :tlvr. FPAP%MS tn /10 ::4 LA04E weT PAMPA P%O YORK PA LANE COUNT Y 51upso LANE @LUB 5 To.% E BRA ISLAND O%Ajm k, 5 E)i L L'5 Astf, Fm &Z ARF BRIDGE 4r r 9r- SE 4p ISLAND-- LL ell, 48UR@, u A, f) SE ABU '9D 5PARMPWK INDIA N Wky P014 0 ct Pow @Al p "oe _4 fys po&fD F GOOF Y 0<xbon .... ...... ....... ST-MED PROpOSF_D AREA DUICIS, za& NUJ ADDITIONS To TOWN DOCK. ;L7, Qi, APPROXIMATE _AN LCW WATER- @ @U,9 . . . ... ...... . ............ ......................?............. . ... ....... ........... ........... ..... ......... .......... YORK Environmental Review A. Categorical Exclusion Checklist 2 ..PART V: ENVIROMENTAL REVIEW REQUIREMENTS Appendix A2 PART A: CATEGORICAL EXCLOSjON CHEMIST TOTAL COST OF PROJECT4. _@LTZ non X Preservation or Restoration Federal: $46,000 X Redevelopment of Urban' Waterfronts State: --- and Ports Local: Public Access DESCRIPTION OF PROJECT: Attach description of project to include siting Information (area to be Impacted).. project design, materials to be used. INSTRUCTIONS: For the above action(s) qnder the subject project or group of homogeneous. projects, check- the appropriate answer to each of the questions below. If all of the answers on this checklist are checked "No" or "None,' then the action(s) meet the criteria for Categorical Exclusion and no environ- mental assessment (EA) will be required. If any answer is checked "Yes" or "Significant," then an EA may be required unless: 1) additional information is provided stating why the applicant believes an EA is not required, or 2) there is no doubt that an environmental impact statement (EIS) is required. If the applicant believes an EIS is required. they should first contact OCRM to further discuss the matter. Items checked as "Uncertain" or "Minor" may qualify as a Categorical Exclusion if additional information (e.g. mitigating actions) are provided in the project description, or may require an EA. OCRM reserves the right to require additional environmental information in cases where project impacts ire not clearly described in the application or where probable impacts require an EA or EIS. A. Evaluation of criteria for Categorical Exclusion: 1. This action or group of actions No X Uncertain Yes would have a significant effect on the quality of the human environ- ment. 2. This action or group of actions No X Uncertain Yes @4ould involve unresolved con- flifts concerning alternative uses of available resources. B. Evaluation of exceptions to actions within Categorical Exclusion: 1. This action would have signifi- No X Uncertain Yes cant adverse'effects on public health or safety. I No'@' X Uncerta- n-_ -77- 2.-@ This action will have high y controversial'.environmental ef, e ct s V No @y,@r X @4iA Ye -Unce -ac. Y" Un- - rta n tlbn.@'wfll [email protected] ----3 Thi's cti U;t 4. The specific impact of the project on the following resources: a) beaches and dunes None X Minor Significant b) wetlands* None Minor x Significant c) estuarine areas None Minor x Significant d) wildlife habitat None x Minor Significant e) barrier islands None x Minor Significant f) wild or scenic river None x Minor Significant g) reefs None x Minor Significant h) threatened or endangered None x Minor Significant species i) floodplains None Minor X Significant j) other unique resources None X Minor Significant 5. This action Is related to other No Uncertain X* Yes actions with individually insig- *eventual redreging of Harbor need nificant but cumulatively signifi- cant effects. 6. This action will affect properties No X Uncertain*. Yes listed In the National Register of Historic Places or otherwise pro- tected by section 106 of the National Historic Preservation Act or a similar State Preservation Act. Include SHPO clearance. 7. Condemnation is required for the No X Uncertain Yes purchase of property (attach list of names and addresses of property owners if possible). 8. The project is located on undevel- Nox Uncertain Yes oped coastal barriers designated pursuant to the Coastal Barrier Resources Act. 9. The project is located in a No Uncertain Yes a designated floodway or "V" zone on a NFIP Floodway Map. 10. This action Is Inconsistent with No X Uncertain Yes Federal, State (both CZM and other), local or tribal law or requirements imposed for pro- tection of the environment. *If a U.S. Army Corps of Engineers permit has been obtained, please attach a copy; of the permit and a copy of their environmental assessment if one was prepared. **Please list permits required and their status. If permits have been obtained, please attach to the application. 19 ZONE C ZONE C ZONE C 0 -tP 20MEAr.- 0 zo P, .7 Plj 'PIP& V -4@5a@,-p @A-p- fl- 1 41 u -3Z 1:A ZONE C . ..... GNeAi@ -V. -N@7@. M-4@. UN- W -4Q t ZONE V2 ZONE C (E L 11) ZONE V2 E k t 2 : A Z NE C lco E L111 IfIcir ZONE V2 (EL 16) FIRM loaflelA-5of@o :2 013015V 00-X3 -3 Tj@, v -- we_ ------------------- YORK Environmental Review B. Federal Executive Orders 11988 and 11990 See the attached public notices published in the local newspaper in compliance with the required public review process. 4 PART V: ENVIRONMENTAL REVIEW REQUIREMENTS PART B.: Federal Executive Orders 11988 and 11990 I. FACT: Proposed project sites are shown as part of a Flood Zone A2 (el@vation 9 f eet. NGVD) for the 10 0 year f lood event: York, FIRM MAP, Community Panel Number 230159 0023 B (Panel 23 of 30), Effective Date: December 15, 1983. II. Enclosed are the required documentation for meeting Executive Order 11988 and 11990. #1. 100 Flood plain Map #2. Public Notice for Selectmen's Public Hearing #3. Project An ysis for Public Hearing * #4. Findings Noi ce--will be forwarded to SPO after public hearing The entire 1987-88 CZM Waterfront and Local Planning Grant applications will be on file in the Town Planning Office for public perusal. C% . . . . . . . . . . "C., P6 RE 7 R W- Attachment #1A NOTICE York weekly Town of York 9-30-87 A Public Hearing on the Maine Coastal Program Planning. Grant Application for 1987-88 will be held on Tuesday, Oct. 13, 1987 at 7pm at the Police Builing in York Beach. Reference: Rehabilitation and Expansion of Town Wharf 1 and Town Ownership and Public Access Right, York Harbor. Copies of the application and attachments are available for inspection at the Planning Office at the Town Hall. Donald P. cole, III Administrative Assistant Date Posted: Sept. 29, 1987 PORT AUTHORITY PLANNING DEPARTMENT 1987-1988: Maine Costal Program Waterfront Action Grant Application Rehabilitation and Expansion of Town Wharf 1 A. Purpose of Proposed Project 1. The project will improve access for commercial fishermen from the water for bait and gear on-loading and for catch and gear off loading by providing structural improvements and a safe bait storage area on Town Wharf 1. 2. The project will improve the starage of dinghies for both commercial and pleassure craft users of York Harbor by providing additional float tie-up space. 3. The essential elements of the project are: a) Expansion of Town Public Wharf 1 by 60 feet to 80 feet. b) Repairs and added constrcution to Wharf 1 to increase safety and load capacity for commercial fish trucks. c) Relocation and expansion of dinghy docks by 300 feet. d) Sureying and engineering for the project. 4. See attached Preliminary Engineering map. B. Project Location Maps See attached location map. C. Project in Floodplain The proposed project is located within the 100 year floodplain, Zone A2 elevation 9 feet above NGVD as documented on Map Panel 23 of 30. Town of York, Maine, FIRM, 2301590023B, Dec. 15, 1983. D. Environmental Impact In the near-term there appears to be no practicable alternative to constructing the proposed project for the purpose of enhancing commercial fishing in York Habor. If no practicable alternative is found for this project, it will be constructed in such a way as to mitigate environmental impacts. E. Public's Comments and Questions Direct comments and requests for information to the Town Planner, Town Hall, P.O. Box 9, York, Maine 03909. Telephone: 363-5497. C 14 re 35 LEGAL NOTICES UTH RITY, 1987 at 7pm at the York Beach Police Station. c6stal List of permits required hd progra"l,gWaterfroot-lActlon for the proposed project: AD IFJUYP,@ "R Federal - Corps of Engineers And,lkpan Coastal Welland Permit and iltation. 0 Wetland Dredge and Fill Per- A.N' JQ mit; Slate - Wetland.Altera- -'V-fid'P.ivct1dabls al- lions Permit; Local Jbidatl'oft'iWW:for"the Shoreland Zoning Amendment 'LUD Co dollionluQWit for RE: atlached floats, Shoreland -4 ISLAND t5 I yo r Permit, Dock in State Waters E dirbercial @-1666b@al Permit, Flood Management ubll=Uqto@tn&& fninant Permit, Building Permits. -- E@ . : I fivat BMW 6W nershIp These have all been applied for 15L Nr fidithe and will be secured before -Vora 9@. annel construction of the proposed I ON 6' 1h W ". '. I zo.c Y7 own- partfl.'A project. SEABuRy her D. Maps of general area MOM N POND 11sh- and project location: See -z - ITO 0trq 31k P i; Aflt'the below. IONI POAID 11,P Ad&'eilyports, E. Direct further com- loo @ft@ AWpl-m R"ADIn dty-..has ments and requests for Infor- FA.. f d"40 fldh'-;@under mation to the Town Planner, jict5q oa),,13 Town an Hall, P.O. Box 9, York, bi n" 101 'Was Maine 03909. Telephone: In' 363-5497. YORK Federal and State Permits/Federal Consistency a. 1. Applications for the floats and pilings are currently under review with the U.S. Army Corps of Engineers and the Maine Department of Environmental Protection. 2. Permits from the U.S. Army Corps of Engineers and the Maine Department of Environmental Protection for the bait platform are attached. b. The project is consistent with Maine's Coastal Program. Nt; @T Planning Office DEPARTMENT OF THE ARMY NEW ENGLAND DIVISION. CORPS OF ENGINEERS 424 TRAPELO, ROAD WALTHAM. MASSACHUSETTS 02254-9149 REPLY To Attention of SEP 3 0 1987 CENED-OD-R-13 ATTACHMENT 4#B Town of York ATTN: Donald Cole P.O. Box 9 York, Maine 03909 Dear Mr. Cole: On May 6, 1983, we issued a State Program General Permit that, subject to our discretion, eliminates the need for individual Department of the Army permits for certain work that is regulated by the State of Maine. A copy of the general permit is enclosed, along with our May 19, 1983,public notice that summarizes the permit's purpose and some of its key provisions. This concerns your Proposal to construct and maintain a 10' x 32' pile and timber westerly extension to the existing Town pier in York- Harbor at York, Maine. The work will be performed in accordance with the attached plans entitled "Proposed Bait Platform for #1 Town Dock" in 4 sheets undated. We previously notified you that we were Studying this proposal to determine its eligibility under Our Maine State Program General Permit. We have determined that your project as proposed is eligible under the State Program General Permit. Accordingly, other than possibly performing a compliance inspection (condition 17 of the permit) at some later date, we do not plan to take any further action an this project, nor do we require any further information from you. Please note that all work is subject to the conditions contained in the general permit, and that no work may be started unless and until all other required local, State and Federal licenses and permits have been obtained. Should you have any questions on this matter, please contact Jay Clement of my staff at 207-622-8246 at our Augusta, Maine Project Office. Good luck with Your project. Sincerely, Timothy R. Winter Actg. Section Chief Regulatory Branch Operations Division Oct. 5 1987 sec0040 st .0" ST 6 j"E"."r S.'a. P.-il I 7 ftftt ST aAy 4 bp f V 8 SEACso Sr 40to _Z7 V 9 GU.L ST KIM 57 .Sao, CMUFICM YORK BEA C...q L@4 t ro 0 - no n Fr< s7 LJ I AV M9DN<jHT DA 7 n -STOVAV OCT vR'CE ST A CR I C-WXN AD 2 sa-#@ FkD S, c) CLftk AD 3 FOOKLAND AV AM T I A ST 4 FCRT #'V-L AV L- r OVE ST V n . . Coal, SW' 6 PfvosKCr A., D C0FWtSH AV "o co AV 7 S-AW.- ST Oak, s BEECH Sl cr 8 SlE<UND AV f$r'q jspEFk FID JERCIAIAM LA 9 TkFo AV t0al(f Wc'DoS 0 c"oss AV IR)URD-I AV EA FWTH AV C AV 11AV 2 sumH AV 3 8RaADWAY EX7 (WIEST AD TPALEE Fo -4EW TOWN AD 4ty D*40LIE Flo 44 ---Mz &WUMA AV AS, Ro AV t OLO t flaos CAR00" yow gwhpD@ U. flo , L ::E OWIRST foca4momosT Z -T AV U w- AV "MCOW LICEAN sr- .0 IIVA'@AV tossTrp 'fl 11) "014 1 JON COVE -VI a: I ZZ 'q YOR 47 ZU-;S@OE @v IRK C. ILLAG vie pl@ OAK .I . r - C@@EASI At/ LA. 1. V4001) Fo IA V' AJ" LA L -AV ERSPOOK M100LE "UA-Xiy cyl - .1 sc f@ pvlwf LA 10. it@!-c9K + '.c') 6. 0 61 00 q9 YORK fjopaM uck"m A o %-- vo in #-VINT ARCO PL SEAL :;"CAP PAIER q AD ksy; FtO tlc@ c@ odlf@fs RD) -ys "NE ftoG1 ".ZA Wl" M 4N F, ;@t 'Z po@ -80 NOR F iE A Ro @n 5. 46A A. -JA 1 4 IN Z' i Elk N I ow 14 'D GCX :L LOT .55 55C 0*10 qil ,.@Y CN-A PM P/0 63 As far. Im C) 7 X0. J7 lip -0000" .0 .6 /Sl I L 1-1 -AL se@ '00`1 tCr).47.. 77' -T--FT, DEPARTN,ENT OF ENVIRONMENTAL PR01'ECTION T i 4! 1 Oz E AUGUSTA, MAINE 04333 DEPARTMENT ORDER IN THE MATTER OF July 29, 1987 TOWN OF YORK Alteration of Coastal Wetlands York, Hai ne and 1-1 ate r Qual i ty C erti fi cati on BAIT PLATFORT's V L-014459-03-A-N FINDINGS OF FACT AND ORDER Pursuant to the provisions of Title 38, 11I.R.S.A., Section 474 and Section 401 of the Federal Water Poll uti on Control Act j the Department of Envi ronmental Protection has considered the application of THE TOWN OF YORK with its supportive data, staff summary, agency review comments, and other related materials on file and finds the following facts: 1. The applicants propose to construct a pile-supported public bait platform measuring 7-10 feet in width and 30 feet in length. The structure will be built alongside Town Pier ?1. on the York River and will sit 8 feet above existing riprap. 2. The platform will be of wood construction, and will be supported by wooden pilings placed at intervals of 5 feet. 3. The Department of Marine Resources (Dt!R) has reviewed the project and has stated that no adverse impacts to marine resources, recreation, or navigation are anticipated. 4. Because the project does not fall below low water, a Bureau of Public Lands lease or easement is not needed. BASED on the above findings of fact, the Department concludes that the proposed activity will satisfy the requirements of Title 38, M.R.S.A., Section 474 and Section 401 of the Federal Water Pollution Control Act for the issuance of an Alteration of Coastal Wetlands Permit and a Water Quality Certification, in that: A. The proj ect wi 11 not un reasona bl y i nterf ere wi th exi sti ng recreati onal and navigational uses. B. The project will not cause unreasonable soil erosion. C. The project will not unreasonably harm wildlife or freshwater, estuarine, or marine fisheries provided that anylumber treated with preservatives is allowed to cure at least 310 days prior to its use in construction. D. The project will not unreasonably interfere with the natural flow of any waters. E. There is reasonable assurance that the activity will not lower the quality ,,:,.of any waters or violate applicable Water.Quality Standards, provided. that any l.umber treated with preservatives. is,'-allowed to cure.-.aV..`,l east-@ 30 days'--- construction' prior.- toJtsuseJn &I Alk 'f @4;' 5 _Nil & TOItl OF YORK 2 Alteration of Coastal Wetlands York, Mai ne and Water Quality Certification BAIT PLATFORM ?L-014459-03-A-N FINDINGS OF FACT MID ORDER THEREFORE, the Department APPROVES WITH THE ATTACHED CONDITIONS the application of THE TOWN OF YORK to construct a 7-10 foot wide by 30 foot long pile-supported public bait platform on the York River in York, Maine, in accordance with.the following conditions: 1. The Standard Conditions of Approval , a copy attached. 2. Any lumber treated with preservatives is allowed to cure at least 30 da_vs prior to its use in construction. DONE MID DATED AT AUGUSTA, MAINE, THIS 29TH DAY OF JULY, 1987. DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Dean C . Ilarri ott , Commi ssi oner PLEASE NOTE ATTACHED SHEET FOR APPEAL PROCEDURES. . Date of i niti al recei pt of appl i cati on 5/20/87 Date of application acceptance 5 /2 8/8 7 j 'T7 S, Ml_ @ 7"i CK November 1, 197.9 **S T A K D A R D C 0 N D I T 1 0 N S** THE FOLLOWING STANDARD C014DITIONS SHALL APPLY TO ALL PERMITS GRA14TED UNDER THE COASTAL WETLAADS LAW, UNLESS OTHERWISE SPECIFICALLY STATED IN THE PERMIT. A. Approval of Variations From Plans. The granting of this permit is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from these - plans, proposals, *and supporting documents is subject to review and approval prior to implementation. B. Compliance With All Applicable Laws. The applicant .shall secure and comply with all applicable federal, state, and local licenses, permits, authorizations, condi- tions, agreements, and orders prior to or during construction and oneration, as appropriate. C. Compliance With All Permit Terms and Conditions. The applicant shall submit all reports and information requested by the Board or the Department demonstrating that the applicant has complied or will comply with all terms and conditions of this permit. All preconstruction terms and conditions must be met before con- struction begins. D. Initiation of Activity Within Two Years. If construction or operation of the activity is not begun within two years, this permit shall lapse and the applicant shall reapply to the Board for a new permit. The applicant may not begin con- struction or operation of the activity until a new permit is granted. Reappli- cations for permits shall state the reasons why the activity was not begun within two years from the granting of the initial permit and the reasons why the applicant will 'be able to begin the activity within two years from the granting of a new permit, if so granted. Reapplications for permits may include information submitt2d in the initial application by reference. E. Reexamination After Five Years. If the approved activity is not completed within five years from the date of the. granting of a permit, the Board may reexamine its permit approval and impose additional terms or conditions to respond to significant changes in circumstances which may have occurred during the five-year period. F. No Construction Equipment Below High Water. No construction equipment being used in the undertaking of an approved activity is allowed below the mean high water line. G. Permit Included In Contract Bids. A copy of this permit must be included in or attached to all contract bid specifications for the approved activity. H. Permit Shown To Contractor. Work done by a contractor pursuant to this permit shall not begin before the contractor has been shown by the applicant a copy of this permit. j: 'u a A@ - "Ne. YORK Proof of Ownership CERTIFICATE OF PUBLIC OWNERSHIP 2- date RE: "Rehabilitation and Expansion of Town Wharf," referenced in grant package submitted to OCRM on September 19, 1987 I am currently the attorney for the Town of York, Maine and have been requested by the Coastal Program Management Agency to determine record ownership for the parcel of property on which the above referenced project will be constructed, Lot 55A on Tax Map 57 of the Town of York. After thoroughly examining the public land records and other appropriate records in accordance with state law, I hereby certify that marketable title to the property described above is held by the Town of York. Additional comments: See attached. Name /I LI Z. T.AZ. e -0, gi, g@- ADDENDUM TO CERTIFICATE OF PUBLIC OWNERSHIP The Coastal Program Waterfront Action Grant Application contemplates rehabilitation and expansion of Town Wharf 1. Town Wharf 1 projects into the York River from Lot 55A on Tax Map 57 of the T@wn of York. Town Wharf 1 was constructed in 1958. The shoreland property on which the wharf was constructed is part of a public way laid out by the York County Commissioners on behalf of the Town of York in 1906. Although the property has not yet been surveyed, it appears that the entire area of Lot 55A falls within the bounds of the 1906 taking. Public records demonstrate that all improvements to the way were initially constructed by the Town, and that the way was thereafter maintained exclusively by the Town except for a relatively brief period when the way was maintained by the State as Route 103. When, in 1958, the State discontinued its use of the way and constructed an entirely new Route 103, authority over the way laid out in 1906 reverted to the Town pursuant to 23 M.R.S.A. �651. The Town has maintained and used Wharf 1 for nearly thirty years. Because the Town of York owns '@ax Lot 55A, it is entitled, under 38 M.R.S.A. �1021 et seq., to maintain a wharf in front of its own land. This opinion is subject to the attached general exceptions. 7k 411 7 GENERAL EXCEPTIONS There are certain possible or latent defects in some titles to real property which an examining attorney cannot discover from a search of Registry records. For this reason, the following matters are excepted from this title opinion: 1. Any conditions or state of facts which would be disclosed by inspection of the premises and/or an accurate engineering survey (including the exact geographic locationof the premises). 2. Persons in possession and those claiming under leases for a term less than two years. 3. Our examination indicates that there are no mechanic's or labor liens of record against the premises, but liens of this nature may be perfected within 120 days from the last day that services are rendered or materials furnished by contractors and/or suppliers. 4. Questions as to possible encroachments, whether -or not the buildings and improvements are located entirely within the described premises, whether or not the roadway serving the premises is accepted or is private and availability of public water supply, septic or storm drainage and other utilities to the premises. 5. Any bankruptcy proceedings other than those of the immediate grantor and any and all provisions of any public or private laws, whether federal, state, county, municipal or otherwise, and any codes, ordinances, regulations or rulings promulgated thereunder or in relation thereto, affecting the disposition, use and/or occupancy of the premises. 6. Any disability of the grantor in the chain of title, any forgery of an instrument in the chain of title, any fraudulent or mistaken identity of a record title holder due to similar or identical names, any registry errors in the record, the rights, if any, of undisclosed heirs, any exercise of a power of attorney after death or disability of the creator of the power, and any defects in conveyances in the chain due to lack of delivery. 7. Any law, ordinance or governmental regulation relating to environmental protection. 8...-',, Title to and'rights of-the' United States of':America the' State. of Maine, and'the public. generally in.-.. and to *.that,.. p6rtion-@---,--_.1-- 'high`water mark,@ol of the'. property, lying .below,7.the mean'- Z. -Z-%, 4, 4_501`4@@ A7 -0, SWA 2A Z I SCARBOROUGH I I I SCARBOROUGH Town Landing Acquisition Project $50,000 Project-Description The Town of Scarborough, located in Cumberland County, has recently completed a Comprehensive Harbor Plan with a Coastal Program Planning Grant. A critical element of the recommended strategy to assure the long term preservation of the harbor is the. acquisition of two important vacant parcels near the Town Landing. The Plan lays out a number of facility improvements alternatives which can be implemented with the acquisition of these parcels. Scope The Town proposes to use the grant funds supplemented with $100,000 of local funds to acquire "Pillsbury" parcel. The Town will purchase the second parcel utilizing local funds exclusively. Eligibility The project meets the eligibility requirements of Section 306A (3)(b)(3). Budget COASTAL LOCAL FUNDS MATCH TOTAL Land Acquisition $50,000 $100,000 $150,000 SCARBOROUGH Site Location Maps 7. 0 C K Ito so L@-ft N K 0 x Nv SA 1-t Th-- M-1-k. ki, Ph Cl T.6 Sawbor-o9k Rv ect Loca6l GORHAM @2 CAintinue an Mar, 5 3 WISIBRoctx\ 4 N WIND -HAM 5 i I All Park T 610 Fort 1,-@ G R '7i6 'k.LLU -,,ILU Scam 1.11tri., 15rffim -111 If Ledge Light land erm 92 Coam li-d H o" 2 -It C. tt e ok r i AV: .5 N.S. Portland Head Light [A. - t a th 1, Q U Dd- P --ts Or- 6, Pond Cu@, or- P cs- o ;,Ponct IM LUR 17 0 7,b Core -T-bbt" Pt @,3 r1on17- 04k llack@Pg Pt sh 14 Me ia-u- t', V bill, M? C; [email protected],h Light P, b-,- MPStHUCh L it at, P"k, I ight, Sr... Park N" -e, wo Lights Battery Ft- Beach Kiliket, 07 98 T71 P'. P1 Sca,borough Beach A (C 0 d6 Richmond, 894 rine lsl..d $A Ch n j, g82 - cli3each Prouts Neck E.. P1 d SLf1`1dc Beach out, Neel, B4d 98 Sanctuary V-4B C@- - E-5 @Cnd Ckch@,d Beach Old I Orchard alu" M;;id, 5w 57 Beach Ocean IV\ Park 0 9 W. j S60m,:- ney 9 2 7% Bay Vie W! C@ ) 12 lef @ 9 I Stair P.,k rtrry Beatt Tall come Ferry B-ch Camp E& d N- E PL B @--Yftcsd 1.1-d D) ood 1,1.od Light Moo 2G8 Ea,t Pnim Sano.,@ @ccl- - 2, 9 'Biddeford Pool T,.Kel, Comes, 04 C7 * -1 208 Rnlg@ R-k, B-h Bear- C.,;@ orhim CLA FiInIll, Figure VA Olt Iwo -tz: t 0 K@ -jar 41 ;71 7 je. or .74 zt .5 v A.Ij i? A 44 81 lila Z Source:' Town of Scarborouah*':','-.:-., life c 1,14VIDIPP If V.S. 6901ARTNLRY .0 up *11 Ali aptasts. SIAX., IT"At". 1. 4 ADDITIONAL MOORING 5PACE AVAILABLE WITH MAINTENANCE' DREDGING Ile- 4 CO-0 0 01. I N E f % o\N % SCARBOROUGH Environmental Review A. Categbrical.Exclusion Checklist CATEGORICAL EXCLUSION CHECKLIST TOTAL COST OF PROJECT: $20 -.Preservation or Restoration Federal: OOD Redevelopment of Urban- Waterfronts State: and Ports Local : VZ Public Access 1@t DESCRIPTION OF PROJECT: Attach description of project to include siting information (area to be impacted), project design, materials to be used. INSTRUCTIONS: For the above action(s) under the subject project or 'group of homogeneous. projects, check. the appropriate answer to each of the questions below. If all of the answers on this checklist are checked "No" or "None," then the action(s) meet the criteria for Categorical Exclusion and no environ- mental assessment (EA) will be required. If any answer is checked "Yes" or "Significant," then an EA may be required unless: 1) additional information -is provided stating why the applicant believes an EA is not required,.or 2) there Is no doubt that an environmental impact statement (EIS) is required. If the applicant believes an EIS is required, they should first contact OCRM to further discuss the matter. Items checked as "Uncertain" or "Minor" may qualify as a Categorical Exclusion if additional information (e.g. mitigating actions) are provided in the project description, or may require an EA. OCRM reserves the right to require additional environmental information in cases where project impacts are not clearly described in the application or where probable impacts require an EA or EIS. A. Evaluation of criteria for Categorical Exclusion: 1. This action or group of actions No Uncertain Yes would have a significant effect on the quality of the human environ- ment. 2. This action or group of actions No Uncertain Yes would involve unresolved con- fliets concerning alternative uses of available resources. B. Evaluation of exceptions to actions within Categorical Exclusion: 1. This action would have signifi- No Uncertain Yes cant adverse effects on public health or safety. 2. This action will have highly No Uncertain Yes controversial environmental effects. 'Uncert c W h e gh1jr un@@ 0 a 3- This' a'tion" ill- 'aV _N -certa In environmental-effects or Involve- unlque-or-unknown env i ron--. mental Impact; z L F, lizn; 4. The specific impact of the project on the following resources: a) beaches and dunes None 4 Mi nor Significant b wetlands* None _8 _ Minor Significant c estuarine areas None 6 Mi nor Significant d wildlife habitat None 4, Minor Significant e) barrier islands None Minor Significant f) wild or scenic river None Minor Significant q) reefs None Minor Significant h) threatened or endangered None __8 Minor Significant s peci es i )floodplains None Minor Significant j )other unique resources None Minor Significant 5. This action is related to other No / Uncertain Yes actions with individually insig- nificant but cumulatively signifi- cant effects. 6. This action will affect properties No 'X Uncertain. Yes listed in the National Register of Historic Places or other-wise pro- tected by section 106 of the National Historic Preservation Act or a similar State Preservation Act. Include SHPO clearance. 7. Condemnation is required for the No Uncertain Yes purchase of property (attach list of names and addresses of property owners if possible). 8. The project is located on undevel- No Uncertain Yes ope d coastal barriers designated pursuant to the Coastal Barrier Resources Act. 9. The project is located in a No Uncertain Yes a designated floodway or "V" zone on a NFIP Floodway Map. 10. This action is inconsistent with No Uncertain Yes Federal, State (both CZM and other), local or tribal law or requirements imposed for pro- tection of, the environment. If a U.S. Army Corps of Engineers permit has been obtained, please attach a copy of the permit and a copy of their environmental assessment if one was prepare stat Please list permits required and their us. If permits have been obtained please attach to the application SCARBOROUGH Environmental Review B. Federal Executive Orders 11988 and 11990 This is a land acquisition project therefore the Executive Orders are not applicable. SCARBOROUGH Federal and State Permits/Federal Consistency a. No permits are required. b. The project is consistent with Maine's Coastal Program. SCARBOROUGH Proof of Ownership This is a land acquisition project. Attached are: 1. Two real estate appraisals 2. Title certification INIURRAY, PLUMB & MURFLAY ATTORNEYS AT LAW 75 PEARL STREET PORTLAND, MAINE 04101 PETER L MURRAY CHARLTON S. SMITH E.STEPHEN MURRAY COUNSEL PETER S. PLUMB JOHN C. LIGHTGOOY TEL 207-773,-WSI ELLYN C. BALLOU THOMAS C. NEWMAN TELEFAX, 207-773-Wn CAROL G. WARREN jOHN C. BANNON September 23, 1986 jANE B. HARTWELL DAVID E. CURRIER MICHAEL L PARKER ELAINE L CLARK E & R Development Corp. P.O. Box 444 Biddeford, ME 04005 Attn: Mr. Michael Eon Re: Property of Winslow S. Pillsbury, Scarborough, Maine Dear Mr. Eon: In accordance with the standards adopted by the Maine State Bar Association and resting on deed - dated December 3, 1929 and recorded in the Cumberland County Registry of Deeds in Book 1443, Page 100 from Edward B. Pillsbury to Winslow H. Pillsbury, we hereby certify that we have examined or caused to be examined records in the Registries of Deeds and Probate within and for said County and State of Maine, and all instruments of record therein as reflected by indices, affecting the title to the premises described in deed from Mary Alice Pillsbury to Winslow S. Pillsbury dated May 31, 1983, recorded in said Registry of .'Deeds at Book 6182, Page 164., a copy of which is attached as Exhibit A. We further certify that on September 15, 1986 at 4:30 p.m. the said Winslow S. Pillsbury was the record holder of said premises in fee simple, with good and marketable title thereto, free and clear of all encumbrances with the following exceptions: 1. A mortgage from Winslow S. Pillsbury and Mary A. Pillsbury dated November 14, 1977 to Federal Loan and Building Association in the original principal amount of $28,000.00 recorded in said Registry of Deeds in Book 4132, Page 181. NOT DISCHARGED OF RECORD. 2. A mortgage from Winslow S. Pillsbury to Maine Savings Bank dated February 25, 198-5 in the original principal amount of $40,000.00.recbrded in said Registry of Deeds at Book 6699, Page 15. NOT DISCHARGED OF RECORD. E & R Development Corp. September 23, 1986 Page 2 3. Reference is made to a deed from Winslow H. Pillsbury to the Inhabitants of the Town of Scarborough, dated October 9, 1947 and recorded in said Registry of Deeds in Book 1887, Page 104, attached'hereto as Exhibit B, in which the boundary of the Town Landing southeast from King Street Extension is described as 235 feet in length. Reference is also made to a deed from Doris S. Kibler.to Winslow S. Pillsbury and Mary A. Pillsbury, dated December 29, 1961 and recorded at said Registry of Deeds in Book 2652, Page 241, attached hereto as Exhibit C, in which said boundary is described as 285 feet in length. V 4. The general exceptions attached hereto and incorporated herein as Exhibit D. We have been advised by the Town of Scarborough that real estate taxes in the amount of $2,232.88 for the tax year July 1, 1985 through June 30, 1986 have been paid. This title *examination was made for your use only, and its use by others is unwarranted, unlawful, and made at the user's own risk. Very truly yours, MURRAY, UMB & MURRAY By: f PSP.-bp Peyer S. Plum Ib Encl. Ilk APPRAISAL REPORT PILLSBURY SITE RIVER SANDS DRIVE SCARBOROUGH, MAINE PREPARED FOR TOWN OF SCARBOROUGH September 18, 1987 By Richard Lewis Sawyer Gorham, Maine V., RICHARD LEWIS SAWYER, SREA Real Estate Appraiser Consultant and Analyst - 39 Main Street - PO. Box 44 Area Code - 207 Gorham, Maine 04038 Telephone - 839-3376 September 22, 1987 Town of Scarborough Town Hall Scarborough, Maine 04074 Attn: Carl L. Betterley Gentlemen: In response to your request of August 4, 1987, 1 personally examined and appraised a portion of W. S. Pillsbury property located north of River Sands Drive in Scarborough, Maine for the purpose of reporting to you my opinion of its market value. ,Based on the examination and study made, I have formed the opinion that on September 18, 1987 the fee simple title of the property to be acquired had a market value of ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 The following narrative report presents a review of the appraisal process and details my analysis of the data on which the estimate of value is predicated. Respectfully submitted, Richard Lewis Sawyer, Senior Real Estate Analyst RLS/cp Al" A@" ---------- 3. TABLE OF CONTENTS Title Page 1. Letter of Transmittal 2. Table of Contents 3. Summary of Salient Facts and Conclusions 4. Area Map 4a. Identification of Property 5. Purpose of the Appraisal 5. Legal Description 6. Photographs 7. Plot Plan 8. Property Description 9. Pertinent Zoning Articles 10. Highest and Best Use 12. Valuation Premise 13. Comparable Sales Approach to Value 14. Comparable Land Sales 17. Certification 23. Contingent and Limiting Conditions 24. Professional Qualifications 25. 4 5 A Richard Lewis Sawyer 'T:, 4. SUMMARY OF SALIENT FACTS AND CONCLUSIONS LOCATION: North of River Sands Drive and East of King Street Extension, Scarborough, Maine TYPE PROPERTY: Residential Site LOT SIZE: 343' x 246' x 285' x 190' or 65,000� Sq. Ft. ASSESSED VALUE: Total Property Land $60,500 Improvements 29,900 Tj Total - $90,400 1987-88 TAXES: $2,440.80 ZONING: R-2 Residential FLOOD HAZARD ZONE: Zone A Map 23005 0004C DATE OF VALUE ESTIMATE: September 18, 1987 VALUE INDICATIONS: Cost Approach Not Useful Comparable Sales Approach $2.09 to $3.44/S.F. Income Approach Not Useful FINAL ESTIMATE OF VALUE: $150,000 LOS "A Richard Lewis Sawyer,@' 7- W. %'4A (c 0 u Pi' Ph r Cem Islan 1E :!4 47@ @7? MAI 7 -IPA -7 M11 F IM 4- -4, CD e; IL 0 c, c 0- o t- -A lue:Poi' n pit q W 4', C /00 4L- 0', DILI J5 .Z5 4 0 . ..... . CL ;,wit _- u. :1313N .Ile 5 v Town a o 0 0 J, te 0 'i ici Point*e I @.A HM Fe,,y,%%, qk J ine'Toint" 7. Z__ 4- 3 Z@ %_0 1 !47 7 A. _Ij ..... . . .. P@ C, /0 6 17 V 4 23 .40 A, S, Iside 3 .78 06 Che ly ieckly oko '4 TV if 'o 42 J2 40 35 10 ./ 1-11 2r CONCO X, 37 jo ch 43 ch Area M ap I, 41 5. IDENTIFICATION OF PROPERTY Owner: Winslow S. Pillsbury Location: North Side of West End of River Sands Drive, Scarborough, Maine Source of Title Book 6182 Page 169 Cumberland County'Registry of Deeds Tax Reference: Map U21 Part of Lot 24 Town of Scarborough, Maine PURPOSE OF THE APPRAISAL The purpose of this appraisal is to estimate the market value of that portion of the real property proposed to be acquired. DEFINITION OF VALUE Market value is defined* as "the most probable price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming-the price is not affected by undue stimulus." Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated. 2. both parties are well informed or well advised, and each acting in what he considers his own best interest. 3. a reasonable time is allowed for exposure in the open market. 4. payment is made in cash or its equivalent. 5. financing, if any, is on terms generally available in the community at the specified date and typical for the property type in its locale. 6. the price represents a normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs, or credits incurred in the transaction. PROPERTY RIGHTS VALUED The real property to be appraised is the fee simple estate of the realty. *Boyce, Byrl N., ed Real Estate Appraisal Terminology, Cambridge: Ballinger Publishing Co., (compiled for Society of Real Estate Appraisers) 1984. Richard Lewis Sawyer -A 40-, "@w Wwn mn 6. LEGAL DESCRIPTION Book 6182 Page 164 May 31, 1983 Mary Alice Pillsbury to Winslow S. Pillsbury A certain lot or parcel of land situated at Pine Point, in the Town of Scarborough, County of Cumberland and State of Maine, bounded and de- scribed as follows: Beginning at the intersection of the southeasterly line of King Street Extension, otherwise known as the road to Town Landing, with the northerly line of River Sands Drive, shown on Plan of Pillsbury Shores, by Herbert P. Gray, June 28, 1961, and recorded in Cumberland County Registry of Deeds, in Plan Book 58, Page 70; thence easterly by River Sands Drive three hundred forty-three (343) feet to an angle, and continuing southeasterly by River Sands Drive three hundred fifteen (315) feet to land conveyed by me to Byron G. Pride, et al by deed dated July 3, 1961 and recorded in said Registry of Deeds, in Book 2617, Page 462; thence northeasterly by said Pride land one hundred fifty-three (153) feet, more or less, to Scarboro River; thence westerly by Scarboro River about two hundred eighty (280) feet to Town Landing (reference being made to deed by Winslow H. Pillsbury to Inhabitants of the Town of Scarboro, dated October 9, 1947, and rec orded in said Registry of Deeds, in Book 1887, Page 104); thence westerly by said Town Landing two hundred eighty-five (285) feet, more or less, to said King Street Extension; thence southwesterly by King Street Extension two hundred forty-six (246) feet to the corner and point of beginning. Richard Lewis Sawyer,,-,:,. "PHOTOGRAPHS Pillsbury Site River Sands Drive Scarborough, Maine -7777'777 ------ 7-- 4z. View North at Site from River Sands Drive 0 View East at Site and Pillsbury House from King Street Extension Richard Lewis Sawy Plot Planj Win Pillsbury Town Lot 65,000� SF Scale 1" 100' Rkhard Lewis Sa 9. PROPERTY DESCRIPTION Pillsbury Site River Sands Drive Scarborough, Maine The subject property is the westerly 343 feet of the land of W. S. Pillsbury which is located at the west end of River Sands Drive, east of King Street Extension and to the south of the Town of Scarborough parking lot. This site of 65,000t square feet is gentle sloping sandy soil with a beachgrass cover. The site has public water and sewer available in King Street Extension which is a paved street. Access is also available to this.site from the River Sands Drive frontage. The total Pillsbury property of 2.5 acres is improved with a single-family residence on the east end of the site and has approximately 280 feet of frontage along the bay. The proposed taking is about 1.5 acres west of the point where the shore frontage meets the property of the Town of Scarborough. This property is in the R-2 zone which allows only residential development, and the portion to be acquired by the town is surrounded on three sides with paved streets or public parking and does not have direct access to the water or frontage on the bay. its Richard Urms Sawyer,@`,,':@: PERTINENT ZONING ARTICLES Zoning Ordinance of the Town of Scarborough, Maine Section XV. Residential Districts R-2 A. Purpose To provide residential areas within the Town of Scarborough of low density in a manner which will promote a wholesome living environment. To this end, residential development shall not exceed 2 dwelling units per net residential acre and may occur in accordance with the provisions of Section VII of this Ordinance. B. Permitted Uses. 1. Single family detached dwellings exclusive of individual mobile homes. 2. Church, parish house. 3. School,. library, museum. 4. Residential recreation facility. 5. Accessory uses including accessory stables on lots of at least two acres, beehives and rabbit warrens. C. Special Exceptions 1 . Farm, truck garden, nursery, exclusive of poultry and live- stock raising. 2. Municipal buildings and uses 6ther than those included in paragraph B, 3 above. 3. Cemeteries. 4. Public utilities facilities including substations, pumping stations and sewage treatment facilities. 5. Home occupations. 6. Family Day Care Homes, Group Day Care Homes, and Nursery Schools. Richard Lewis Sawyer., &I 37- D. Space and Bulk Regulations Maximum net residential density ........ 2 dwellings per net residential acre Minimum lot area .....i........... 20,000 square feet Minimum area per family .......... 20,000 square feet Minimum street frontage ............. 100 feet Minimum front yard all buildings ..... 40 feet Minimum rear and side yards, all buildings ... 15 feet* *buildings higher than 30 feet shall have side and rear yards not less than 50% of building height. Maximum building height ............. See Section IX, A, 15 Maximum distance between principal buildings on the same lot ............... the height equivalent of the taller building E. Off-Street Parking Off-street parking shall be provided in accordance with the requirements of Section XI of this Ordinance. F. Signs Signs shall be regulated in accordance with the requirements of Section XII of this Ordinance. Richard Lewis Sawyer:,,". 12. HIGHEST AND BEST USE Pillsbury Site River Sands Drive Scarborough, Maine Highest and best use is defined as *"that reasonable and probable use that will support the highest present value, as defined, as of the effective date of the appraisal. Alternatively, that use, from among reasonable probable and legal alternative uses, found to be physically possible, appropriately supported, financially feasible, and which results in the highest and best value". In a sense these definitions recognize the contribution that specific uses make to the community environment or to community development goals as well as the maximum return to the individual property owners. Also it must be understood that the determination of highest and best use results from the appraiser's judgement and analytical skill, that is, the use concluded from analysis is basically an opinion, and not a proven fact. In appraisal practice, the concept of highest and best use establishes the basic assumption around which the valuation approaches are developed. In developing an estimate of market value (most probable selling price) another appropriate term to reflect the highest and best use would be most probable use. The highest and best use of the area to be acquired is to utilize for residential development to three single family residences. I This loss of this site from,the total property will not cause any loss in value to the remaining portions of the property. *Boyce, Byrl N., Real Estate Appraisal Terminology, Cambridge: Ballin&er,-..-,1--, Publishing Co., (compiled for The Society of Real Estate Appraisers) 19 84 -7. K ?'X Q n- -17M,:w W@ Richard Lewis Sa%.Iyer-,,- --- --- , @1,17 4- 13. VALUATION PREMISE Pillsbury Site River Sands Drive Scarborough, Maine The best indication of the value of vacant residential development land is developed by utilizing the Comparable Sales Approach to Value. This appraisal technique is a process of analyzing sales of land with a similar highest and best use to derive an indication of the most probable sales price of the property being appraised. To effectively compare sales of different size parcels, each sale is reduced to a common unit of comparison of price per square foot. The Cost Approach to Value, which calculates the reproduction cost of the improvements, is not a useful method of estimating land value and so is not utilized. The Income Approach to Value is also not a useful tool in estimating land value if the land is not improved to -the point where it can earn a return on the investment. _77 So after considering the three approaches to value, the appraiser will utilize the comparison of land sales as the method of developing an indication of the market value of the subject parcel of land. .40 Richard Lewis Sawyef@', 14. COMPARABLE SALES APPROACH TO VALUE Pillsbury Site River Sands Drive Scarborough, Haine JR. The Comparable Sales Approach to Value is a process of analyzing sales of similar iecently sold properties in order to derive an indication of the most probable sales price of the property being appraised. The reliability of this technique is dependent upon: a) the availability of comparable sales data; b) the verification of the sales data; c) the degree of comparability; and d) the absence of non-typical conditions affecting the sales price. The best indication of the value of the subject property is indicated by comparing the subject parcel of land to sales of other parcels of residential land in the coastal area. On the following page is the tabular listing of some of the sale considered as comparable and indicative of the value of residential sites with public water and sewer. For ease in comparing different size sites, each sale is reduced to a price per square foot of site area. Richard Lewis Sawyer :7. J, to @A' Sale Location Sale Date Sale Price Site Size(SF) Price/SF Comments A. 7 Pillsbury Drive, 1-85 $150,000 15,525 $9.66 Oceanfront lot Scarborough 2.14 Riverfront H. Ferry R -86 65,000 30,360 oad, 8 Saco I Winter Harbor Terrace 12-85 44,000 24,500 1.80 Tidal pool Biddeford 2.69 Development lot J. Sextant Lane, 4-86 37,900 14,100 Scarborough K. Fortune Rocks 20,654 1.76 Public wtr; part.view, 1-85 36,500 Biddeford 5-85 37,000 22,500 1.64 Distant ocean view L. Ocean View Avenue Wells 'M. Grasshopper Lane 7-87 135,000 15,474 8.73 Partial river view Ogunquit e strongly Adjusting these sales for time of sale, site size, and location and utility narrows the range and mor indicates the probable unit value of the subject parcel of residential development land. Adjustments Sale Sale Date Sale Price/SF Time Size Loc.&Util. Adj. Price/SF A. 1-85 $9.66 1.27 0.7 0.4 $3.44 -86 2.14 2.35 H. 8 1.11 0.9 1.1 12-85 1.80 1.17 0.8 1.4 2.36 J. 4-86 2.69 1.14 0.7 1.1 2.36 K . 1-85 1.76 1.27 0.8 1.2 2.15 2.09 L. 5-85 1.64 1.23 0.8 1'. 3 -87 0.5 M. 7 8.73 1.02 0.7 3.11 U 16. Time is adjusted at a rate of 10% per year. The adjustment for size is to compensate for the supply and demand principle that larger sites bring less price per unit than do smaller sites. The adjustment for location and utility is the appraiser's judgment of the relative appeal of the subject site's location and use compared to each sale. Giving the greater weight to the indicators developed from the adjustment of Sales H, I, J, and M, it is concluded the subject parcel most probably has a unit value of around $2.30 per square foot, or a market value of 65,000� S.F. @$2.30/S.F. $149,500 Say $150,000 Richard Lewis Sawyer q LOCATION: 7 Pillsbury Drive LAND SIZE H & B USE DATE: PRICE: 17. Scarborough, Maine 15,525 S.F. Resid. Develop 1-7-85 $150,000 GRANTOR: Stephen Clough & Suzanne Clough BOOK 6660 PAGE 14 GRANTiE: Doris Sirkim TAX 1AAP REF: U21-51 SOURCE: ZONING: R-2 DIMENSIONS: 100' x 150' x 100' x 155' FRONTAGE: no, GROWTH: Sand and dunegrass VIEW: To ocean TOPOGRAPHY: Gtl-slope STR. IMP. : Paved TRAFFIC: Light 2-way ACCESS: Very good SOIL: Sandy DRAINAGE: (;ood UTILITIES: Water and sewer USE AT SALE: Small cottage on lot REMARKS: Removed old cottage for development of site. $150,000 -*. 100 FF = $1500/FF .$150,000 -Ir 15,525SF $9.66/SF FINANCING: 44 COMPARABLE LAND SALE LOCATION Ferry Road TAX MAP REF. 2-17-1- Saco, Maine VOLUME: PAGE: SOURCE: 'YCMLS FLOOD ZONE: GRANTOR: GRANTEE: DATE OF SALE: 8-3-86 SALES PRICE: $65,000 DESCRIPTION: 100' frontaae on 30,360 S. V. ZONING: RlA TOPOGRAPHY: TRANSPORTATION: GROWTH. Partially cleared UTILITIES: Public water; sewer* to be SUBSOIL: available within one year NEIGHBORHOOD: APPEAL: STREET IMP.: Paved street USE AT SALE: REMARKS: City of Saco owns the tidal flats bordering the Saco River., 1/3 of a mile to the beach with beautiful views of the Saco River. Easy access for the boating enthusiast. INDICATED COST/S.F. $2,14- 414 1. - T.-4 r; V;rr r Richard LewisSawyer 19. COMPARABLE LAND SALE LOCATION: L#4 Winter Harbour Terr., TAX MAP REF.: Biddeford @ool, Maine VOLUME: PAGE: SOURCE: -mmLS TRANSFER TAX: GRANTOR: Beckett GRANTEE: DATE OF SALE: 12-23-85 SALES PRICE: $44,000 DESCRIPTION: 100, N 2451 on .5 Acre ZONING: R-lA TOPOGRAPHY: TRANSPORTATION: GROWTH: UTILITIES: Public water SUBSOIL: NEIGHBORHOOD: 100.000-$250,000 home-4PPEAL: STREET IMP.: Pavpd USE AT SALE: REMARKS: Beautiful building site with water frontag on llistorical 'Ridrlpfnrd Pnnl Onl;z sups awng frnm sandy bpnrhps. Nenr privnte vacbt club and golf course. Truely a rare taste of Maine INDICATED COSTAF $1.30 Richard Lewis Sawyer 20. COMPARABLE LAND SALE, LOCATION: T-270 Sextant- T..qnp TAX MAP REF.: VOLUME: PAGE@ SOURCE: MMLS TRANSFER TAX: GRANTOR: scott Norton GRANTEE: DATE OF SA LE: 4-2-86 SALES PRICE: $37,900 DESCRIPTION: 78' x 150 or 14,100 SF ZONING: Residential TOPOGRAPHY: TRANSPORTATION: GROWTH: UTILITIES: Public SUBSOIL: NEIGHBORHOOD: @125,0()o to $150.0 0 APPEAL: STREET IMP.: -Payed USE AT SA LE: REMARKS: Pleasant Hill Subdivision on dead end street with cul-de-sac. Brown Hnmps musy 2pnrove plans of.home to be built on this lot- INDICATED COST/SF $2.69 Sz -,Richard Lewis Sawyer, LOCATION: Fortunes Rocks Road LAND SIZEI H & B USE JDATE: JPRICE: 21. Biddeford, Maine 20,654 S.F. 1-6-85 _$36,500 GRANTOR: BOOK PAGE GRANTEE: TAX MAP REF: 66-38 SOURCE: YCMLS ZONING; RlA-1 fam. shoreland DIMENSIONS: 105x2OO FRONTAGE: 105' GROWTH: Wooded VIEW: TOPOGRAPHY: Slopes STR. IMP.: Asphalt TRAFFIC. ACCESS: gently to street SOIL: Tested DRAINAGE: UTILITIES-. Public' water USE AT SALE: REMARKS: Deed restricted lot in deed restricted area. Two sides abut large t conservation trust area. Nice building lot. FINANCING: Cash --- --- ----- @;@@;@ON: 012 Wells LAND SIZE: H B USE: DATE: PRICE: 101 Ocean View- Ave. SF 22,500 Residential 85--0'5-20 $37,000 ------------------------------- -------- GRANTOR: -Benj amin@R. -Graves, -Jr -- ---- BOOK/PAGE: GRANTEE: Ronald C,Turner TAX MAP REF: 130-13 SOURCE: (P) ZONING: R DIMENSIONS: 1OOx225 FRONTAGE: ST 1001 GROWTH:@ Pine trees VIEW: Hbr.&dist.ocean TOPOGRA 'PHY: STR. IMP. TRAFFT .G: A V 0. F.9.9 Flat@grade/drops Macadam. SOIL DRAINAGE. Average- UTILITIES: Public U SE AT SALE: Vacant lot REMARKS: Abats R.Carson Wildlife Marsh-tidal harbor/dist. ocean. PRICE/SF or AC: i'T. 7 1.64 .370-00 rINANCING: 8OZ614-5Zf1ex. 1 Oyri- LAND SIZE H & B USE DATE [PRICE 22. LOCATION Grasshopper Lane 1 $135 '000 0gunquit, Maine 1.5,474 S.F. Residential 7-87 GRANTOR: BOOK PAGE GRANTEE: TAX MAP REF.: 8-18-5 ZONING: Residential SOURCE: DIMENSIONS: 94'xl8l'x29lx88'xl6'xl29 FRONTAGE: 941 GROWTH: VIEW: Partial view of river and ocean TOPOGRAPHY: Rel.level STR. IMP. : Paved TRAFFIC: Two-way ACCESS: Public st. SOIL: unknown DRAINAGE: Will need fill UTILITIES: Public water and sewer USE AT SALE: Development lot REMARKS: Subject to Sewer User ordinance which may delay development for two years. $135,000 -.- 15,474 S.F. = $8.73/S.F. No Growth Permit at time of sale. FINANCING: 23. CERTIFICATION I hereby certify: that I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved; that'I have personally inspected the subject property, both inside and out; that I have no present or contemplated future interest in the real estate that is the subject of this appraisal report; that the amount of my fee is not contingent upon reporting a pre- determined value or upon the amount of the value estimate; that to the best of my knowledge and belief the statement of fact contained in this appraisal report, upon which the analyses, opinions, and conclusions expressed herein are based, are true and correct and that I have no knowingly withheld any significant information; that this appraisal report sets forth all of the assumptions and limiting conditions (imposed by the terms of the assignment or by the undersigned) affecting the analyses, opinions, and conclusions contained in this report; that this appraisal report has been made in conformity with and is subject to the requirements of the Code of Ethics and Standards of Professional Practice and Conduct of the Society of Real Estate Appraisers; and that no one other than the undersigned prepared the analyses, opinions, and conclusions concerning real estate that are set forth in this report. It is my opinion that the market value of the fee simple title of the subject property, as of September 18, 1987, was $150,000. J Richard!,D_ LIS k@7@,gr .3RE Pillsbury Site PA River Sands Drive 13 Scarborough, Maine 0. Rc E A L E S - WU J A F P R A I S E.FJ q ............. A@ 46% rA T Richard Lewis Sawyer 4"@ A@ 24. CONTINGENT AND LIMITING CONDITIONS The certification of the Appraiser appearing in this appraisal report is subject to the following conditions and to such other assumptions and special lim@ting conditions as are set forth in the report. The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title thereto, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable. No consideration has been given to liens or encum- brances which may be against the property except as specifically stated in the appraisal report. The legal description furnished or acquired by the Appraiser is assumed to be correct. Any sketch in the report is included to assist the reader in visualizing the property. The Appraiser has made no survey of the property and land dimensions and/or areas given in the report are taken from information provided by the client or public records and the Appraiser assumes no responsibility for their accuracy. t Information, estimates and opinions, furnished to the Appraiser and con- tained in this report, were obtained from sources considered to be reliable, but the Appraiser assumes no responsibility for its accuracy. The Appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or improvements which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions or for engineering which might be required to discover such factors. Any distribution of the valuation in the report between land and improve- ments applies only under the existing program of utilization. The separate valuations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. Neither all, nor any partof the content of the report, or copy thereof, (including conclusions to the property value, the identity of the Appraiser, professional designations, reference to any professional appraisal organi- zations, or the firm with which the Appraiser is connected) shall be used for any purposes by anyone but the client specified in the report and his assigns, nor shall it be conveyed to the public through advertising, public relations, news, sales or other media without the written consent and approval of the Appraiser. The Appraiser is not required to give testimony or appear in court because,. of having made the appraisal with reference to the property in question, unlessarrangements have been previously made therefor.. Richard Lewis Sawyer PROFESSIONAL QUALIFICATIONS 25. of Richard Lewis Sawyer Engaged in real estate valuation and consulting in Maine and New Hampshire for over thirty years. Assignments have included appraisals and analyses of residential, commercial, industrial, recreational and rural properties for government agencies, housing authorities, lending institutions, attor- neys, developers, corporations and other private clients. Also prepared market studies, investment analyses and feasability studies to advise and assist clients with real estate decisions. Recognized as an expert witness in the valuation of real estate by the Superior Courts of Maine and New Hampshire and other judicial claims boards. Education University of Maine - B.S. Degree American Institute of Real Estate Appraisers Courses: I.- Basic Principles, II - Urban Properties, IV - Condemnation, VI - Techniques of Capitalization, VII -.Industrial Properties. Society of Real Estate Appraisers Course: 202 - Applied Income Property Valuation 301 - Special Application of Appraisal Analysis Seminars: - Single Family Residence, Appraising Apartments, Apprais,ing Condominiums, Math-Stat-Finance, Feasibility Studies', Basic Money Market, Creative Financing/Cash Equivalency, Techniques of Appealing a Tax Assessment, Tax Considerations for Real Estate Transactions. Appraisal Instructor Society of Real Estate Appraisers; Maine Real Estate Commission Experience Self-employed Real Estate Appraiser and Consultant 1974 to present Vice President,,* Thomas J. Hennessy, Jr. Associates 1971 to 1974 Vice President, Sawyer Appraisal Company 1962 to 1970 Right of Way Negotiator, Maine State Highway Commission 1958 to 1962 Resident Forester, New England Forestry Foundation 1954 to 1958 Professional Affiliations Society of Real Estate Appraisers - Senior Real Estate Analyst (SREA) Vice Governor (1983 and 1984) - New England District #18 Past President (1971-72; 1982-83) - State of Maine Chapter #202 Member and Former' Director - New Hampshire Chapter #139 State of Maine Chapter #202 National Association of Review Appraisers Certified Review Appraiser (CRA) State of Maine Licenses Real Estate Broker (Inactive) Registered Professional Forester Richard Lewis Sawyer N -A M, pi ft 26. SRA The. international Society of Real Estate Appraisers has authorized RICHARD L. SAWYER to include the Senior Real Estate Analyst (SREA) designation in his/her professional credenti.als through April 27, 1990 Senior Real Estate Analysts (SREA) are pro- Certification procedures require a compre- fessional members of the Society of Real Es- hensive oral examination by an examination tate Appraisers who have extensive technical board of the Admissions Committee, inspec- training, long and varied experience, who tion of office operations, review of appraisal have earned the respect of the community and analysis reports and a thorough investi- and their peers for their expert knowledge, gation of the applicant's competence and outstanding ability, professional leadership integrity. This investigation includes contact and integrity. with other SREA members, professional- ap- praisers, clients, attorneys, judges, and per- SREA members have demonstrated in prac- sons in the community. The SREA designation tice that they are competent to appraise all is awarded for five years only. types of real estate interests and ownerships in accordance with accepted definitions of A member wishing to renew the SREA desig- market value, and to extend appraisal analy- nation must apply for recertification at the end sis beyond current market value to provide a of the five (5) year period. Upon application basis for decision-making to clients responsi- for recertification, applicant is expected to ble for committing funds or assets in the sale, show evidence of integrity, continued techni- financing, purchase, lease, trade, renovation, cal training, experience, and professional development, demolition or division of real leadership commensurate with current SREA property. The analyst's experience encom- Admissions standards. passes the most difficult appraisal problems. CERTIFIED SREA 4/27/85 This authorization has been prepared for CERTIFIED inclusion in the certification section of the appraisal/analysis report. Any questions re-.; CERTIFIED garding this member's status should be di- CERTIFIED rected to Headquarters office of the Society of Real Estate Appraisers, 645 North Michi. CERTIFIED I : gan, Chicago. IIi.nois 60611 (312) 346-7422.@ M as. qtehQuig (AphoagaQ Compaq Wallace R. Sterling, SRPA George E. Koutalakis, SRA 884 Broadway Maurice J Taaffe, SRA: SRPA David P. Bouffard Independent Fee Appraisers South Portland, Maine 04106. November 9, 1987 Town of Scarb@rough P.O. Box 360 Scarborough, Maine 04074 Attention: James L. Lysen, P.E. Asst. Planner & Engineer Re: Review Appraisals "Pillsbury Parcel" and "Harborside Site", Pine Point Scarborough, Maine Dear Mr. Lysen: In response to your letter of October 28, 1987, 1 have reviewed the copies of the appraisal reports of the subject properties prepared by Richard L. Sawyer, SREA, dated September 18, 1987. I find both reports in conformance with the basic requirements of an appraisal per the standards of the Society of Real Estate Appraisers and of the American Institute of Real Estate Appraisers which includes: 1. Legal description of the property appraised 2. Purpose of the appraisal 3. Definition of market value 4. Property rights appraised 5. Highest and best use 6. Date to which the value estimate applies 7. The conclusion of value 8. Signed statement of certifications 9. List of contingent and limiting conditions 10. Professional qualifications of the appraiser I have inspected the subject properties and reviewed the pertinent facts and data relating to each and find that most are in agreement with the records of the tax assessor. In the instance of the shorefront parcel referred to as the Harborside Site, tax map reference U21-20, Mr. Sawyers shows a total area of 3.8� acres extending to the low water line of Jones Creek, so-called, and has appraised the lot based on upland buildable area of 26,000� SF, .60� acre. 14,375� SF, Assessment records of U21-20 give an indicated area of .33 acre, on which the land assessment is predicated. On-site inspection assists@very little in determining what the area of the buildable part is. The highest elevated portion is the easterly most part abutting the town's paved parking lot where a small wood frame storage' building-is situated. The upland. area extends westerly, southerly of the 51 Page 2 Review Appraisals normal high water line toward the midpoint of the lot, as Mr. Sawyer shows on his plot plan. However, to accurately determine the SF size of the buildable area would require a stadia survey be made. In making his comparative sales analysis, the comparable sales data appears correct and the adjustments made in comparing the sales to the subject property are proper and appear reasonable for a relatively small commercial site such as this. I agree with his estimated value, as of September 18, 1987, of $110,000. With respect to the Pillsbury site, Mr. Sawyer indicates the lot size to be 65,000� SF with 3431� frontage on River Sands Drive. The minimum building lot size in the subject R-4 Zone is 20,OOOSF with a minimum frontage requirement of 100 feet. This led Mr. Sawyer to conclude that the highest and best use of this property is to utilize for residential development to three single family residences. The actual size of the Pillsbury site is less than 60,000 SF (computed to be 58,624�SF), which permits only two residential building sites. In his comparative sales analysis, Mr. Sawyer has used 10 percent per year as the market appreciation rate adjustment, which is much too conservative when dealing with potential residential building sites with an unobstructed water view such as this. Market sales of comparable residential sites which have taken place in various areas of Scarborough over the past few years have reflected an annual market appreciation rate of about 20 percent to 30 percent and more, with most emphasis on shorefront lots and on lots with a water view or overlooking the tidal marshes. In his analysis, Mr. Sawyer has made his adjustment for differences in size based on a subject lot size of 65,000t SF whereas, in order, to agree with his conclusion of highest and best use, he should be comparing the comparable sales to a subject building site of about 21,667� SF. Then, after estimating the costs involved in obtaining subdivision approval for three sites and other costs such as legal and engineering, he should have applied that residual lot value to his proposed three lots in arriving at a final estimate of value for the subject property. Mr. Sawyer's estimate of value of $150,000 allocates to a per lot value of $50,000, which in my opinion, is by far too low. Lot U21-86 on Driftwood Lane, Pillsbury Shores, Scarborough, a neighboring lot to the subject,-15,000� SF in size, with very limited water view between properties, sold May 31, 1985, for $50,000. N' -21 Page 3 Review Appraisals Several other market sales of residential building lots which took place 2 to 3� years ago will support the price of $50,000 per lot at that time. Since the Pillsbury site will only subdivide into two building lots, it is my opinion that the estimated value of $150,000, which allocates to $75,000 per buildable lot, is a reasonable estimate of the market value of this property, as of September 18, 1987. Respectfully submitted AUGUSTA Riverfront Greenway Footpath $24,931 Project Description The.State capital of Augusta, located on the Kennebec River in Kennebec County, has been actively restoring its inner-city riverfront to provide attractive public access to the river while minimizing the potential of flood damage to this floodplain area. To date, the City has focused its improvement efforts on the western shore of the river. Waterfront Action Grant funds were used to construct one segment of the riverfront park while Land and Water Conservation funds were used for the remainder of the recently completed park. The proposed project will begin the implementation of the Augusta Greenway Park Proposal which was developed with a Coastal Planning Grant. Phase one of the plan calls for the construction of a 1200 foot pathway along the eastern shore of the river to provide direct pedestrian access between Fort Western, a National Historic Landmark; City Center, the new municipal office complex; and the Augusta boat landing/picnic area. Scope The City proposes to: 1) construct a 6' X 1200' pathway which will be paved to minimize the potential of flood damage; 2) install wooden footbridge over a drainage ravine which bisects the project area. This footbridge will be securely anchored to avoid flood damage; 3) stabilize the riverbank with natural vegetation and clear undesirable undergrowth along the ri-verbank to improve visual access; 4) install low impact lighting fixtures for security and aesthetic effect; 5) install park benches and covered picnic tables; and 6) develop interpretive displays. Eligibility The project meets the eligibility requirements of Section 306 A (b)(3). Budget COASTAL LOCAL FUNDS MATCH TOTAL 1. Footpath construction A) Earthwork L.S. Equipment and labor 5,000 $ 5,000 10,000 B) Biuminous walkway 800 s.y. = 88 tons 88 tons @ $95.00 per ton 4,180 4,180 8,360 C) Retaining wall (4'xl50') 4'x150'=600 s.f. 600 s.f. @ $15.00 per s.f. 4,500 4,500 9000 D) Gravel 90 c.y. @ 12. 540 540 1080 SUBTOTAL $ 14,220 $ 14,220 $ 28,440 2. Footbridge construction A) Pressure treated lumber 1,194 b.f. @ $ 0.67/b.f. $ 400 $ 400 $ 800 B) Special & misc. hardware 100 100 200 C) Labor - two men five days 80 hours @ $15.00 per hour 600 600 1,200 D) Equipment rentals (generator, tools, etc.) 150 150 300 E) Rip-rap 100 c.y. @ $30. 1,500 1,500 3,000 SUBTOTAL $ 2,750 $ 2,750 5,500 3. Site improvements A) Benches, 4 each @ $800. $ 1,600 $ 1,600 $ 3,200 B) Picnic tables 2 @ $250. 250 250 500 C) Picnic shelter 1 @ $2, 900. 1,450 1,450 2,900 D) Playground equipment 2,950 2,950 5,900 SUBTOTAL $ 6,250 $ 6,250 $ 12,500 TOTAL $ 23,220 $ 23,220 $ 46,440 4. Engineering/contingencies 25% $ 1,711 $ 1,711 $ 3,422 GRAND TOTAL $ 24,931 $ 24,931 $ 49,862 AUGUSTA Site Location Maps and Project Design 0 C K v tow U-t. .4.K 0 x SA Nb*. ft 0 rh 4 u'. pro3eck Loca+iov' Too Tro, Lcmf@vl TO AT _#,AtTERVlLLE a 4Z .......... b-- +.4'V` 2 7 JU BELFASTtl J:fl AM Alt AV AV ELF &!I,- Auz $APK L % 9A 7 PEL PQ -)A, 7i r c s ne @s, @T 4 Z ;-V ;rut, 4Y_ d oss hr k7s, 4 rpb. 4 10K !rA 0 46v llof@, 3A_ ",IV!" ti:.@ r 6 Ch c al* _4r, - A.., cf) 'f F if So! R DP' _i4A P .......... i!p ........... .......... .. ........... .7.: f ... LMUZ@71 ........... . .......... &Arzcc cm, Co ...... GU S T A". .. . ........ . ..... 5E;ALE . ......... ... ......... A@i , . .......... 2j r------------- .......... .......... .7, To t G3A 4, .0 M, Z@@*@,@ _j tw R Z A 6 AN.- 7--7-7-7= > PHASE ONE 7- NEW CITY CENTER ----------- Fort Western LLLJ GENERAL PARK AREA current boat launch Picnic area and proposed lplazal .......... proposed stage & amphitheatre ........... k1l DOD ... .. .. .. ........ 2. 46VISIOns SKPtvC, 19 8 6:, @4 , ZA h- 4 L4 717dY 'Awp 61 )E 8 )02 BANGOR STREET LACE p,-; LIN OE EET Z B ONE@ STS JAV 9 too 491 -54 WILLOW STREET MYRTLE I 4E Lu !ONE B CoNy ------ 'ZONE B REET 34 A*1 0 ACCESS ROAD ACCESS STREET ROAD REET NE SPRUCE rn CHESTNUT STREET ZONE@; B CA 0 -4 c -4 Am jr f- z -4 Ilk :0 r m rn )LSTflE El Us in ;-4 z fn -4 S RE ril T AUGUSTA Environmental Review A. Categorical Exclusion Checklist The project area is located in the floodplain however, no adverse impact is anticipated. The proposed footbridge will be sufficiently anchored to withstand flooding. Appendix A2 CATEGORICAL EXCLOSION CHECKLIST TOTAL COST OF PROJECT: $461-062- T_ Preservation or Restoration Federal: Vz_%q31 Redevelopment of Urban* Waterfronts State: and Ports Local: Public Access DESCRIPTION OF PROJECT: Attach description of project to include siting information (area to be impacted), project design, materials to be used. INSTRUCTIONS: For the above action(s) under the subject project or 'group of homogeneous. projects, check the appropriate answer to each of the questions below. If all of the answers on this checklist are checked "No" or "None," then the action(s) meet the criteria for Categorical Exclusion and no environ- mental assessment (EA) will be required. If any answer is checked "Yes" or "Significant," then an EA may be required unless: 1) additional information is provided stating why the applicant believes an,EA is not required, or 2) there is no doubt that an environmental impact statement (EIS) is required. If the applicant believes an EIS is required, they should first contact OCRM to further discuss the matter. Items checked as "Uncertain" or "Minor" may qualify as a Catecorical Exclusion if additional information (e.g. mitigating actions) are prov3ded in the project description, or may require an EA. OCRM reserves the right to require additional environmental information in cases where project impacts are not clearly described in the application or where probable impacts require an EA or EIS. A. Evaluation of criteria for Categorical Exclusion: I. This action or group of actions No X Uncertain Yes would have a significant effect on the quality of the human environ- ment. 2. This action or group of actions No Uncertain Yes would involve unresolved con- fliets concerning alternative uses of available resources. S. Evaluation of exceptions to actions within Categorical Exclusion: 1. This acticn would have signifi- No Uncertain Yes cant adverse effects on public health or safety. 2. This action will have highly No Uncertain Yes controversial environmental effects. 'highljr un- No Uncertain Yet 3. This action 'will' have certain environmental. effects Or lnvolve'unique-or-unknown-eniricon-- mental Imoacto'- 4. The specific impact of the project on the following resources: a) beaches and dunes None Mi nor Significant b wetlands* None Mi nor Significant estuarine areas None Minor Significant d) -wildlife habitat None Minor Significant e) barrier islands None Minor Significant f) wild or scenic river None Minor Significant g) reefs None Minor Significant h) threatened or Endangered None Minor Significant species i) floodplains None Minor Significant j) other unique resources None Minor Significant 5. This action is related to other No Uncertain Yes actions with individually insig- nificant but cumulatively signifi- cant effects. 6. This action will affect properties N o Uncertain*. Yes listed in the National Register of Historic Places or otherwise pro- tected by section 106 of the National Historic Preservation Act or a similar State Preservation Act. Include SHPO clearance. 7 Condemnation is required for the No Uncertain. Yes purchase of property (attach list of names and addresses of property owners if possible). 8. The project is located an undevel- No Uncertain Yes oped coastal barriers designated pursuant to the Coastal Barrier Resources Act. No Uncertain 9. The project is located in a Yes a designated floodway or "V" zone on a NFIP Floodway Map. 10. This action is inconsistent with No Uncer tain Yes Federal , State (both CZM and other), local or tribal law or requirements imposed for pro- tection of the environment.* If a U.S. Army Corps of Engineers permit has been obtained, please attach a c of the permit and a copy of their environmental assessment if one was prepared Please list permits required and their status. If permits have been obtained please attach to the application. AUGUSTA Environmental Review B. Federal Executive Orders 11988 and 11990 See attached public notices published in the local newspaper in compliance with the required public review process. NOTICE OF PUBLIC HEARING The Augusta Planning Board will con- duct a public hearing at 7:00 p.m., November 10, 1987 in the City Council Chambers, Augusta City Hall, Augusta, Maine for the purpose of receiving com- ment on the following project: Construction of a footpath and bridge between the City Center project and the Augusta boat landing. The path will be approximately 1200 feet in length and is located in the floodplain. No practical alternative exists therefore the project will be developed and constructed in such a way as to mitigate environmental'impacts. The footpath will be terraced along the river- bank, retaining walls will be constructed where appropriate. In addition disturbed soils will be stabilized using vegetation and existing trees will be undisturbed as much as possible. Comments will also be received on the Fntire Greenway park proposal as outlined in the report entitled "Augusta Greenway 1986". Information on the construction and the plan can be obtained by contacting: Ed Heath, City Planner, City Hall Annex, 626-2366. C) IL V,4e FINDINGS NOTICE The Augusta Planning Board held a public hearing at 7:00 p.m.9 November 109 1987 in the City Council Chambers, Augusta City Hallq Augusta, Maine and received comments on the following projects Construction of a footpath and bridge between the City Center project and the Augusta boat landing. The path will be approximately 1200 feet in length and is located in the floodplain. No practical alternative exists therefore the project will be developed and constructed in such a way as to mitigate environmental impacts. The footpath will be terraced along the riverbankl retaining walls will be constructed where appropriate. In addition disturbed soils will be stabilized using vegetation and existing trees will be undisturbed as much as possible. The City intends to proceed with the project as outlined in the report entitled "Augusta Greenway 19860. Permits as required by the Corp of Engineers, State Department of Environmental Protection (Wetlands) and local building permits will be obtained prior to construction. Information on the construction and the plan can be obtained by contactingi Ed Heath, City Planner, City Hall Annex, 626-2366. 41ill H5 KJ USE ONLY TEAR SHEET REQUESTED Advertises Saturday November 14, 1987 P.O. 3620 Bills Edward 1. Heath City Planner I Co6y Street Augusta, Maine 04330 AUGUSTA Federal and State Permits/Federal Consistency a. Applications are currently under review at the U.S. Army Corps of Engineers and the Maine Department of Environmental Protection. b. The project is consistent with Maine's Coastal Program. AUGUSTA Proof of Ownership Coastal Zone Management Act Section 306A Low-Cost Construction Grants CERTIFICATE OF PUBLIC OWNERSHIP October 27, 1987 Re: Greenway Footpath (Phase I) I am currently the attorney for the City of Augusta, Maine and have been requested by the City Planner, Edward I. Heath, to determine record ownership for the parcel of property on which the above referenced project will be constructed, being a parcel of land located on the west side of Howard Street and adjacent to the east bank of the Kennebec River. After thoroughly examining the public land records or other appropriate records in accordance with Maine Law, I hereby certify that marketable title to the property described above is held by the City of Augusta, Kennebec County, Maine. Additional comments: See attached title certification. Sanborn, Moreshead, Schade & Gifford By: Richard E. Bridges, Esq. SANBORN, MORESHEAO, SCHAIDE & GIFFORD ATTORNEYS AT LAW 341 WATER STREET P. 0. BOX 2305 CHARLES E. MORESHEAD AUGUSTA. MAINE 04330 WALTER M. SANBORN RICHARD M. SCHADE (1882-1965) LINDA B. GIFFORD RICHARD B. SANBORN LESTER F. WILKINSON. JR. (RETIRED) JOSEPH J. WATHEN Richard E. Bridges TELEPHONE 207-623-3579 207-622-7505 October 22, 1987 TITLE CERTIFICATE Maine State Planning Office 184 State Street State House Station 38 Augusta, Maine 04333 Re: Greenway Footpath (Phase I), Augusta, Maine Gentlemen: At the request of Edward I. Heath, City Planner of the City of Augusta and in conjunction with the City's application for the Maine Coastal Program Waterfront Action Grant, I am providing the following title certification. In accordance with the Standards adopted by the Maine State Bar Association, I hereby certify that I have examined or caused to be examined records in the Registry of Deeds and the Registry of Probate within and for Kennebec County and State of Maine, and all instruments of record therein as reflected by indices, affecting the title to property described in deed from William T. Webster to the City of Augusta recorded in Kennebec County Registry of Deeds in Book 1540, Page 525 and in deed from Francis L. Goodheart and Yvonne M. Goodheart to The Inhabitants of the City of Augusta recorded in said Registry in Book 1578, Page 27, from December 29, 1930 as to a portion of the premises and from March 12, 1946 as to a portion of the premises. I further certify that on October 22, 1987, the said City of Augusta was record owner of said premises in fee simple with good and marketable title thereto, free and clear of all encumbrances with the following exceptions: 1. Any bankruptcy proceeding and any and all provisions of any ordinance, municipal regulation or private. law. 2. Any condition whic h an examination of the premises might reveal. if TITLE CERTIFICATE Maine State Planning Office -2- October 22, 1987 3. Title to and the rights of the public and others entitled thereto in and to that portion of the subject premises within the bounds of the "Town Landing Road," so-called. 1 4. Any matter that would be disclosed by an accurate engineering survey. 5. Title to and the rights of the public and others entitled thereto in and to any portion of the subject premises lying below the high water line of the Kennebec River. 6. Sewer easment to the Augusta Sanitary District recorded in said Kennebec Registry in Book 1337, Page 219, a copy of which is attached hereto. 7. Possible pole rights granted to Central Maine Power Company recorded in said Kennebec Registry in Book 969, Page 71. 8. The effect on the subject premises, if any, of the building restrictions set forth in deed recorded in said Kennebec Registry in Book 674, Page 382, a copy of which is attached hereto. 9. The property is not subject to municipal taxes, and there are no outstanding mortgages, assessments or attachments as of the aforementioned date. 10. This opinion is given without having made a determination as to the applicability of the Federal Flood Plain Insurance Law and this opinion is thus given subject to same. Very truly yours, Sanborn, Moresbead, Schade & Gifford By REB:mdk S-7419 Attachments g-- may 8, 1967 a meeting of the board of commissioners of augusta sanitary district was held at the office of the district on wade street in augusta on january 31, 1964 at 4:00 p.m. pursaint to intnent domain notices and was thereafter continued until this date at 4:00 p.m. present were all commissioners. chairman bridge presided. the purpose of the meeting was to complete hearings on eminent domain notices issued january 13, 1964. whereas, it is hereby found that due notice was given in accordance with the eminent domain notices of said district issued janurary 13, 1964, and wheras, hearing has been held on said january 31, 1964 and on this date and evidence of value presented by interested parties; now, therefore, said district does hereby make its determination and decision in accordance with section 3 of chapter 139 of the private and special laws of 1955 and does hereby by eminent domain take title as hereinafter described to the following properties from the following owners and award the following damages: references are made to survey plan, east side land boundaries, augusta, maine, augusta severage district phase iii, john l collins, e., dated september 14, 1963 recorded in the kennebec registry and made up four pages. description of bewer basement taking the right to lay, construct, reconstruct, maintain, repair and operate a system of a sanitary sewers and storm drainage lines with such manholes and apportenances as may be required, said permanent casement to be ten feet wide. it is understood that the surface of the land disturbed will be replaced by the district with surfacing or seeding to the equilvalent of the present condition of the property. wherever structures permit it is understood that there is included berewith a temporary construction casement for the duration of the actual construction of phase iii of the district's sewer program, not to exceed 60 days, such temporary casement to be twenty-five feet wide and to be located upon said permanent casement and extending on either or both sides thereof as the district shall require. said temporary time period is the construction time on each lot as a maximum. the permanent casements above referred to appear on said plan with the following item numbers and owners, an informative recapitalation being as follows: item no. owner damages awarded 1. william h. fowler $20.00 2. james c. concannon, and joan c. eldridge $10.00 3. john j. loiko, and stella j. loiko $150.00 description of fee taking all land and rights to land within an area in said augusta appearing on said plan as item no. 1 bounded on the east by howard st. for a distance of 30 feet, on the south by the state of maine bridge basement's north line, on the west by land of william t. webster for a distance of 54.87 feet and on the north by land of said webster for a distance of 35 feet, said land being owned by william t. webster and mortgaged to walter c. ripley. discription of sewer basement taking the right to lay, construct, reconstruct, maintain, repair and operate a sewer and drainage line with necessary manholes and appurtances as may be required, said casement to be 10 feet wide and the surface of the property after construction to be replaced by the district to its present or better condition. H >.a E 0 7:7- 3 A 0 o 56q%qPq1q7 book 1337 page 220 said casement shall be located on the easterly portion of premises conveyed to said lizotte by deed recorded in the kennebec registry in book 837, page 37, and as set forth on plot plan of alfred lisotte lote, augusta, maine, made by john l. collins, e. and to be recorded in the kennebec registry. item no. owner damages awarded 5. alfred e. lisotte, and $200.00 depositors trust company, mortgages a copy hereof shall be forthwith recorded in the konnebec registry of deeds and filed in the office of the district. dated at augusta, maine, the day and year above set forth. a true copy attest: kennebec ss; received may 14, 1964 at 3h3op.m. know a men by these perse is chai the Augusta. Christian Science Society,a corporation duty organized and existing under the laws of the State of Maine and located at Augusta, in the County of Kennebec and State of Maine, inconsideration one dollar and other valuable consideration, Edward L, RIpley,of Augusta,Maine aforesaid, the receipt whereof it does hereby acknowledge, does hereby Give, grant, bargain, sell and convey N unto the said Edward L. Ripley , his Heirs and Assigns forever. All that part of the land conveyed to the Augusta. christian science society, by henry u springer, late of augusta, by his deed of warranty deted october 8, 1913, which is southerly of a line parallel to the northerly boundary line of said grantor on the south line of williams street and said south line of williams street extended to the kennebec river said line so running parallel to the north boundary line of said grantor a land beginning at an iron post near a small elm tree in the westerly line of howard street and running westerly to the kennebec river, the place of intersection being marked on said river bank by an iron post, the post at the point of beginning being two hundred eighteen (216) feet, more or less from an iron stake driven in the ground st the northeasterly corner of land of said grantor and the iron bound on the river bank being two hundred eighteen (218) feet more or less, from a stone bound on the northwesterly boundary line of said grantor, said land so conveyed being bounded generally on the east by howard street; and on the south and west by howard street, so called, the town landing, so called and the kennebec river, and being a part of lots 474 and 475 as delinealed on a plan of survey made by cushing and dewitt in 1866, and on file in kennebec registry of deeds, and being a part of the land conveyed to grantor by henry m springer by his deed of warranty dated october 8, 1913, and recorded in kennebec registry of deeds, book 539, page 72. this conveyance, however, is made subject to the express exception, reservation and limitation, that no bulidings of any kind whatever, are to be erected on the land hereby conveyed by the said grantee, his heirs, successors or assigns, without the consent of the grantor, said restriction and reservation being for the benefit of the said grantors lot and especialy reseryed by the said grantor as a beneficial prospect and a beneficial control of the surroundings of the lot which is still retained by the grantor, adjoining the real estate hereby conveyed, but the said grantee is granted the right to erect buildings of similar construction tothat now located on the adjacent lot, known as the town landing, or buildings of concrete blocks of brick construction, the same to be used for mercantile or light manufacturing purposes as may be erected shall not be used for purposes which would impair or materially detract from the uses and purposes to which and for which the grantors remaining property is now used. to have and in gold the afore granted and bargained i'remises, with all the privileges and appurtenances thereof to the said edward l. ripley, his heirs and assigns to his and there use and behoof forever. and it does cournant with the said grantee his. heirs and assigns, that it is lawfully seized in fee of the premises; that they are free of all incumbrances; that it has good right to sell and convey the same to the said grantee, to hold as a foresaid. and that it and its successors and assigns, shall and will warrant and defeud the same to the said grantee, his. heirs and assigns forever, against the lawful claims and demands of all persons signal, scaled and deliveral augusta christian science in presence of society seal e. m. thompson fred r. fife, pres state of elaine, krunebec ss december 29, 1930 personally appeared the abonve named fred r. fife, president of the augusta christian science socity, and acknowledged the above instrument to be his free act and deed in his said capacity, and the free act and deed of the said corporation seal before me, e. m. thompson ef por ion File Greenway footpath Book Received Nov 9, 1987 First Church of Christ, Scientist 6 Williams Street Augusta, Maine 04330 207-622-7710 November 6, 1987 Edward I. Heath City Planner 1 Cony Street Augusta, ME 04330 Dear Ed: I just wanted to let you know that we received the draft of the proposed easement, and our Board of Trustees reviewed it at their November meeting, held this week. The Board voted to have the church's attorney review the document. We anticipate making a few changes and will send you a revised draft as soon as it is ready. With best wishes, Wendy (her signature) Wendy F. Rau President ROCKPORT Floats and Ramps at Rockport Marine Park $7,000 Project Description The Town of Rockport, located in Knox County on Penobscot Bay, is facing demands for more harbor facilities as the number of pleasure boaters increases. The existing floats can accommodate 37 dinghies but there is a three or four year waiting list for people who would like tie-off space. The addition of four more floats and two ramps will create 24 new tie-off spots and provide additional float space for fishermen and other users for on and off loading their boats. These floats will improve access to Rockport Harbor by 65%. Scope The Town proposes to: 1. construct 4 wooden floats (10' X 20'); and 2. install 2 aluminum ramps to provide access to the floats. Eligibility The project meets the eligibility requirements of Section 306A (b)(3). Budget COASTAL LOCAL FUNDS MATCH TOTAL 4 wooden floats 10' X 20' with $4,000 $4,000 $8,000 rigid foam flotation, hardware, chain and mooring blocks, stiff arm sUpports 2 aluminum ramps 3' X 30', with 3,000 3,000 6,000 handrails and hardware for attachment to seawall TOTAL $7,000 $7,000 $14,000 4, ROCKPORT Site Location Maps and Project Design H A 0 C K 45- IVA 4.4 0 X SA if tIA Lzca41 N. J all -N, U ZI A N, Z_ ep.. H-h Co, 16@ % % 173 z ncolnv enl@w Fi,. I 23s a Hd SP co- 52 173 L in c o I n. pil 1, 0,:,,Ih Gri 1H P 7 L Qnville Ath,@ C. Z, -t-. -yep Wr - -57 d 116.d Su, P*@ @Op young,...: Mtn ---A "d R@k n- %\, J, i N-d -W ZY y C., r to ,> ARK Ik, C, Owl;- @7 T, It, 0@, Mnunt I ,i Il.n C,\, 0 e -Z\- Cain Ion cm, .1rN ;T DC W sl Rockpo go IL-Be..h -Nilr 8--, P, 4.1 S", z T bai..d P.k @,;,= '. 1,@ Hill Z A. /-',- " , -, , % z z n C, A LDca-hOIA T7 1 kwon xl@ 4. 9 Rock6cf J IR W. 6 % *imW On T'. 'T, % Mike -ff- it P A S G A L A V E N U E 0 S -j r4 A R'.K.. PA.;'MING ALI W -ry-R- -FFA R B 0 R AM 5M 100 2" 3w Rockport Proposal for 1987-88 Maine Coastal Program L 0 Local Assistance Grant w a .17 A L L AWAjee '4s ej. y t4 (...g- 4"x 8 .2 HIA ASS 84 4k4*1 C/- 0 A OA/ A I.& pf FLOAT -SC-TIOAI VIEW (E-Nl>) &CALC /'I I oA 7 PLAAI Vlz5,Al &CCORT PaR. F"@OA75 I.ev. 4CM ........... ............ .............. ......... ............. ........ .......... .... ROCKPORT Environmental Review A. Categorical Exclusion Checklist Additional Floats and Ramps, Rockport Marine Park @@d@Jx A2 CATEGORICAL EXCLOSION CHECKLIST TOTAL COST OF PROJECT: Preservation' or Restoration Federal: Redevelopment of Urban-Waterfronts State: 7,000 and Ports Local: 7,000 X Public Access DESCRIPTION OF PROJECT: Attach description of project to include siting information (area to be impacted). project design, materials to be used. INSTRUCTIONS: For the above action(s) under the subject project or *group of homogeneous. projects, check- the appropriate answer to each of the questions below. If all of the answers on this checklist are checked "No" or "None," then the action(s) meet the criteria for Categorical Exclusion and no environ- mental assessment (EA) will be required. If any answer Is checked "Yes* or ."Significant," then an EA may be required unless: 1) additional information is provided stating why the applicant believes an EA is not required.-or 2) there Is no doubt that an environmental impact statement (EIS) is required. If the applicant believes an EIS is required, they should first contact OCRM to further discuss the matter. Items checked as "Uncertain" or "Minor" may qualify as a Categorical Exclusion if additional information (e.g. mitigating actions) are provided in the project description, or may require an EA. OCRM reserves the right to require additional environmental information in cases where project impacts are not clearly descrited in the application or where probable impacts require an EA or EIS. A. Evaluation of criteria for Categorical Exclusion: 1. This action or group of actions No X Uncertain Yes would have a significant effect on the quality of the human environ- ment. 2. This action or group of actions No Uncertain Yes would involve unresolved con- fliets concerning alternative uses of available resources. B. Evaluation of exceptions to actions within Categorical Exclusion: 1. This action would have signifi- No -X Uncertain Yes cant adverse effects on public health or safety. 2. This action will have'highly No Uncertain Yes controversial environmental effects.". i 4-- S* will have.h Y.1un ce w. irtain environmental' ef fect3r* or@@v A Iq u -unk, -Involv -ens _U or now N 41ro _@y `ImoacU t h 01 4. The specific impact of the project on the following resources: a) beaches and dunes None __X__ Minor _____ Significant _____ b) wetlands* None __X__ Minor _____ Significant _____ c) estuarine areas None __X__ Minor _____ Significant _____ d) wildlife habitat None __X__ Minor _____ Significant _____ e) barrier islands None __X__ Minor _____ Significant _____ f) wild or scenic river None __X__ Minor _____ Significant _____ g) reefs None __X__ Minor _____ Significant _____ h) threatened or endangered None __X__ Minor _____ Significant _____ species i) floodplains j) other unique resources None __X__ Minor _____ Significant _____ 5. This action is related to other No __X__ Uncertain _____ Yes _____ actions with individually insig- nifficant but cumulatively sign- ificant effects. 6. This action will affect properties No __X__ Uncertain _____ Yes _____ listed in the National Register of Historic Places or otherwise pro- tected by section 106 of the National Historic Preservation Act or similar State Preservation Act. Include SHPO clearance. 7. Condemnation is required for the No __X__ Uncertain _____ Yes _____ purchase of property (attach list of names and addresses of property owners if possible). 8. The project is located on undevel- No __X__ Uncertain _____ Yes _____ oped coastal barriers designated pursuant to the Coastal Barrier Resources Act. 9. The project is located in a No _____ Uncertain _____ Yes __X__ notice? designated floodway or "V" zone on a NFIP Floodway Map. 10. This action is inconsistent with No __X__ Uncertain _____ Yes _____ Federal, State (both CZM and other), local or tribal law or requirements imposed for pro- tection of the environment.** * If a U.S. Army Corps of Engineers permit has been obtained, please attach a copy of the permit and a copy of their environmental assessment if one was prepared. ** Please list permits required and their status. If permits have been obtained, please attach to the application. 19 ROCKPORT Environmental Review B. Federal Executive Orders 11988 and 11990 Because the floats and ramps will be on or above the surface of the water, no development will actually take place in the floodplain or the wetland. The project thus complies with the Executive Orders. ROCKPORT Federal and State Permits/Federal Consistency a. No permits are required for this project. b. The project is consistent with Maine's Coastal Program. OCT I i@ I 1987 STATE OF MAINE Department of Environmental Protection "'1147, 01 MAIN OFFICE: RAY BUILDING, HOSPITAL STREET, AUGUSTA MAIL ADDRESS: State House Station 17, Augusta, 04333 JOHN R. McKERNAN, JR. DEAN C. MARRIOTT GOVERNOR COMMISSIONER September 30, 1987 Donald Willard Jr., Town Hanager P.O. Box 10 Rockport, Maine 04856-0010 Dear Mr. Willard: I am writing in response to the letter you sent to Donald Witherill on September 16, 1987. In that letter, you requested information about any permits needed for the town to add two floats and access ramps at the Rockport Marine Park, Rockport Harbor. I have reviewed your project description, the project plan q . and the information obtained in a telephone conversation with Bruce(Hensler CEO; and have concluded that the town is not constructing a permanent structure as defined in the Coastal Wetlands Act (38 II.R.S.A. ;:c t; 471 'nce this law does not give the Department jurisdiction to regu construct on of temporary structures, it is my opinion that you do not need a p it fr this Department. Any changes to the plans submitted on Septem er 6, 1987 or new work proposed on the site may need a Coastal Wetlands Alteration Permit. You may also want to contact the Army Corps of Engineers. The Corps has jurisdiction over temporary structures in tidal waters under Section 10 of the River and Harbor Act of 1899. The town may need a permit from this agency to place temporary ramps and floats in Rockport Harbor. If you have any questions please contact Stacie Ramsay or myself at 289-2111. Sincerely, WILLIA14 LAFlAt4ME Division of Licensing & Review Bureau of Land Quality Control DTW/lck "WILLARD" 47 1 'n Dt em @er6 REGIONAL OFFICES Portland Bangor Presque Isle ROCKPORT Proof of Ownership CALDERWOOD, INGRAHAM & GIBBONS Attorneys at Law 7 - 9 Washington Street P.O. Box 616 Camden, Maine 04843 Paul L. Gibbons 207-236-3325 Mark W. Ingraham, Jr. Terry W. Calderwood of Counsel Cathy G. Morgan CERTIFICATE OF PUBLIC OWNERSHIP October 7, 1987 Re: Additional Floats and Ramps, Rockport Marine Park I am currently the attorney for the Town of Rockport, Maine, and have been requested by Town Manager Donald L. Willard, Jr., who will serve as Project Manager for the Waterfront Action Grant, to determine record ownership for the parcels of property on either side of the Goose River between the Goose River Bridge and Rockport Harbor, on which properties the proposed additional floats and ramps will be installed. After thoroughly examining the public land records or other appropriate records in accordance with Maine law, I hereby certify that marketable title to the property described above is held by the Town of Rockport. Very truly yours, (his signature) Paul L. Gibbons PLG:jhg VINALHAVEN Vinalhaven State Beach Acquisition $50,000 Project Description The Town proposes to purchase a 24 acre beachfront parcel located on the eastern shore of the island of Vinalhaven in Penobscot Bay. The site stretches along 2,875 feet of one of the largest beaches in Penobscot Bay and'has been actively used by residents for over one hundred years. During the past year, the Town has formalized its use of this State-owned property through a lease agreement with the State which contains an option for the Town to purchase the property for $100,000. The State is strongly supportive of the acquisition as evidenced by its willingness to sell the parcel for one quarter of its appraised value. Scope The Town will purchase the 24 acre parcel of beachfront property from the State of Maine utilizing $50,000 of Coastal funds and $50,060 local match. Following acquisition, the Town plans $12,500 of improvements to the parcel including the repair -of-tht--access road; and the installation of sanitary facilities, picnic tables, charcoal grills and children's play equipment. Eligibility The project meets the eligibility requirements of Section 306A (b)(1) and (3). Budget COASTAL LOCAL FUNDS MATCH TOTAL Purchase the property $50,000 $50,000 $100,000 Repair access road (1/4 mile) 2,000 2,000 Area improvements - bush 3,000* 3,000 cutting, open paths, remove debris. Build privies, picnic benches, 2,500 2,500 charcoal grills Swing set, monkey,bars 51000 51000 TOTAL $50,000 $65,500 $115,500 300 hours @ $7.00 $2,100 has been accomplished by Hurricane'Outward@@.", Bound. VINALHAVEN Site Location Maps and Project Design $04 A t4. VIA at klaVeIA ct f Ilegeach ILI "L is T_ 111@ V 173 LU siville w r '7@@ C"I 4 '.M- mack isgandf 'Nia ..... . rZ, 1j. --- . .. . . . --' . , w C phial. cot H." t@ Qk IF . IF . IN" W-ig:f, 1@-, 1. 1 Its% HWb6r Birch WandN,_@:)% @ ji Wt e6 _J% I .4 X, r T, ith %1, HA)" or, Linlis Sp-..: Hiisd C Island t Ensign Is P-dart- ft is - job XV ir, p-@, I G- Lda I a 'Is. EgI. I cf, C-. C @Pii @b S.- I Lps ft e+;z LaWl CC- Lld" EWd I 'G kHiR Sh- I ol '0 lnij@_ I Xh, Irn H-d P,rk 4 ZI IL ___@('Burnt Island 0-4 Park K rc 'J'A' a. Bbb;dg. Island Fish ft a- Pt Sti-p- Island P! "771"4A f oLf @ve7 ewu T.,r;p I, N h'H IL =@ V h is P, sI It 1 7 IL 1) "E III wya 0 0 Rockland IF @-@ G Oil- @Und k Ila x ZIg C'_'.,s cisss@ Ligh H.d, Hil Vs. k_ VI@NALHAVEN C_ I ISLAND, G _I ,k W-d, C. I m @n;@ Ave G L -bru Ill ildlif, It C L. 117 Cz .0-1 > MAWIVNIA -40 NW-L X3CN.' 4rr. kLUUC@id --RIP OF 4@ r%z@:N 21 v (L ae7o Etwo 14, ol ol Ji 0.,.,G VL il' PA nr-- Appendix B VINALHAVEN Environmental Review A. Categorical Exclusion Checklist Appendix A2 CATEGORICAL EXCLUSION CHEMIST TOTAL COST OF PROJECT:(@J@15, Preservation or Restoration Federal:P_V_1DD6 Redevelopment of Urban, Waterfronts State: and Forts Local: 17 6 Public Access DESCRIPTIOH OF PROJECT: Attach description of project to include siting information (area to be impacted), project design, materials to be used. INSTRUCTIONS: For the above action(s) under the subject project or *group of homogeneous. projects, check- the appropriate answer to each of the questions below. If all of the answers on this checklist are checked "No" or "None," then the action(s) meet the criteria for Categorical Exclusion and no environ- mental assessment (EA) will be' required. If any answer is checked "Yes" or "Significant," then an EA may be required unless: 1) additional information is provided stating why the applicant believes an EA is not required,.or 2) there Is no doubt that an environmental Impact statement (EIS) Is required. If the applicant believes an EIS is required, they should first contact OCRM to further discuss the matter. Items checked as "Uncertain" or "Minor" may qualify as a Categorical Exclusion if additional information (e.g. mitigating actions) are provided in the project description, or may require an EA. OCRM reserves the right to require additional environmental information In cases where project impacts are not clearly described in the application or where probable impacts require an EA or EIS. A. Evaluation of criteria for Categorical Exclusion: 1. This action or group of actions No Uncertain Yes would have a significant effect on the quality of the human environ- ment. 2. This action or group of actions No Uncertain Yes would involve unresolved con- fliets concerning alternative uses of available resources. B. Evaluation of exceptions to actions within Categorical Exclusion: 1. This action would have signifi- No Unc.ertain Yes cant adverse effects on public health or safety. 2. This action will have highly No Uncertain Yes controversial environmental effects. 3. This a*t1on *will' have highly un:.; No -Unce*rtailn tes' c .certain environmental effects or Involve- unique-or-unknown-en4lron--.. mental Imoact'. 18 ------------ 4. The-specific impact of the project on the following resources:. a) beaches and.dunes None Minor Significant b) wetlands* None Minor Significant .0 estuarine areas None Minor Significant d) -wildlife habitat None Minor Significant e) barrier islands None -f, Minor Significant f) wild or scenic river None -i, Minor Significant g) reefs None Y, Minor Significant h) threatened or endangered None x Minor Significant species I) floodplains None X Minor Significant j) other unique resources None Minor Significant .5. This action Is related to other No Uncertain Yes actions with individually insig- nificant but cumulatively signifi- cant effects. 6.. This action will affect properties No Uncertain'. Yes listed In the National Register of Historic Places or otherwise pro-. tected by section 106 of the National Historic Preservation Act or a similar State Preservation. Act. Include SHPO clearance. 7. Condemnation is required for the No uncertafn Yes purchase of prioperty (attach list of names and addresses of property owners if possible). 8. The project Is located on undevel- No )L Uncertain Yes oped coastal barriers designated pursuant to the Coastal Barrier Resources Act. 9. The project is located in a No a designated floodway or "V" Uncertain Yes zone on a XFIP Floodway Map. 10. This action is inconsistent with No Uncertain Yes Federal , 'State (both CZI'01 and other), local or tribal law or requirements imposed for pro- tection of the environment." Engineers permit ha h a cop: if a U.S. Army Corps of s been obfained, pTease attac of the permit and a copy of their environmental assessment if one was prepared. b eo, Please list permits reqpfred.and. their status 0-.%Jf [email protected] tai.n -please attach.to. the -applicatione, 19- VINALHAVEN Environmental Review B. Federal Executive Orders 11988 and 11990 This is a land acquisition project therefore the Executive Orders-are not applicable. UNALHAVEN Federal and State Permits/Federal Consistency a. No permits are required b. The project is consistent with Maine's Coastal Program. VINALHAVEN Proof of Ownership This is a land acquisition project. Attached are: 1. two real estate appraisals 2. title certification 3. lease agreement currently in effect between the Town of Vinalhaven and the State of Maine which states that the Town has the option to purchase the property for $100,000 at any time during the term of the lease. JARET COHN., THE ISLA ND GROUP. GOAT'S MILL ROAD, P.O. BOX 168. VINALHAVEN, MAINE 04863 207-863-2554 September 11, 1987 Town of Vinalhaven Vinalhaven, Maine 04863 To whom it may concern; It is my professional opinion that the parcel of land known locally as "The State Beach Property" would have a value on the open market between $350,000.00 and $400,000.00. Within the past year, there has been an increase in the market value of real estate on Vinalhaven never before experienced. "The State Beach Property" consists of 24 acres of land with 2875 feet of water frontage on East Penobscot Bay. It has access by town road. The property has one of the few sand beaches on the Island along with unprotected deepwater frontage. Part of the property near the shore is marshland which is a very pleasant view from the property as it climbs away from the shore. The property appears to be very buildable, with several possible sites. If the property were used as a site for a private residence, it would afford a great deal of privacy, an asset that potential Purchasers would pay handsomely for. Comparables: 1) Headley to Warlick ; Closed 9/87. 5.8 Acres with 1900' water frontage with sand beach and rough deep water wharf. Access to some protected anchorage. Small seasonal cottage and garage. $357,000.00 2) Walker/Sandufer/Kellogg to Lally, Closed 7/87. 5.7 Acres with 640' unprotected deepwater frontage. No buildings. $240,000.00 3) Sorosky to Mc Auley, Closed 12/86 3.4 Acres with 385' un- protected deepwater frontage. One bedroom seasonal cottage. little possibility of expansion or conversion to year-round dwelling. $205,000.00 If this property were listed on the market for $400,000.00, 1 would have several parties interested in viewing it immediately. Sincerely, Wesley Reed Citnifen Belfast 0Roch-Lind 10 .5varspoTt 0 Daniariscotta North Haven 0 Vinalhaven 0 Matinicus Appendix K Sept. 18, 1987 Victoria Dyer Town Manager Vinalhaven, Maine 04863 RE: Estimate the market value of " The State Beach," Town Tax Map #7, Lot #52. Dear Victoria, To estimate value, similiar properties that have recently sold are compared with the subject property by elements listed in the Comparable Sales Analysis below. ________________________________________________________________________________________________ Subject Sale Sale Sale Sale Property #1 #2 #3 #4 ________________________________________________________________________________________________ 24A,water- 6A,1900' 7.3A,640' 75A,aprox. aprox.300A Size front 1500' waterfront waterfront 1000'water over 2000' depth 700' depth 325' depth 500' front waterfront ________________________________________________________________________________________________ Isle-Au- Hurricane Norton Pt., "The Privilege Old Harbor Haut Sound, Sound, City The Reach, Calderwood Rd. Location Arey's Neck Pt. Rd., Walker, neck Rd. formally Rd.,"State formally Sandefur Nelson sub- Osprey Inc. Beach" Headly prop. subdivision division better good good fair equal to sub ________________________________________________________________________________________________ Tidal flats, deep water- deep water- tidal cove, deep water- open ocean front,prop. front, rocky varied front -300', Physical view, sand mostly ledge, shore, farm forest 2 dwellings, Character- beach, forest view of inner fields, view pier, most istics peninsula, islands, of inner water tidal some rocky quarry sites, islands on Basin land shore dwelling better good good fair equal to subj _________________________________________________________________________________________________ development potential good none none better better _________________________________________________________________________________________________ time of summer sale 87 same same same same _________________________________________________________________________________________________ selling aprox. aprox. aprox. aprox. price $360,000. $240,000. $250,000. $500,000. _________________________________________________________________________________________________ Based on these four sales, and considering other smaller waterfront properties that have sold in the past year, it is this appraiser's opinion that the market value of the subject property is: FOUR HUNDRED THOUSAND ($400,000.00) George Harrison (his signature) George Harrison Sales Associate-Vinalhaven Realty World-Gene Kenniston Assoc. Appendix L So,ph,, A. Ligde ATTORNEY AT LAw 38 UNION STREET ROCKLAND, MAINE 04841 207-594-5581 MAILING ADDRESS STEPHEN A. LITTLE POST OFFICE BOX 924 HARRIS R. BLILLERWELL CERTIFICATE OF PUBLIC OWNERSHIP Date: October 9, 1987 Re: Project Name - The State Beach I am currently the attorney for the Town of Vinalhaven, Maine, and have been requested by the State Planning Office to determine record ownership for the parcel of property on which the above referenced project will be constructed, for the purchasd of the State Beach. After thoroughl y examining the public records or other appropriate records in accordance with Maine law, I hereby certify that marketable title to the property described above is held by the State of Maine. Additional comments: None Ste hen A. Little PROPERTY DESCRIPTION A certain lot or parcel of land situated in Vinalhaven, County of Knox, and State of Maine, as shown on a Right of Way Map entitled State Aid Highway No. 1, Vinalhaven, Knox County, land of Clyde E. Talbot to State of Maine, dated October 1957, on file in the office of the State Highway Commission (SHC File No. 7-48) and filed in the Registry of Deeds of Knox County, bounded and described as follows: BEGINNING at an iron pin in the division line between the lot herein conveyed and land now or formerly of Forest Oakes, at Arey's Harbor; thence northwesterly along the said Forest Oakes and land now or formerly of Bergen six hundred ten and five tenths (610.5) feet to the southerly corner of Land now or formerly of C. M. Oakes; thence N. 47 deg. 40 min. E. one thousand one hundred sixty- seven (1,167) feet to an angle point; thence N. 4 deg. 20 min. W. five hundred fifteen (515) feet to the Pooles Hill Road; thence N. 53 deg. 35 min. E. by the Poole's Hill Road three hundred forty- four (344) feet to land now or formerly of H. H. and R. Y. Calderwood; thence S. 20 deg. 00 min. E. by land of the said Calderwood's two thousand one and six tenths (2,001.6) feet to an angle point; thence S. 60 deg. 05 min. E. three hundred and five tenths (300.5) feet to a wood post; thence S. 51 deg. 40 min. E. one hundred fifty-nine and eight tenths (159.8) feet to the shore line of Clam Cove; thence southerly, northerly and westerly following the shore line to an iron pin set in a boulder, at land now or formerly Spellman; thence N. 31 deg. 45 min. W. four hundred (400) feet to an angle point; thence N. 27 deg. 50 min. W. two hundred sixty and five tenths (260.5) feet to an angle point; thence N. 40 deg. 45 min. W. one hundred twenty-three and six tenths (123.6) feet to an angle point; thence S. 2 deg. 55 min. W. four hundred eighty-nine (489) feet to an iron pin set in a boulder at shore line; thence southwesterly and westerly following the shore line to the point of beginning. Also conveying all shore privileges. For reference see deed from Clyde E. Talbot to the State of Maine, dated October 2.3, 1957, and recorded in the Knox County Registry of Deeds, Book 362, Page 282. EXCEPTING AND RESERVING from the above described premises a certain lot or parcel of land situated in Vinalhaven in the County of Knox and State of Maine, bounded and described as follows, to wit: BEGINNING at an iron pin in the division line between the lot herein conveyed and land now or formerly of Forest Oakes at Arey's Harbor; thence northeasterly along the Forest Oakes land, six hundred on -e and five tenths (601.5) feet, crossing the Town Road, to the southerly corner of land now or formerly of C. M. Oakes; thence North 47 deg. 40 min. East, one thousand one hundred sixty seven (1,167) feet, to an angle point; thence North 4 deg. 20 min. West, five hundred fifteen (515) feet, to the Poole's Hill Road; thence North 53 deg., 35 min. East by the Poole's Hill Road, three hundred forty-four (344) feet, to land now or formerly of H. H. and R. V. Calderwood; thence South 20 deg. 00 min. East by land of said Calderwobds, one thousand four hundred ninety-one and eight tenths (1,491.8) feet, more or less, to an angle point; thence southwesterly, along a line passing through a point, to the Town Road, said point being fifty (50) feet N. 40 deg. 45 min. West of the northerly corner of land formerly of Spellman and said course North 40 deg. 45 min. West being an extension of the said Spellman northeasterly line; thence easterly along the said Town Road to a point in the westerly line of said Spellman; thence South 2 deg. 55 min. West, about three hundred seventy-nine (379) feet, to an iron pin set in a boulder at shore line; thence southwesterly and westerly following the shore line to the point of beginning. Containing forty-six (46) acres, more or less, together with all shore privileges. Meaning and intending hereby to describe and convey a part of the same premises conveyed by Clyde E. Talbot to the State of Maine by warranty deed dated October 23, 1957 and recorded in the Knox County of Deeds in Volume 362, Page 282. Excepting and reserving, however, any and all right the public may have in and to the road within the bounds of the above described premises. Also, excepting and reserving to the grantor, its successors and assigns, a right of way in common with the grantee fifty (50) feet in width along the easterly bound of the premises herein conveyed and abutting the said land now or formerly of Calderwood and extending from the Poole's Hill Road, State Aid Highway No. 1, southerly to the remaining land of the grantor. The above described premises are hereby conveyed to the grantee for so long as and subject to the condition that they shall be used solely for park and recreational purposes by the grantee or any semi-public or quasi public organization or body acting for and in behalf of the grantee as its agent and,that upon the termination of the aforesaid use by the grantee, title to the said premises shall revert to the State of Maine. For reference see@ deed from the State of Maine to the Inhabitants of Vinalhaven, dated September 17, 1969, and recorded in the Knox County Registry of Deeds, Book 495, Page 399. LEASE AGREEMENT This Agreement is made and entered into by the MAINE DEPARTMENT OF LrS ORTTION, as Lessor, and the Town of Vinalhaven, as Lessee, Z n to Lessee the 0 198 Lessor leases land (hereafter "premises") situateT in Vinalhaven, County of Knox, State of Maine, as shown on a Right of Way Map entitled, State Aid Highway " No. 1", Vinalhaven, Knox County, Land of Clyde E. Talbot to State of Maine, Dated: October, 1969, D.O.T. File No. 7-48 - Sheet 1 of 1. The street address of the premises is off Poole's Hill Road. ' The term of the Lease will commence 0 ni@L@@% s@ 19.8i7, a n d will continue for two years. Lessor sha liv n to Lessee on that date. The Lease shall be terminated by either party 30 days after receipt of written notice of intent to terminate. At any time during the term of this lease, the Lessee shall have the option to purchase the property, subject of this Lease, for a price of $100,000.00. Any rent payments made by the Lessee shall be credited to the purchase price. The Lease shall be subject to the following conditions: 1. RENT. Lessee agrees to pay as rental for the premises One Thousand Dollars ($1,000.00) per year, payable, without demand, in advance k Payments will be made to the -Tre@3surer, State of Maine and mailed to Maine- Department of Transportation, State House Station 16, Augusta, Maine 04333. 2. OCCUPANCY. Neither the premises nor any part thereof shall be used at any time during the term of this Lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a re- creational area. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate govern- mental authorities pertaining to-the p remises. 3. ASSIGNMENT AND SUBLETTING. Lessee shall not sublet the premises, or any part thereof, or assign this Agreement. 4. ALTERATIONS AND IMPROVEMENTS. Lessee may improve and main- tain existing access roads and may place picnic tables and accessories on the premises. 5. DANGEROUS MATERIALS. Lessee shall not keep or have on the premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 2 6. RIGHT OF ENTRY. Lessee shall allow Lessor to enter the premises at all reasonable hours and upon 24 hours' notice for the purpose of inspection and to make repairs and al- terations to the premises. Lessee shall allow Lessor to enter the premises at all times in the case of an emer- gency. Furthermore, Lessor need not give Lessee notice of its intent to enter when it is impracticable to do so or an emergency exists. 7. INDEMNIFICATION AND WAIVER. Lessee shall indemnify and save harmless Lessor from all liability, loss,- cost, damage or expense arising from injury to the person and/or prop- erty of Lessee and to Lessee's employees, family, agents, guests, inviLees or licensees and their property; said injury or damage occurring on the premises or any part thereof or in the common areas thereof. Lessee therefore agrees to hold Lessor harmless from any claims for damages no matter how caused. Lessee waives all present and future claims against Lessor, as such, that might be considered as exceptions to the immunity otherwise provided to Lessor by the Maine Tort Claims Act. Should a provision or part of this Condition be declared void by a court of competent jurisdiction, the other pro- visions of this Condition Phall remain in force. Furthermore, Lessee acknowledges: 1) That Lessee shall surrender the premises to Lessor on the expiration or sooner termination of the Lease in as good condition as when received, ordinary wear and tear and damage by the elements excepted; 2) That any holding over by Lessee under this Agreement, with- out Lessor's written consent, shall be a tenancy at will; 3) That upon default in the payment of rent, or any part there- of, or if any default is made in the performance of any of the con- ditions described above, the Lease shall terminate immediately at the option of the Lessor; 4) That waiver by Lessor of any breach of condition under this Lease is not a waiver of any other condition or duty of Lessee, or of any subsequent breach of the same condition or duty. 3 IN WITNESS WHEREOF, the parties bave executed this Agreement a r@ 1::t:4 4,,v t County of State of Maine, on this day, 198 Witness: Agent Maine Departke-nt /`bf ransportation 74 SOUTHWEST HARBOR I Manset Dock Boat Pollution Abatement Facility $5,812 Project Description Commercial and recreational boaters have few locations along the coast of Maine where they can discharge sewage wastes for proper on-shore treatment. Consequently, the primary disposal method is direct overboard discharge which is degrading the water quality of Maine's heavily used harbors. Many areas can no longer assure safe public access for swimming and must seasonally close local shellfish beds, thus limiting the access of commercial fishermen to their livelihood. The economy of Southwest Harbor, located on Mount Desert Island, is centered around its harborfront. More than 50% of the Town's workforce is employed in boatbuilding, commercial fishing, or the servicing of recreational boats. In addition, the Mount Desert Island area is the most popular yatching area of Maine drawing many boaters in need of shoreside facilities. The Town proposes to install a pumping station at its Manset Dock Facility which was expanded this year by the addition of a boat ramp funded by a Waterfront Action Grant. This is the I-east congested area of the harbor and will provide convenient access for all boaters. The Town will install a system composed of a holding tank and a pump on the Manset Dock. The effluent will be pumped from boats into the holding tank and then on to the Manset sewage pump station 300 feet from the dock which will transport the sewerage to the Town's secondary treatment plant. The Town will provide a 100% local match for the requested grant funds. Eligibility The pro1ject meets the eligibility requirements of Section 306A (b)(1) and (3). Budcjet COASTAL LOCAL FUNDS MATCH TOTAL 1. Pipe Materials $1,125 $1,125 $2,250 2. Excavation 1,562 1,562 3,124 3. Pump Station 2,075 2,075 4, 150: 4. Drop Inlet 100 100 200 5. Braces and Hardware 100 100 200 6. Power Facilities 250 250 500 7. Admin. & Eng. 150 150 300 8. Contingency 450 - 450 900 TOTAL $5,812 $5,812 $11,624 SOUTHWEST HARBOR Site Location Maps and Project Design NL X-. Uft O.P rN '66 AW HOC ;@N w ft I N%OR I., I A I '%ORIN 2C.nlintu, Nbr, ?4 4 SULLIVAN 5 South A; -,4 1.11.140 6KEAG W.AS6KEAG If @NIECK Ash 01 Z, ;l 85 W 3184 0J Orr to ad@Dl. Bell ni, Old Pt IHIAC Park- c ---------- Dr. d Lj Ad Pit Ir, Lad" 0. pt Y, LMI. A Pt r C." I . Q/ Th,- '@Urn.iru, Sult, P,Nk %; Ber mome Old PC Tirenton H-kcl;- pt Hwbor Sure 30 L.I..d Send Pt Pt @' %. -I h, 0- 'N 20, Island est T Park. enlon 3 Pt 4@, \ Cape L-i 30 OVA! salsbur) Lookout X@@ P, Said Rmk d -.1" - ,"--I I all ovek, , - " C7- I I - Bald Rmk Ledge I., 'SO @p Canoe Pt and, I Pt All 98 v Burnt Long P-Pift @c_ pt Ked T, A. vorcupi76 I C`Lgh % d Ironb6und W, of lbl,), Wn Oak Pt bar- uhpl Pt ndiam tt_.. artor B.Id P- Blagd- M > G,- 7 Af@ Back Island ach.. F-I lf,'y in, 1P 2 No"h Pt 633 Th. Hub All 98 3 Wild - vi sp- Th. Thni-p +1,, G- ,p Wk &SOD A- it Hill -eA A D 1,0V61,bl, Hug-t L,dge ln Bar I Al AT I 0"N L T. ,RT,'LE7, I, rZIr"d, Ail, I H,.d S. Aid ' I PA rnplitin T D" R .I. Air- L,ANO X, Quarry sit C.. Z 1. 0.1, Hill DAN S-ah 010 M.A. L-d" --mm 'Z 1, P-6s,01: 104 4 A, n Id-d (BG,., Hr,d 'ks hilrt"T B198 A- dis" hilrt"T Nil n 7 S-d Br-h Ti old S-ke, E) Thu.d,, H.11 ;7 Ulf efte k Arsl0r. v @n =@, . . 14 ,S( " 3. Sarnd St S--i c, 7 allfs of One, onarpt mui -"rd--@ ;', " @`t It n T, W-- P. Mm ACAIDIA NATION' A --- L: C, C, C, @i-mld E..ft A-0 ; - I `,I\ - 1, - , - Nod"-t -py-c)) R =-A ic-@ Locabov) 02 Sri,, P, Read Pt Haibor c ', - ;7 - @\.. E ell S.- Ld.. G-d 7- TX @@1,471 ', hi-d- A, 'Ai Al -;Harbo- D.dq. Pt 02 F-Id It vz" .'@17 - P, Rum.11 N" Mansd csf Trem4l L Rack* Gilley Ldp Is rx, )err b..O- -ip All F It X Alf LIV 48 21 00 zo is fit jt 'v G D f9A @24 AD 41 3-7 7 /P AA -T T L L L r t C) t, tj Te 17LANI IV/ 1,10 V-t VY. I j- It L OW F7 SCD 7 ;1, -3 N V. < t2 V ER @.',,T kl E@- _Tu _MP-M 1,4 _Y_ R T -;,, fill," S' iY-Y@"--.WAs` G 4-.'.A KV J), _5, M L ls@ lw- L? MAI& _10 FIT: rr A4N .4Z 0, 4 On k R A4N ON UIPMENTCOMPAN marine Division 1222 K noxville Street-_ 'San Diego .CA 92110' Tele.phone (714) 276-9000.,, t:-4 -Z-7 n S IN Yll GENERAL SPECIFICATIONS bolts. The advanced design of Pump-A- the structural frame by stainless steel Head's intake and discharge valve bolts with provision for a security padlock Pump-A-Head is a self-contained marine housings make it the most efficient diaph- if desired. The cover is easily removable i)urnp-put station specifically designed for ragm type of its size available. It requires for servicing the unit should it be neces- handling marine sewage. Pump-A-Head no external priming source and no main- sary. The enclosure provides complete has a capacity of 19 gallons per minute tenance. weather protection as well as protection when operating at a discharge pressure of from dock wash-down water or wave ac- 20 pounds per square inch and is.capable ELECTRICAL: The pump is powered tion. The enclosure's non-mechanical of a suction lift of 20 feet in 5 seconds. by a % HP 115/230 single phase 60 Hz built-in storage rack provides neat -and Overall dimensions are 37 inches long by gear head motor. The switch is internally simple storage for the hose and suction 15 inches wide by 45 inches tall. mounted, and only the actuator is open nozzle assernbly. to the weather or accessible to touch. STRUCTURE: The structure is specif- ACCESSORIES: The suction hose is ically designed to support the necessary Models 150 and 175 motors and switches 30 feet in length and 11/2 inches in dia- eqtj;:)rnenj and provide firm mounting for are totally enclosed and weather-tight. meter. It is crush proof, smooth bore, and the pump unit. All structural components Model 150 is controlled by a timed coin long lasting. This extremely flexible hose t are of non-corrosive materials. All steel operator. The Model 175 is controlled is impervious to most chemicals and is ;),)rts are galvanized or baked epoxy by a 0 to 15 minute timer. equipped with a 11/2 inch full opening coated. The structure will support all plastic ball valve on the inlet and has a enclosures, electrical components, pumps, Model 200 motors and switches are rubber suction adaptor to prevent leak- and internal valving, plus an additional Explosion Proof, and meet all require- age. The rubber adaptor is equipped with test weight of 250 pounds. ments for hazardous locations and can brass reinforcement and fits all standard be used on fuel docks. marine V12 inch deck waste fittings. SANITARY PUMP: The pump is a diaphtagm type manufactured by Kenton PUMP-A-HEAD without the coin oper- OPTIONAL EGUIPMENT: Anoption- Equipment Company capable of passing a ated or timing devices meets all NEMA al 50 foot. 1'/, inch suction hose is avail- maximum solid of 11% in *ches in diameter. Class I Group D requirements for hazard- able. An all-plastic "quick disconnect" The reinforced neoprene diaphragm is ous locations and can be used on fuel unit is available for the suction hoses. upported by two plates secured to a docks. However. coin operated or timing Jdainless steel drive rod by stainless steel devices cannot meet the explosion-proof tits and lock washers. The inlet and: electrical standards. discharge valves are of reinforced neoprene t is fully seating against .. replaceable ENCLOSURE: The entire uni stainless steel seats. The valves ire easily housed - in an attractive. shatterproof '7L' Z@-- t fiberglas enclosure and is c accessible by removal of 4 s ainless steel onnected t Z., A PARTIAL ROSTER OF PUMP-A-HEAD USERS U.S. Corps of Engineers. Denison Dam, Denison. Texas 4) U.S. Corps of Engineers, Keystone Lake. Sand Springs, Oklahoma U.S. Corps of Engineers, East Lynn Lake. East Lynn. West Virginia East Harbor State Park. Port Clinton, Ohio City of Naples, Florida Bay Haven Marina. Holland. Michigan Washington Park Marina, Michigan City, Indiana The Dry Dock, Hyde Park. Ontario. Canada D & M Sport, Fishing Center, Virginia Beach Virginia Greenwich Grass Island Marina, Greenwich, Connecticut Waheap Marina. Lake Powell, Page, Arizona Patricia Bay Marina. Vancouver. Canada Kentucky Dam Marina, Gilbertsville, Kentucky Lithia Springs Marina. Shelbyville, Illinois Bullfrog Marina. Lake Powell. Hanksville. Utah Duchow's Island Yacht. Milwaukee, Wisconsin River Street Marina, Port Huron. Michigan Johnson Boat Yard. Ithaca. New York Harbor District. Oceanside, California Harbor District. Orange County, California San Diego Unified Port District, San Diego, California Ala Wai Marina. Honolulu. Hawaii 10 Cedar Point Marina, Sandusky. Ohio Shilshole Bay. Seattle, Washington Ballena Bay Yacht Harbor, Alameda, California Lake of the Ozarks. Camdenton. Missouri Dana Point Marina, Dana Point. California Los Angeles Municipal Pier. Los Angeles, California Catalina Harbor Department. City of Avalon, California Tahoe Keys Marina. Lake Tahoe. California Oak Harbor Marina, Oak Harbor. Washington Lane County, Eugene. Oregon MAJOR COMPONENTS City of Poulsbo, Washington PUMP-A-HEAD PART NUMBERS: Marina Pacifica. Long Beach, California 1. Frame assembly City of Santa Barbara, California 3. Discharge elbow 4. Explosion proof motor - 1/2 HP 5a. Speed reducer camblock assembly 7. Inlet hose 1 1/2, x 30 ft. 7a. Inlet hose 1 1/2, x 50 ft. (optional) 8. Suction isolation valve 9a. Suction nozzle assembly 10. Coin-operator (Model 150) Timer (Model 175q1 On-off switch (Model 200) 21. Pump bowl 22. Diaphragm 23. Diaphragm reinforcing plates 121 24. Diaphragm retaining ring 40. Valve only 46. Suction hose adaptor flange 90. Suction elbow 110. Top cover (fiberglas) 112. Side panels (fiberglas) 120. Adaptor (male) 121. Adaptor (female) These items are available as assemblies only MODEL 150: COIN OPERATED MODEL 175: TIMED ON -OFF CONTROL MODEL 200: STANDARD, EXPLOSION PROOF OVERALL DEMENSIONS Height__ 45 INCHes Length. 37 inches Width . ....... .. ... .. ... 15 Inches SHIPPING WEIGHT Approximately 165 pounds KENTON EQUIPMENT COMPANY Marine Division 1222 Knoxville Street KENTON EQUIPMENT COMPANY DISCHARGE PERFORMANCE The discharge performance SUCTION PERFORMANCE -The Pump-A- Head will lift fit of Pump-A-Head depends on the length of the discharge piping maximum height of 25 feet. providing there ate no air leaks in (distance). the size and type of pipe used, and the height the fluid suction system. The time necessary to draw the fluid from the l- must be lifted before it discharges under atmospheric pressure into a ing tank to he pump will increase as suction height increases sewer line, wet well. or storage tank. To determine how well the Pump-A-Head will meet your application. measure the total length of discharge piping and the height above the pump that the fluid must be raised. Refer to the height-distance table and find your distance. The corresponding height in the table is the recommended maximum As long as your height is less than the maximun deteimined. the Pump-A-Head will provide satisfactory Note: The height-distance table is correct for most types of performanc with a pumping rate of fifteen gallons per minute (See pipe If 2" pipe is used. multiply the distance in the table I example below) Discharge pipe size below I 1/2" is not recommended Referring to the table, the closest listed distance is 300ft with a corresponding maximum E X A M P L E height of 40 ft Since only 20 ft of lift is required. the Pump-A-Head's performance is well within the requirements. S E V2qY HEIGHT= 20" 150", 30" 50" SUCTION LIFT Height 20'(net) Distance = 10+1+30+3+50+150"=2 SOUTHWEST HARBOR Environmental Review A. Categorical Exclusion Checklist CATEGORICAL EXCLUSION CHECKLIST TOTAL COST OF PROJE6: 6 x Preservation or-Restoration Federal: .1 .Redevelopment of Urban* Waterfronts State: and Forts Local: 46 _5 Publ i c Access DESCRIPTION OF PROJECT: Attach description of project to include siting information (area to be impacted), project design, materials to be used. INSTRUCTIONS: For the above action(s) under the subject project or group of homogeneous. projects, check- the appropriate answer to each of the questions below. If all of the answers on this checklist are checked "No" or "None, then the action(s) meet the criteria for Categorical Exclusion and no envirL mental assessment (EA) will be required. if any answer is checked "Yes" or "Significant," then an EA may be required unless: 1) additional information is provided stating why the applicant believes an EA is not required. or 2) there is no doubt that an environmental 'impact statement (EIS) is require If the applicant believes an EIS is required, they should first contact OCRv to further discuss the matter. Items checked as "Uncertain" or "Minor" may qualify as a Cateoorical Exclusion if additional information (e.g. mitigati actions) are provided in the project description. or may require an EA. 0CP reserves the right to require additional environmental information in ci,.scs where project impacts are not clearly described in the application or- probable impacts require an EA or EIS. A. Evaluation of criteria for Categorical Exclusion: 1. This action or group of actions No 7, Uncertain Ye- would have a significant effect on the quality of the human env'iron- ment. 2. This action or group of actions NO X Uncertain would involve unresolved con- fliets concerning alternative uses of available resources. B. Evaluation of exceptions to actions within Categorical Exclusion: 1. This action would have signifi- N, oX Uncertain Yes cant adverse effects on public health or safety. 2. This action will have highly No X Uncertain Ye*5 controversial environmental effects. a es Unc 'rt* In Y 3. This action will'-have highly un:.;- No certain environmental- ef fectS - or. -or-u involve unique.. ninown-eniviron- 4. The specific impact of the project on the following resources:. a) beaches and dunes None x Minor Significant b) wetlands* None x Minor Significant c estuarine areas None x Minor Significant d wildlife habitat None x Minor Significant e) barrier islands None x Minor Significant f) wild or scenic river None x Minor Significant g) reefs None x Minor Significant h) threatened or endangered None x Minor Significant species i) floodplains None X Minor Significant j) other unique resources None Minor Significant 5. This action is related to other No x Uncertain Yes actions with individually insig- nificant but cumulatively signifi- cant effects. 6. This action will affect properties No x Uncertain. Yes listed in the National Register of Historic Places or otherwise pro- tected by section 106 of the National Historic Preservation Act or a similar State Preservation Act. Include SHPO clearance. 7. Condemnation is required for the No x Uncertain YES purchase of property (attach list of names and addresses of property owners if possible). 8. The project is located on undevel- No x Uncertain Yes oped coastal barriers designated pursuant to the Coastal Barrier Resources Act. 9. The project is located in a NO x Uncertain Yes a designated floodway or "V" zone on a NFIP Floodway Map. 10. This action is inconsistent with No x Uncertain Yes Federal, State (both CZM, and other), local or tribal law or requirements imposed for pro- tection of the environment.** S. Army Corps of Engineers pemit has been obtained, please attach a copy If a U. of the permit and a copy of their environmental assessment. if one was prepared. ** Please list permits required and their status. If permits have been obtained, please attach to the application. SOUTHWEST HARBOR Environmental Review B. Federal Executive Orders 11988 and 11990 The project is not located in a 100 year floodplain or in a wetland.. SOUTHWEST HARBOR Federal and State Permits/Federal Consistency a. An application is currently under review at the U.S. Army Corps of Engineers and the Maine Department of Environmental Protection. Although the project will not actually be located in the wetland area, the nature of the development called for a precautionary review of the proposed installation plan by review agencies. b. The project is consistent with Maine's Coastal Program. SOUTHWEST HARBOR Proof of Ownership CERTIFICATION OF PUBLIC OWNERSHIP September 29, 1987 Re: Manset Dock Pollution Abatement Facility I am curently the attorney for the town of Southwest Harbor, Maine and have been requested by Eric Swanson to determine record ownership for the parcel of property on which the above referenced project will be constructed, for a sewerage pump sta- tion to be located on the Manset dock. After thoroughly examining the public land records in accordance with state law, I hereby certify that marketable title to the property described above is held by the Town of Southwest Harbor. Additional Comments: None Sandra Hylander Collier @;T n;;4 J.L. STANLEY & SONS CO. -TO- ( BY Treas) SOUTHEAST HARBOR AT SOUTHWEST harbor pAGE 811 Warranty Dood. Dated MAR. 3.1959 Consideration $1. &c. Recorded Sept 18, 1939 DESCRIPTION; A certain lot of land at Manset in Southwest Harbor bounded as follows:-Beginning on the easterly side of Shore Road so-called, at the southwestt corner of a lot conveyed by Isaac F. Stanley et als to Theresa M. Bond et als, by deed dated November 21, l929, and recorded in Book 628, Page 316 of the Hancock County Maine, Reg. of Deeds, thence southerly following the easterly line of said road, one hundred one feet to a point twelve feet northerly from the northerly side of the ico-house, known as Stanley's ice-house; thense easterly and parallel to and twelve feet distant northerly from said northerly side of said ice-house, to the water; thence northerly by the water to the southerly line of the lot herein- above mentioned as conveyed by Isaac F. Stanley et als to Theresa M. Bond et als; thence south forty-one de- grees thirty minutes west, passing through bounds erected on September 9, 1929 to the place of beginning. This conveyance is made subject to such restictions described in a deed from J. L. Stanley & Sons Company to C. W. Marion and P. C. Parkhurst, dated October 10, 1927, and recorded in said Registry in Book 614, Page 506, as are pertinent thereto. Also subject to the rights of the heirs and assigns of Eldora F. Ward to maintain a sewer across said property hereinabove described. BAR HARBOR Harbor Park Development $40,000 Project Description The Town of Bar Harbor is located on Mount Desert Island, home of the Acadia National Park, and one of the most frequently visited areas in Maine. The Harbor Park will occupy a newly created site along Bar Harbor's downtown harborfront in the Town's central business district. Several years ago, the Town completed a Coastal Planning Grant project which recommended the construction of a new retaining wall to support the existing harborside wall which is near collapse. The construction of the new wall, to be completed this fall, will create a surface (20ft by 250ft) which is ideally suited to development as a harborfront park. Its location, on the harbor adjacent to the Town's busy public wharf facility, will provide a safe, attractive destination point from which the public can observe the harbor activities of fishing boats, pleasure craft, ferries and sightseeing boats and, occasionally, large cruise ships such as the QE2. Scope The Town proposes to construct a 20 ft. by 250 ft. park which will be designed to resemble a wharf with timber decking and benches. Surrounding the deck section of the park, will be paved access walkways and a heavy timber railing. The site will be selectively landscaped with trees and raised planters. The Town will provide a 125% match to the grant funds request. Eligibility The project meets the eligibility requirements of Secl@ion 306 A (b)(3). Budget COASTAL LOCAL FUNDS MATCH TOTAL Subgrade Preparation & Gravel Base - 4,-000 c.y. @ $2.00 ---- $ 8,000 $ 8,000 Asphalt Paving - 250 s.y. @ $8.00 ---- 2,000 2,000 Sidewalk Surface - 2,400 s.f. @$6.00 ---- 14,400 14,400 Timber Deck - 2,300 s.f. @ $8.00 $18,400 --- 18,400 Granite Curbing - 220 ft @ $30.00 ---- 6,600 6,600 Rail - 230 LF @ 47.50 ---- 10,925 10,925 Lighting - 4 poles @ $1,000 4,000 --- 4,000 Raised Wooden Planters - Lump Sum 7,000 --- 7,000 Trees - Lump Sum 2,000 --- 2,000 Benches - 5 @ $1,000 51000 --- 5,000 Sign, Trash Receptacles, etc. 3,600 --- 3,600 Design Fee ---- 8,075 8,075 TOTAL $40,000 $50,000 $ 90,000 BAR HARBOR Site Location Maps and Proiect Design 1.0 0 C K to tw@ft 10 0 x F-ft- SAG 8000 V- N V"jej c 3 4 SULLIVAN 5 Cordinue n Ma 4 sou WALIKE Inwl'.1 m0q, P4 `7 -NECK A! L ;74 3 ".It Pt Hot, ;L ome 14, 01, all0 B"n to' Is! rid kN p_j_ Old Pt @Hanp Pt 4 C anc 1 4:11 2@ La M- I&M A st 7mne d. y6de Pt He-ock\ Pr Miuids@ PI 0/ C.If I . -m-P Th-P* moine Be,4Cb Old Pt I.V v Urn.intllealh "I Aad Trenton H n ock Pt x, su- 1,J..d L.I..d 0 Ft 3 q)Th,O-n, f. 20, 'eir 10 enton Al. Pt IF--- po L-i Salbu7j z Cove Lookout S Id R@k H.V.. P, ,/@, - , , - . ". " ,." *B, j, . @, Bold Rock Hulls Cov t. - , ft -,dan 1501- -p Pt B.,.t 198 Ap". - Pofcupl_ F Long o'.upig6l @d Rot. C-d f I fronbound 1, ;c Fjh Pt -, Youngs Art, N* I -,r n at- M. CIA Pt Idi-Pt P IlIsd in Black G- 1= try Wn, isi..d LL nd Y.I. FW I z -Hill 233 631 % "Ith PI V Th. Hub- V, lye so mesv 3 SquW I -ILL f A.di. S-Io Th, G Ml"h .695u, J m Ok R-k Light 'Squ.- Hi P, @'ACAD 1116, Hutt Em Rck -1 deno T.M. B., L N XT 110 U_k Dick S-utid P A R 1@j,_ p Pt -d ID Ir. "Th Subbh,s Qu C m P"krL It O.k .01 CH" 732, Min S-th HANt, L,if@ Ni F-6bscot T"a - h...d pt-h" -v.M1K, bI S-,-n On 1 Al N-k =a_\ 3 k -.Sand Bcach Id So.lu, 7t r Th, T6 Foll', Th I e _4 3 d(B St sauvtw, cWt. of o- @e I, A W- P. In m z N AT I bf@@ . . . . . . . . . . . I's Q -'PA R C,-4@W@ E.. P4 \% atbpr W covi"', 'z E.. L@9- ;-d Pt . . . . . . 6,uthwesl G I N+ H W16@1 S. C R Ny B E R R Y P, D D.dil. Pt 02 z Njansel 11 -:;@'est Tie rnOn Hio Hfll ford @t\ rFes IN ii Lft, ,i G II., L-d" Rock* Tle,mont G,-. N.W. -A Goo" Co- For+ Loca4iovj ,e -D.ZkFIL Jim ,-PM , @ V@7 r .Z 100 0 100 200 300 400 22 33 4 scale yards 12 Breakers It Afw!@@\ IL NA @, i &' foul 3 (2 5 7 r ro a 9 2 RrISLAND 9 BA 170 2 3 3 4 23 5 3 14 7 3 14, ti 2! 5 9 3 22 12 15 24' 5 5 7 15 19 27 -.A 6 6 3 5 2 20 /IN5 2 4 A R B O..R 5 3 B A'R Ide 15 23 3 13 3 2 27 2 s 2 7 20 2 32 10 29 15 Tanks 17 21 4 A 26 14 A 5 16 Romp Mud wo 4 PROJECT SITE -.BAR HARBO R ALL ELEVATIONS BASED ON MEAN LOW WATER J; 7 4 g 7 W WATER EL. M F- _A%j _L 101 V 'v FRENCHMANS SAY BOATING COMPANY 471;1' yjt)F, EL.7 FUEL TAN"K BUNKER PROPOSED RETAINING TO WALL S.. BE REMOVED M E A D @g 7f PROPOSED FILL EXISTING GRANITE RETAINING WALL SIDEWALK GRANITE CUR13 EET WEST STS IMF,' 20 40 20 0 PROJECT PLAN -.1cale feet BAR HARBOR HANCOCK COUNTY, MAINE JUNE, 1986 APPLICATION BY: TOWN OF BAR HARBOR L.1 @ELEVATIONS BASED ON MEAN LOW WATER BAR HARBOR. MAINP A - - - ------- -N RENCHMA -:F7 WOOD DECK"- - Lb -j*3 'S 13AY --D- --PARKING------ FENCHMAN a, cAR- r&feK-1?,4Gi Agfb- 70 BOATING Co. 0, ILING N@l 11 "_1 =WrIM 014 RAISE2. E 7R FA1515-D 15f.IC.K- I'L&OTM WEST STREET v, I-rK k,@@o 6(@&Y \vALA- TOP BRICK PAVED WALKWAY gc. f- rmEg5 09 ct I K- rATTY-1119 UJI uj 6 ",Kwf t fv.-I'vw YAW i Not r 0 5' 101 201 '01 PARK PLAN 0 H ARBOR PARK MTF Associates BAR HARBOR, MAINE I iF@ KLEINSWMIDT ASSOCIATES consuftl"g Engineers p.0. Box 576 21 SECTION 75 maim S*tMAINE 04967-0076 WE C.'=181.1-00115 .43 %VAIA- PmrSFIELD. 207/23i'W5 -7- BAR HARBOR Environmental Review A. Categorical Exclusion Checklist CA,TEGORICAL EXCLOSION CHECKLIST TOTAL COST OF PROJECT: Preservation or Restoration Federal fl/,9 I Redevelopment of Urban-Waterfronts- State and Forts Loc z Public Access DESCRIPTION OF PROJECT: Att ach description of project to include siting information (area. to be impacted), project design, materials to be used. INSTRUCTIONS: For the above action(s) under the subject project or-'group of homogeneous. projects, check-the appropriate answer to each of the questions Jelow. If all of the answers on this checkl'ist are checked "No" or "None." then the action(s) meet the criteria for Categorical Exclusion and no environ- mental assessment (EA) will be required. If any answer is checked "Yes" or. 'Significant," then an EA may be required unless: 1) additional information is provided stating why the applicant believes an EA is not required, or 2) there is no doubt that an environmental impact *Statement (EIS) is required. If the applicant believes an EIS is required, they should first contact OCRM to further discuss the matter. Items checked as "Uncertain" or "Minor" may qualify as a Categorical Exclusion if additional information (e.g. mitigatinc actions) are provided in the project description. or may require an EA. OCRM reserves the right to require additional 'environmental information in cases where project impacts ire not clearly described in the application or where probable impacts require an EA or EIS. A. Evaluation of criteria for Categorical Exclusion: 1. This action or group of actions' No Uncertain Yes would have a significant effect on the quality of the human enviro'n- ment. 2. This action or group of actions No Uncertain Yes would involve unresolved con- fliets concerning alternative uses of available resources. B. Evaluation of exceptions to actions within Categorical Exclusion: 1. This action would have sicnifi- No Uncertain Yes cant adverse effects on public health or safety. 2. This action will have highly No Uncertain Yes controversial environmental -effects. 3. This actioa will have highlY u -Unc,-rtain ef fects -0 certain environmental- Invol ve- unique-or-u n known- enit I roM- mental Imoact Z 4. The specific Impact of the project on the following resources: a) beaches and dunes None Minor Significant b) wetlands* None Minor Significant c) estuarine areas None Minor Significant d) wildlife habitat None Minor Significant e) barrier islands None Minor Significant f) wild or scenic river None Minor Significant g) reefs None Minor Significant h) threatened or endangered None Minor Significant species i) floodplains None Minor Significant j) other unique resources None Minor Significant .5. This action is related to other No Uncertain Yes actions with individually insig- nificant but cumulatively signifi- cant effects. 6. This action will affect properties No Uncertain Yes listed in the National Register of Historic Places or otherwise pro- tected by section 106 of the National Historic Preservation Act or a similar State Preservation Act. Include SHPO clearance. 7. Condemnation is required for the No Uncertain Yes purchase of property (attach list of names and addresses of property owners if possible). 8. The project is located on undevel- No Uncertain Yes oped coastal barriers designated pursuant to the Coastal Barrier Resources Act. 9. The project is ocated in a No Uncertain Yes a designated floodway or "V" zone on a NFIP Floodway Map. 10. This action is inconsistent with No Uncertain Yes Federal , State (both CZM and other), local or tribal law or requirements imposed for pro- tection of the environment. If a U.S. Army Corps of Engineers permit has been obtained, please attach a copy of the permit and a copy of their environmental assessment if one was prepared. Please list permits required and their status. If permits have been obtained Please attach to the application. . BAR HARBOR Environmental Review B. Federal Executive Orders 11988 and 11990 The park is not located in a floodplain or in a wetland. BAR HARBOR Federal and State Permits/Federal Consistency a. No permits are required for the park development project. The proper permits were obtained for the seawall expansion on which the park will be developed.. These permits are on file in our Office. b. The project is consistent with Maine's Coastal Program. BAR HARBOR Proof of OwnershiT@ 207-288-3388 BERNARD C. STAPLES ATTORNEY AT LAW RECEIVED P. 0. BOX 237 ------ BAR HARBOR, MAINE 04609 SEP 1987 TOWN OF BAR HARBOR CERTIFICATE OF PUBLIC OWNERSHIP September 25, 1987 Re: Harbor Park - West Street, Bar Harbor, Maine I am currently the attorney for the Town of Bar Harbor, County of Hancock, Maine, and having been requested to determine the record ownership for the parcel of property on which the above referenced project will be constructed, to wit, a certain lot or parcel of land situated in the Town of Bar Harbor, Hancock County, Maine, northerly of West Street and being that certain parcel of land conveyed to the Town of Bar Harbor by Frenchmans Bay Boating Company by deed dated May 18, 1987 and recorded in Book 1636, Page 238 of the Hancock County, Maine, Registry of Deeds, and also that certain parcel of of land conveyed to the Town of Bar Harbor by deed of the Maine Centra1 Railroad, dated December 7, 1934 and recorded in Book 647, Page 83 of said Registry of Deeds. Excepting, however, that part of the above described property conveyed by the Town of Bar Harbor to Frenchmans Bay Boating Company, dated May 18, 1987 and recorded in Book 1636 Page 240 of said Registry of Deeds. After thoroughly examining the Public Records or other appropri- ate records, in accordance with the Standards of the Maine State Bar Association, I hereby certify that marketable title to the property described above is held by the Town of Bar Harbor, subject to the provisions of a certain Lease Agreement by and between the Town of Bar Harbor and Frenchman Bay Boating Company, dated August 4, 1987 whereby the Town of Bar Harbor leased the right to install two underground fuel storage tanks upon the above described preoperty. Bernard C. Staples ---------- MACHIAS I -A MACHIAS Machias Riverfront Park South Side Shorepath $24,000 Project Description The Machias Riverfront Park encompasses land on both side s of the Machias River and the scenic Bad Little Falls. In 1980 and 1982, the Town used Coastal Planning funds to develop -the Mach-ias River Waterfront Plan and the design and engineering pl ans necessary to begin Park construction. The Town has now successfully completed Phases I and II of the Park development plan using Waterfront Action Grant funds. The results have transformed an unattractive area of old bridge abutments and decaying mill foundations into an inviting series of observation decks overlooking Bad Little Falls with a footbridge that provides access to the existing picnic/park area on the south side of the River. The Park has become a centerpi-ece fbr@downtown Machias which is undergoing total. revitalization with a Community Development Block Grant. The current proposal will implement Phase IV of the Park development plan by creating a ' walking/jogging path along the south side of the river on top of the sewer easement from the picnic area to the base of a Town road. This path will complete a loop from the downtown area through the Park to the neighborhood on the south side of the River. ,q,@gp e The Town proposes to: 1) construct a pathway along the sewer easement from the picnic area to the bottom of Lincoln Street on the south side of the River; 2) place benches along the pathway; 3) install swings and playground equipment in the park area by the Falls; 4) install childproof fencing around critical areas of the Park such as the observation decks and around areas of picnic/park area on the south side; and 5) selectively thin areas around the Falls and along the south side pathway and plant wildflowers in several locations. :7 Eligibility The project meets the eligibility requirements of Section 306A (b)(3). Budget COASTAL LOCAL FUNDS MATCH TOTAL Southside Footpath Steps 1,600 Boo 2,400 Planting Areas 2,000 1,000 3,000 Walkway Agregate, & RR Ties 3,100 1,500 4,600 Fencing 1300 lf X 19.08 17,300 7,500 24,800 Bike Rack 200 200 Benches 400 400 Trash receptacles 100 100 Signage 500 Soo Engineers 2,000 2,000 Administration -2,000 2,000 TOTAL $24,000 $16,000 $40,000 MACHIAS Site Location Maps and Project Design 0 Chy SO cf Uxa+@vi K 0 x SA ;K.li 41 C. 7 7 2 Continut, an MaP Jb "'::@ - 1" ik N 00@ -A D -V /VL nA %AMA; L 7' _:s Al it % Mtn 191 % Hill 4__ Mario 86 P.-,,d if -V n T_ 191 Ilk, M '-A 192 Mtn Andy ifC IL J. No fi d Mtn t 41 C-d Ix Hill, Su E \\A '41 _Y Ir g-F, L '19 In 192 % H 'Jacksonva e _kd V_ 406 L. J A Z@ L , e, U7 L Y E East Macbias k -P _ fNk e Hi ars -P en 191 ;d,, Dog T- C*tIonUil Hill M@IneyQe 0 0 C"Tq, I MaCLh- etx. W-di,iff Mtn L.-h P 204 Hill A@lr 'bay 91 Holmes ,.A IF v.11, S etchiasporl Ridge @C. P.-Pine ,v U." O'B' i- dg,, i.; 4 F? L A 7:@ B;@ F4 FW. Nor KeTin R..M I r Salt Ridge nes@q W. nd IV Bek. A, milt. A jlk@ A Island mu B-ui@ 72 Mt. Et' p @Ik 00kn 1I illutb 19 2 PUMPKIN RIDGE 3L PROJECT LOC,.T 10%' U0010 S. 4 1A 9z MAC AS M A C H I A S 'c' '3 i MIL &Z -nt --Washington, Gou y :A'S REGIOti- "P COMMiS.-Slo W.J11"e.4. W, VAOA ji@ W- RAE,@ @R, 1 0 Off air"77 .............. REVITALIZING MAC H 1AS'D OW N T OW N "'I Firs 0.44;@ I)CI oil 10 A 0 Ito I to -I- 6 rip 0 0 @3 0 _n D r LJ -7 41 5 53 Zf 0 ri L4 oto.. % SIMI ticifs 0 A, R V AA It SCII(soliff .fi A 0 tA 111111 Cliffs 0 '"';Ib inf(S :f WATERFaoNr 4CCESS 111111 Tiffs 10, "1 "1", SCALE 18 FEET ;k, DEVELOPMENr !0 -EC7: WE, - Eli, P/4,1 S YEAR 2 'y EAR 1 J This map shows the relationship of ACQUIRE PROPERTY FOli PARKING SET UP R(VOLVING LOAN runu the access development project to DEVELOP COLONIAL PARKING CONTROL EROSION the Town's Community Development A[PLACE OLD SIDEWALKS I)MLOP WATERHIONT PARKING Block Grant Project. CONSINUCI NEW S 11) f IV A 1, K S CONSIRUCT HAY SCALE SQUARE -ii*fl(PAIH HIGHWAYS OKN IOURIST CIHMI @@'CLEAX UP OVIRHEAD WHIM. PtAHT SIRECT TIMS S, 1XIIAND HISTORIC lAVfnH SHE ;:@@!'PLAN A(-US( Or 010 POST Ofl'ICI Bull D COMM01 CHIEN WA(X 11111AR1111AH HOUSING .1 q 3@1 J Raul-, At" 'o ------------- lo AP - CC,%ETASUr cin k "LM 4, - CAL :let 4j zi, 4 14 yd-=MAR, @Af -V > ig a a rA .?a L@ A 0 1, Y r!,-r 171 IJ Z.: Z L.: 7'7:. STrNt!T bF k( @1 F 4 ;Af Y WNI 70 0 5-T- I D C ,0'.- Clow WATERFRONT ACCESS DEVELOPMENT P L.@'. N Cot',.Ipleted Phase 1: Construct overlook access acrcss Ompleted Phase 2: Construct footbridge. Feasible- Phase 3: Develop walkway along North S d E o r Downtown Parking Lot. Current Phase 4: Develop South. Side- Foot Plication -Oa th., 7A ft -Z ;.1 T. 5- IM I MACHIAS Environmental Review A. Categorical Exclusion Checklist CATEGORICAL EXCLUSION CHECKLIS1 TOTAL COST OF PROjECT: $36,000.00 y Preservation or Restoration Federal: 24,000.00 y Redevelopment of Urban* Waterfronts State: and Ports Local: Public Access DESCRIPTION OF PROJECT: Attach description of project to include silt4nq information (area to be impacted), project design, materials to be used.. INSTRUCTIONS: For the above action(s) under the subject project or grou-p of homogeneous. projects, check the appropriate answer to each of the questions below. If all of the answers on this checklist are checked "No' or "',icne," then the action(s) meet the criteria for Categorical Exclusion and no enyircn- mental assessment (EA) will be required. if any answer is ch 'ecked 'Yes" or 'Significant," then an EA may be required unless: 1) additional is provided stating why the applicant believes an EA is not required, cr 2) there is no doubt that an environmental impact statement (EIS) is requ--red- If the applicant believes an EIS is required, they should first cont2cZ or,:@14 t to further discuss the matter. Items checked as "Uncertain' or "M,:Jno---- May qualify as a Cateaorical Exclusion if additional information (e.a. actions) are provi7ded in the project description, or may require 2n EA. 0 C? reserves the right to require additional environmental information In c-;@ses where project impacts are not clearly described 'in the applicaticn cr probable impacts require an EA or EIS. A. Evaluation of criteria for Categorical Exclusion: 1. This action or group of actions t4o X Uncer-r.?@n would have a significant effect on the quality of the human environ- ment 2. This action or group of. actions N 0 X uncerta:- .-S ,.eould @nvolve unresolved con- fliets concerning alternative uses of availpble resources. B. Evaluation of exceptions to actions within Categorical Exclusion: 1. This action would have signifi- No X uncertE@n s cant adverse effects on public health or safety. X s 2. This action will have highly No uncerz-A.,.n controversial enyironmental effects. 3. This action wil-I have highly un- No X Uncertan certain environmental. effects or n w involve unique or unk' o 'n en@i ron- Janipact. mental 5 7 Q, -g I . .... @:,k Z KP 5- 6 3 - - 4. The specific impact of the project on the following resources- a) beaches and dunes None Minor Significant b) wetlands* None x Minor Significant c) estuarine areas None x Minor Significant d) wildlife habitat None x Minor Significant e) barrier islands None X Ki nor. Significant f ) wild or scenic river None x Minor Significant g) reefs None X Minor Significant None X Minor species i) floodplains None X Minor Significant j) other unique resources None x Minor Significant 5. This action is related to other No Uncertain Yes actions with individually insig- nificant but cumulatively signifi- cant effects. 6. This action will affect properties No X Uncertain Yes listed in the National Register of Historic Places or otherwise pro- tected by section 106 of the National Historic Preservation Act or a similar State Preservation Act. include SHPO clearance. 7. Condemnation is required for the No x Un c e rt a in purchase of property (attach list of names and addresses of property owners if possible). 8. The project is located on undevel- No x Uncertain YeS oped coastal barriers designated pursuant, to the Coastal Barrier Resources Act. 9. The project is located in a No X Uncertain YES a designated floodway or zone on a NFIP Floodway Map. 10. This action is inconsistent with No X Uncertain Yes Federal , State (both CZM and other), local or tribal law or requirements imposed for pro- tection of the enviroment. If a U.S. Army Corps of Engineers permit has been obtained, please attach a copy of the permit and a copy of their environmental assessment if one was prepared. Please list Permits required and their status. If permits have been obtained, please attach to the application. -68- MACHIAS Environmental Review B. Federal -Executive Orders 11988 and 11990 See attached public notices and articles published in the local newspaper in compliance with the required public review process'. You will note that the entire park development plan was reviewed at one time although the project described here represents Phase IV of the plan. TOWN OF MACHIAS ae TOWN OFFICE 70 COURT STREET - P. 0. BOX 418 MACHIAS, MAINE 04654 September 18, 1987 COMPLIANCE WITH FEDERAL EXECUTIVE ORDERS 11988 and 11990 This portion of the Machias River Waterfront Project is not within a flood plain or wetland. The site is included in a "Zone A" on the 1976 interim f lood hazard boundary map only because the map is of such a small scale that areas of this size can not be indicated. The flood insurance rate maps will not include this site in a designated zone. The project site is at elevations of 26 feet to 24.4 feet. F.E.M.A. recommends that new construction in the flood plain be at or above 14.7 feet. All work on this portion of the project will be from 11.3 to 19.7 feet above the F.E.M.A. recommended elevation. The current project does not require a wetlands permit. The Maine Department of Enviornmental Protection has determined that the footbridte (Phase II) will not require a wetlands permit. However, some portions of P-hase-III will require a permit. We therefore initiated last year, the eight-step executive order compliance procedure for all 4 phases of the project: Phase I Overlook Access and Overlook Phase II Bad Little Falls Footbridge Phase III Northside shorepath Phase IV Southside shorepath Newsclippings attached. Telephorm: 255-6621, 255-8683 -71-. (Revised)' 7@7 WEDNESDAY NOVEMBER 19,1986 TOWN OF MACHIAS PUBLIC NOTICE BAD LITTLE FALLS PARK ACCESS The Selectmen of the Town of Machias will meet on December 2, 1986 at 7 p.m.in the Town Office located at 70 Court Street, Machias. A footbridge will be constructed across the Machias River on the existing abutments at the foot of Elm Street and directly across the river from the first abutment. riverside footpath will be developed along the southside and the North side of the river, providing access across the old mill Omitted by newspaper, foundations. Because the see attached newsclipping footbridge will be constructed at the former site of bridge locally known as "The Old Iron Bridge", the project will be located within a coastal wetland and floodplain area. The project will be constructed in such a way to mitigate environmental impacts. Interested parties are invited to submit comments to Linda S. Pagels, Director, Community Development Department, P.O. Box 418, Machias, Maine 04654. For additional information, contact Linda S. Pagels by calling (207) 255-4649. TOWN OF MACHIAS. ME -72- THE MACHIAS VALLEY NEWS OBSERVER, MACHIAS, MAINE PAGE SIXTEEN LEGAL NOTICES- WEDNESDAY NOVEMBER 26,1986 TOWN OF MACHIAS PUBLIC NOTICE BAD LITTLE FALLS PARK ACCESS The Selectmen of the Town of Machias will meet on December 2, 1986 at 7 p.m. in the Town Office locatod at 70 Court Street, Machias. A footbridge will be constructed across the Machias River on the existing abutments at the .foot of Elm Street and directly across the river from the first abutment. A riverside footpath will be developed along the southside and the North side of the river, providing access omitted by newspaper across the old mill foundations. see attached newsclipping Because the footbridge will be constructed at the former site of bridge locally known as The.Old Iron Bridge", the project Will be located within a coastal wetland and floodplain area. The project will be constructed in Such awa to mitigate environmental impacts. Interested parties are invited to Submit comments to Linda S. Pagels, Director, Community Development Department, P.O. Box 418, Machias, Maine 04654. For additional information, contact Linda S. Pagels by calling (207) 255-4649. (10) -73- Bangor Daily News, Tuesday. November 18, 1988 Selectmen to discuss Bad Little Falls project By Herb Cleaves fied that Machias would receive Dom East Bureau $20,000 from the grant program to apply to its Waterfront Improve- MACHIAS- The Bad Little Falls ment Project. town planners ap- Access Project, a four-phase pro- plied for $50,000, the maximum gram designed to make the Machias amount of money provided under the tidal basis accessible to residents grant program. The Maine Coastal and tourists, will be discussed by the Program is supported by the U.S. Board of Selectmen at 7 p.m. Tues- Department of Commerce, Office of day, Dec. 2, at the town office. Ocean and Coastal Resource Linda S. Pagels, director of com- Management. munity development, said Monday Pagels said that if a new grant that plans were being made to con- proposal were approved by the struct and "overlook access" at the Maine Coastal Program, money site of the former Grain Mill, a land- would be made available to start mark that was razed in the early Phase II of the waterfront project, pproved by 1970's. The overlook, an area restrict- construction of a footbridge over the ed to pedestrain traffic, would be foot of Bad Little Falls. That propos- built with money from a $20,000 al will be delivered to the State Plan- grant the town expects to receive ning Office before Dec. 6, she said. from the Maine Coastal Program. In July, town officials were noti- See SELECTMEN on Page 8 Selectmen to discuss Bad Little Falls project from page I In a background report, Pagels clude the scattered planting of wild around the perimeters 'of the If the application for an added said local efforts to improve the Ma- flowers along the footpath and project.- $50,000 were approved, planners chias waterfront began in 1979 with around O'Brien Cemetery. The hill. would attempt to evelop, visual ac- the formation of a waterfront Rede- side on the southwest corner of the People ho are interested in the cess to the waterfront from Main velopment Committee. The commit. cemete should submit comments to ry would be teffaced with Linda S. Pagels, director, Depart- Street by acquiring and demolishing tee recognized the value of the Bad railroad ties and planted with certain structures. An optimal plan Ill. Falls area, noting that much of flowers. A flower garden would be ment Of Community Development, ox 418 Machias 04654, or call 255- would be to build a boardwalk from it was no longer accessible because developed in the area at the base of 4649. the north end of the overlook to the of the deterioration of accessways. the hill off Lincoln Street. Ma in Street area in the business After a $830,000 Community Devel- Also, benches would be placed at district. opment Block Grant was awarded in convenient resting places as well as Phase III of the project would be 1965 to improve the business district, at scenic areas along the footpath, the development of a walkway and some planners turned their attention the islands end a placement of benches along the gain to the waterfront, she said. the river. Picnic tables would be IV would focus on a footpath on the Harris Hyrnan, an engineer and placed in Bad Little Falls Park and surveyor for Design Works, a local along the Greenbelt Park. Child- south side of the basin. planning group, described how the proof fences would be placed in ap- "The top priority of the entire pro. waterfront project might be carried propriate areas. ram would be to provide public ac- out.Th footpath system would start cess to the waterfront," Pagels said. at BadeLittle Falls Park and follow Pagels said Phase I would address The community development di- the embankment of the sewer line the safety hazards created by the rector said that had the original ap- along thesouth side of the tidal basin abandoned mill foundations by turn- plication for $50,000 been antrinted, to a point at the base of a hill off Ing the area into an overlook park, work might have begun immediately Lincoln Street. There, it would end in on the footbridge and the footpath on a circle. "The actual construction plan- the north side of the basin. will consist of repairing one retain- ti "We questioned whether construe- At the falls, the footpath would in wall and removing debris from a on of a footbridge without ap- tend across the new footbridge to the g ly adjacent to the foundations," proacbes would have provided safe Wands in the Machias River. Access she said. "Earth areas atop the foun passage in the area," she said. .,By would be provided between the old dations will be graded, some con-' building an overlook with access to Elm Street bridge abuttment and crate surfaces will be repaired and boardwalks to Bridge Street (Route the highway bridge, we will be pro. 1) and the Greenbelt Park on the others areas will be decked over with viding a safe t for people to come pressure-treated lumber. Steps will and get a goodlook at the am that north side of the Machias River. constructed to link the various eventually will be developed." Other improvements would in- levels. Fencing will be installed -73- MACHIAS Federal and State Permits/Federal Consistency a. No permits are required for the proposed development. b. The project is consistent with Maine's Coastal Program. ti 77 MACHIAS Proof of Ownership CERTIFICATE OF PUBLIC OWNERSHIP October 7, 1987 Re: Project name specifically referenced to South Side Shorepath grant package submitted to OCRM on 9/9/87. I am currently the attorney for the Town of Machias, Maine and have been requested by Linda S. Pagels, Community Development Director, to determine record ownership for the parcel of property on which the above referenced project will be constructed, Map 12, Lot 15. After thoroughly examining the public land records or other appropriate records in accordance with State of Maine law, I hereby certify that marketable title to the property described above is held by the Town of Machias. Additional Comments: The above property is subject to easements in favor of New England Telephone and Telegraph Company and Bangor Hydro-Electric Company. The premises are more particularly described in a deed from John Worcester to the Inhabitants of the Town of Machias, dated October 30, 1973 and recorded in the Washington County Registry of Deeds in Book 816, Page 218. This title opinion assumes that the property described in the aforesaid deed is the same as that described by Map 12, Lot 15 on the town tax maps. A survey is the only way to confirm this assumption. J Joh v. Romei oh Joom V. ROMM ATToFeicy ^-r L^w - P. o. Box 476 MAA I- --lao4aft ....... ... NOAA COASTAL S RVICES CTR LIBRARY 3 6668 "41,10'160