See the email at the end where Slocum and Marshall continue to with hold- telling me they have to dig for the stormwater ordinance (it was on line liar) and then Wayne sends me a slew of everything but.
MAINE CONSTITUTION VIOLATIONS BY THE HUNDRED BY THE ABOVE
ARTICLE I.
Declaration of Rights.
Section 1. Natural rights. All
people are born equally free and independent, and have certain natural,
inherent and unalienable rights, among which are those of enjoying and
defending life and liberty, acquiring, possessing and protecting
property, and of pursuing and obtaining safety and happiness.
Section 2. Power inherent in people. All
power is inherent in the people; all free governments are founded in
their authority and instituted for their benefit; they have therefore an
unalienable and indefeasible right to institute government, and to
alter, reform, or totally change the same, when their safety and
happiness require it.
They tried to hide the map showing the stream/ditch what ever it was in
1965 was moved negates natural outlet as used to force it to us (see
local ordinance below) and continue to create mythical findings. Even
their mythical findings can't hold water to the devastation to Seaview
Terrace and my private property per Title 38 below by NOT taking
measures for stabilization. More violations below,
Maine Revised Statutes Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL
§420-C. Erosion and sedimentation control
A
person who conducts, or causes to be conducted, an activity that
involves filling, displacing or exposing soil or other earthen materials
shall take measures to prevent unreasonable erosion of soil or sediment
beyond the project site or into a protected natural resource as defined
in section 480-B. Erosion control measures must be in place before the
activity begins. Measures must remain in place and functional until the
site is permanently stabilized. Adequate and timely temporary and
permanent stabilization measures must be taken and the site must be
maintained to prevent unreasonable erosion and sedimentation. [1997, c.
502, §1 (AMD).]
A
person who owns property that is subject to erosion because of a human
activity before July 1, 1997 involving filling, displacing or exposing
soil or other earthen materials shall take measures in accordance with
the dates established under this paragraph to prevent unreasonable
erosion of soil or sediment into a protected natural resource as defined
in section 480-B, subsection 8. Adequate and timely temporary and
permanent stabilization measures must be taken and maintained on that
site to prevent unreasonable erosion and sedimentation. This paragraph
applies on and after July 1, 2005 to property that is located in the
watershed of a body of water most at risk as identified in the
department's storm water rules adopted pursuant to section 420-D and
that is subject to erosion of soil or sediment into a protected natural
resource as defined in section 480-B, subsection 8. This paragraph
applies on and after July 1, 2010 to other property that is subject to
erosion of soil or sediment into a protected natural resource as defined
in section 480-B, subsection 8. [1997, c. 748, §1 (NEW).]
This
section applies to a project or any portion of a project located within
an organized area of this State. This section does not apply to
agricultural fields. Forest management activities, including associated
road construction or maintenance, conducted in accordance with
applicable standards of the Maine Land Use Regulation Commission, are
deemed to comply with this section. This section may not be construed to
limit a municipality's authority under home rule to adopt ordinances
containing stricter standards than those contained in this section.
[1995, c. 704, Pt. B, §2 (NEW); 1995, c. 704, Pt. C, §2 (AFF).]
SECTION HISTORY
1995, c. 704, §B2 (NEW). 1995, c. 704, §C2 (AFF). 1997, c. 502, §1 (AMD). 1997, c. 748, §1 (AMD).
Local ordinance violation- not natural outlet and not in regulation with DEP also corrupt in this investigation.
Stormwater
and all other unpolluted drainage may be discharged to such sewers as
are specifically designated as storm sewers, or to a natural outlet
approved by the city. Industrial cooling water or unpolluted process
waters may be discharged, on approval of the city, to a storm sewer or
natural outlet, if in accordance with regulations of the state
department of environmental protection.
(Ord. No. 45-1999, § 600.2, 2-1-2000)
City Officials precluded from work on private property- Violated proven work done on 23 Seaview Terrace in 2009 Allowing accumulating storm water from another to my private property. ILLEGAL.
City Officials precluded from work on private property- Violated proven work done on 23 Seaview Terrace in 2009 Allowing accumulating storm water from another to my private property. ILLEGAL.
New Site Construction to drain storm water on site (Annex WCGH 2012- not- Planning approved to drain run off to stream onto MidCoast Mental Health property. Lie. They have it draining into my property- and refuse to investigate. Clear to see. 30 days of appeal long gone. That window closes months before site construction even begins.
Violation of site plan compliance for CASS on state ordered impact study to the watershed resident. Fees collected, where is study? This was a state law at time of ordering- violation of state law.
Violation of site plans by illegally draining runoff from CASS via bypassing the million dollar sewer improvements at Miller St and instead sending it to the residents private property. Multitude of violations- with holding public documents (MFOIA useless) ,DEP corruption, site conditions, code violations, etc.
Violations of site conditions and code enforcement by allowing CASS, Annex and unknown other sites to stock pile snow to melt to us. They are mandated to remove plowed snow offsite. Confirmed and complaints taken by the Belfast Police Dept. Zoning Code Todd Rosenberg not citing reported violations, with holding public documents of site conditions that the Chief of Police confirmed are being violated because he was able to view the documents held by City Hall Planning...
Deny
residents request to include Seaview Terrace into Northport Ave TIF
that will open up grants and funding to build sewers instead of
corruptly using private property for developed runoff for 35 years and
counting. City Hall looking to take this TIF for their wants, visions,
greed and enormous dangerous ego's.
This dip stick into the cesspool is barely penetrating the scuzzy surface.
From: laurieallen55@msn.com
To: managersupport@cityofbelfast.org; ward1councilor@cityofbelfast.org; ward2councilor@cityofbelfast.org; ward3councilor@cityofbelfast.org; ward4councilor@cityofbelfast.org; ward5councilor@cityofbelfast.org; mayor@cityofbelfast.org
Subject: Legal Advise for Mr Hand, Ordinance Lies
Date: Wed, 16 May 2012 09:31:50 -0400
To City Manager, Council and Mayor,
At the 5/15/2012 City Council Meeting, Joe Slocum, City Manager advised that he is seeking legal advise for Mr. Hand in actions against me. However, Mr. Slocum refused to advise me. and also refused to provide the very simple storm water ordinance that I have requested for over a year. It miraculously appeared on the City's Website after Wayne Marshall sent a slew of words that did not pertain and were clearly an effort to confuse me and to try once again to make this a legal battle using our tax dollars. That email and the ordinance I found that proves the City is illegally sending City storm water to Seaview Terrace private property. This is so foul, we deserve better of our officials and not have a "Bully Reality Show" to be aired at public meetings. Council, please advise if you have any intentions of resolving this matter. You have the authority to make this right.
_________________________________________________________________________
Marina Delune,
Last night at the MFOIC meeting at the Belfast Free Library, I learned that you must answer my questions in regard to local ordinance vs State Law.
Your response will dictate direction of District Attorney assistance.
1. Does the City of Belfast site construction storm water draining ordinance over ride Maine State law for site construction storm water draining?
2. Does the City of Belfast ordinance for resident storm water draining by accumulating and draining to another, enhanced by the City of Belfast on 10/1/09 with heavy equipment on private property, over ride Maine State Law stating it is illegal to accumulate/puddle storm water and send to another?
3. Please provide the City of Belfast ordinances for all storm water rules.
4. Does the City of Belfast noise level ordinance provided to me at 75 dBA over ride Maine State law of 60dBA and below?
Previous responses of not knowing anything about storm water or unable to request records are unacceptable. I am requesting for this information to be reviewed and deemed acceptable by you before forwarding to me.
Please provide a reasonable time frame that I can expect these answers before I am forced to appear before the Council for such.
Please respond on your ward 1 email, not your personal email address.
Sincerely,
Laurie Allen _______________________________________________________________________________
From: Joseph Slocum <citymanager@cityofbelfast.org>
Date: Wed, Feb 1, 2012 at 2:51 PM
Subject: City Staff will respond to information requests
To: Jennika Lundy <jlundy@cityofbelfast.org>
____________________________________________________________________________
From: laurieallen55@msn.com
To: managersupport@cityofbelfast.org; ward1councilor@cityofbelfast.org; ward2councilor@cityofbelfast.org; ward3councilor@cityofbelfast.org; ward4councilor@cityofbelfast.org; ward5councilor@cityofbelfast.org; mayor@cityofbelfast.org
Subject: Legal Advise for Mr Hand, Ordinance Lies
Date: Wed, 16 May 2012 09:31:50 -0400
To City Manager, Council and Mayor,
At the 5/15/2012 City Council Meeting, Joe Slocum, City Manager advised that he is seeking legal advise for Mr. Hand in actions against me. However, Mr. Slocum refused to advise me. and also refused to provide the very simple storm water ordinance that I have requested for over a year. It miraculously appeared on the City's Website after Wayne Marshall sent a slew of words that did not pertain and were clearly an effort to confuse me and to try once again to make this a legal battle using our tax dollars. That email and the ordinance I found that proves the City is illegally sending City storm water to Seaview Terrace private property. This is so foul, we deserve better of our officials and not have a "Bully Reality Show" to be aired at public meetings. Council, please advise if you have any intentions of resolving this matter. You have the authority to make this right.
_________________________________________________________________________
From:
LAURIE
ALLEN
Sent:
Wednesday, January 25, 2012 8:48 AM
Subject:
Stormwater/Noise Ordinance vs State Law
Last night at the MFOIC meeting at the Belfast Free Library, I learned that you must answer my questions in regard to local ordinance vs State Law.
Your response will dictate direction of District Attorney assistance.
1. Does the City of Belfast site construction storm water draining ordinance over ride Maine State law for site construction storm water draining?
2. Does the City of Belfast ordinance for resident storm water draining by accumulating and draining to another, enhanced by the City of Belfast on 10/1/09 with heavy equipment on private property, over ride Maine State Law stating it is illegal to accumulate/puddle storm water and send to another?
3. Please provide the City of Belfast ordinances for all storm water rules.
4. Does the City of Belfast noise level ordinance provided to me at 75 dBA over ride Maine State law of 60dBA and below?
Previous responses of not knowing anything about storm water or unable to request records are unacceptable. I am requesting for this information to be reviewed and deemed acceptable by you before forwarding to me.
Please provide a reasonable time frame that I can expect these answers before I am forced to appear before the Council for such.
Please respond on your ward 1 email, not your personal email address.
Sincerely,
Laurie Allen _______________________________________________________________________________
From: Joseph Slocum <citymanager@cityofbelfast.org>
Date: Wed, Feb 1, 2012 at 2:51 PM
Subject: City Staff will respond to information requests
To: Jennika Lundy <jlundy@cityofbelfast.org>
Dear Ms. Allen,
Recently you sent Council Member Marina DeLune asking for a
variety of information. This email has been referred to this office. These
types of inquiries really should be sent to the City Manager as I have the full
time responsibility for all City activity. Council Members do not direct
Department Heads or their offices. That is the responsibility for the City Managers
Office and the Council oversees the Manager’s office. I ask all Council members
to send in all requests for information to this office so that we can manage
the response. If this office acts improperly then our conduct can be reviewed
by the Council.
We will make a real effort to do our best to respond to you
in a timely and accurate manner. To do this we are having your requests go
through this office and the City Attorney is helping us make sure that our
responses to you are legal and proper.
In reviewing your email I want to let you know that the City
does not provide legal advice to private citizens as that would be a conflict.
It appears that your questions are best addressed to a private attorney
who practices municipal law. If your attorney feels that we are not acting
properly they may correspond with the City Attorney, William Kelly Esq.. Mr. Kelly will respond to your attorney as
interpretation of local Ordinances and State law can be complicated and driven
by case law.
With respect to Noise Ordinance, I am attaching the standard
in the Ordinance. However on the storm drain rules Wayne Marshall, City Planner
will need to go through the various sections of the Zoning Ordinance as not
ever rule or provision is in the same place. He will have that for you later
this week. If you have a specific question about how something applies you can
refer your question directly to Wayne.
--
Joseph J. Slocum
Belfast City Manager
f) 207.338.2419
____________________________________________________________________________
I am writing this section to inform you the reader.
Joe Slocum and Wayne Marshall also refused to provide the very simple storm water ordinance that I
have requested for over a year. It miraculously appeared on the City's
Website after Wayne Marshall sent a slew of words that did not pertain
and were clearly an effort to confuse me and to try once again to make
this a legal battle using our tax dollars. That email and the ordinance I
found that proves the City is illegally sending City storm water to
Seaview Terrace private property.
(Ord. No. 45-1999, § 600.2, 2-1-2000)Except as provided in this article, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
Being dishonest and unethical again, Wayne Marshall gave me this ordinance?? instead, and to meet with him privately...not.
Miraculous appearance of simple, no attorney interpretation needed storm water ordinance-
Stormwater and all other unpolluted drainage may be discharged to such sewers as are specifically designated as storm
sewers, or to a natural outlet approved by the city. Industrial cooling
water or unpolluted process waters may be discharged, on approval of
the city, to a storm sewer or natural outlet, if in accordance with regulations of the state department of environmental protection.
(Ord. No. 45-1999, § 600.2, 2-1-2000)Except as provided in this article, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(11)
Any stormwater, roof drainage, spring water,
cistern or tank overflow, footing drainage, or discharge from any
vehicle wash rack or water motor, or the contents of any privy vault,
septic tank or cesspool, or the discharge of effluent from any air
conditioning machine or refrigeration unit.
Being dishonest and unethical again, Wayne Marshall gave me this ordinance?? instead, and to meet with him privately...not.
_________________________________________________________________________
Dear Ms. Allen:
Your email of April 18 to Jennika Lundy was referred to me and I was requested to respond.
You requested information from the City Code of Ordinances regarding stormwater management regulations. I believe the information I provided to Ms. Lundy which she emailed to you on April 3rd is very comprehensive and specific and that it fully responds to your request for information. I have included this same information below. You can access all of the following information on the City website, cityofbelfast.org, Information can be found under the heading City Government. You should click on the tab labeled, City Ordinances. The table of contents and the accompanying drop down menu included on the left side of the municipal code website can be used to reference each of the citations I provided. For example, the first citation; Chapter 102, Zoning, Article IX, Division 2, Section 102-1123 and 1124, includes the specific Ordinance citations in the Environmental Standards that address applicable regulations for stormwater and sedimentation and erosion.
Information from April 3rd Email:
Chapter 102, Zoning, Article IX, Performance Standards, Division 2, Environmental Standards, Section 102-1123 and 1124 --- Note: These standards apply to all residential uses in Belfast and non-residential uses that are not located in one of the zoning districts identified below. These standards were first adopted in the mid-1980's and there have been few changes since their adoption.
Chapter 102 Zoning, Article IX, Performance Standards, Division 3, Nonresidential Performance Standards for the Rte 3 Commercial Zoning District, reference Section 102-1197. Division 4, Nonresidential Performance Standards for the Route 1 South Commercial, Searsport Avenue Commercial, Searsport Avenue Waterfront, Route 141 and Mill Lane Commercial and Route 137 Commercial zoning districts; reference Section 102-1260. (Note - Standard is essentially identical to the Rte 3 standard). Lastly, Division 5, Nonresidential Performance Standards for the Office Park zoning district; reference section 102-1315. (Note - This standard also is essentially identical to the Rte 3 standard). I note that these nonresidential performance standards ONLY apply to nonresidential uses in the above listed zoning districts. All of the above standards were adopted in 2001, when the above zoning districts replaced the Highway Commercial zoning districts.
Chapter 98, Technical Standards, Article III, Street Design Standards, Section 98-88, Stormwater Collection. Article IV, Street Construction Specifications, particularly sections 98-127, curbing and 98-128, Culverts. Article VI., Water Quality, nearly all sections. The Technical Standards were first adopted in November 1998, and are used to implement Chapter 90, Site Plan Ordinance, the City Subdivision Ordinance, and the Zoning Ordinance. While the parking standards section has been overhauled, few changes have been made to other sections of the Technical Standards Ordinance (Chapter 98) since its adoption.
Chapter 90, Site Plan. This Ordinance applies only to projects which require a Site Plan permit. Few individual residences will require a site plan, however, a housing project would require review as a Site Plan. Refer to Chapter 90, Site Plans, Article II, Review Criteria and Procedures, Section 90-41, CE) review, paragraph 16, Stormwater, and Section 90-42 Planning Board Review, paragraph 16, Stormwater. Also, Refer to Article III, Preliminary Plan, Section 90-72, Required Information, Paragraph 14, Drainage/erosion, and paragraph 15, Utilities. Article IV, Final Plan, Section 90-102, Required Information, which requires final engineering for information presented in the preliminary plan noted above.
Subdivision Ordinance. Chapter 1, Section VII- Review Criteria, paragraph 14, Stormwater. Chapter Three, Street and Storm Drainage Construction Standards. I note that the standards in Chapter Three largely have been supplanted by the Chapter 98, Technical Standard.
Chapter 82, Shoreland. I first note that these standards only apply to property located within the Shoreland zone as such is depicted on the City of Belfast Shoreland Map. Reference Article V, Land Use Standards, Division 9, Stormwater Control.
I believe the above citations identify most if not all City standards that apply to stormwater management concerns. I specifically note that many of the standards apply to specific areas (e.g. Shoreland, Rte 3 Commercial) or specific types of development (e.g. Site Plan and Subdivision). Let me know if any questions.
You also asked if the information I identified is current. I will affirm that there have been no changes to the City Code of Ordinances that would affect any of the above referenced Ordinances regarding stormwater within the last 15+ months; post January 1, 2011. Further, I will affirm that there have been no changes to City Ordinances regarding stormwater that would apply to your property for a period of no less than 5 years.
If you would like assistance in reviewing the City Code of Ordinances to identify any of the above citations I am available to offer that assistance.
On behalf of the City of Belfast,
--
Wayne Marshall
City Planner
Dear Ms. Allen:
Your email of April 18 to Jennika Lundy was referred to me and I was requested to respond.
You requested information from the City Code of Ordinances regarding stormwater management regulations. I believe the information I provided to Ms. Lundy which she emailed to you on April 3rd is very comprehensive and specific and that it fully responds to your request for information. I have included this same information below. You can access all of the following information on the City website, cityofbelfast.org, Information can be found under the heading City Government. You should click on the tab labeled, City Ordinances. The table of contents and the accompanying drop down menu included on the left side of the municipal code website can be used to reference each of the citations I provided. For example, the first citation; Chapter 102, Zoning, Article IX, Division 2, Section 102-1123 and 1124, includes the specific Ordinance citations in the Environmental Standards that address applicable regulations for stormwater and sedimentation and erosion.
Information from April 3rd Email:
Chapter 102, Zoning, Article IX, Performance Standards, Division 2, Environmental Standards, Section 102-1123 and 1124 --- Note: These standards apply to all residential uses in Belfast and non-residential uses that are not located in one of the zoning districts identified below. These standards were first adopted in the mid-1980's and there have been few changes since their adoption.
Chapter 102 Zoning, Article IX, Performance Standards, Division 3, Nonresidential Performance Standards for the Rte 3 Commercial Zoning District, reference Section 102-1197. Division 4, Nonresidential Performance Standards for the Route 1 South Commercial, Searsport Avenue Commercial, Searsport Avenue Waterfront, Route 141 and Mill Lane Commercial and Route 137 Commercial zoning districts; reference Section 102-1260. (Note - Standard is essentially identical to the Rte 3 standard). Lastly, Division 5, Nonresidential Performance Standards for the Office Park zoning district; reference section 102-1315. (Note - This standard also is essentially identical to the Rte 3 standard). I note that these nonresidential performance standards ONLY apply to nonresidential uses in the above listed zoning districts. All of the above standards were adopted in 2001, when the above zoning districts replaced the Highway Commercial zoning districts.
Chapter 98, Technical Standards, Article III, Street Design Standards, Section 98-88, Stormwater Collection. Article IV, Street Construction Specifications, particularly sections 98-127, curbing and 98-128, Culverts. Article VI., Water Quality, nearly all sections. The Technical Standards were first adopted in November 1998, and are used to implement Chapter 90, Site Plan Ordinance, the City Subdivision Ordinance, and the Zoning Ordinance. While the parking standards section has been overhauled, few changes have been made to other sections of the Technical Standards Ordinance (Chapter 98) since its adoption.
Chapter 90, Site Plan. This Ordinance applies only to projects which require a Site Plan permit. Few individual residences will require a site plan, however, a housing project would require review as a Site Plan. Refer to Chapter 90, Site Plans, Article II, Review Criteria and Procedures, Section 90-41, CE) review, paragraph 16, Stormwater, and Section 90-42 Planning Board Review, paragraph 16, Stormwater. Also, Refer to Article III, Preliminary Plan, Section 90-72, Required Information, Paragraph 14, Drainage/erosion, and paragraph 15, Utilities. Article IV, Final Plan, Section 90-102, Required Information, which requires final engineering for information presented in the preliminary plan noted above.
Subdivision Ordinance. Chapter 1, Section VII- Review Criteria, paragraph 14, Stormwater. Chapter Three, Street and Storm Drainage Construction Standards. I note that the standards in Chapter Three largely have been supplanted by the Chapter 98, Technical Standard.
Chapter 82, Shoreland. I first note that these standards only apply to property located within the Shoreland zone as such is depicted on the City of Belfast Shoreland Map. Reference Article V, Land Use Standards, Division 9, Stormwater Control.
I believe the above citations identify most if not all City standards that apply to stormwater management concerns. I specifically note that many of the standards apply to specific areas (e.g. Shoreland, Rte 3 Commercial) or specific types of development (e.g. Site Plan and Subdivision). Let me know if any questions.
You also asked if the information I identified is current. I will affirm that there have been no changes to the City Code of Ordinances that would affect any of the above referenced Ordinances regarding stormwater within the last 15+ months; post January 1, 2011. Further, I will affirm that there have been no changes to City Ordinances regarding stormwater that would apply to your property for a period of no less than 5 years.
If you would like assistance in reviewing the City Code of Ordinances to identify any of the above citations I am available to offer that assistance.
On behalf of the City of Belfast,
--
Wayne Marshall
City Planner
No comments:
Post a Comment