councilor marshall archer councilor alan r. minthorn ... packet.pdf · the capital plan...

Mayor William P. Doyle Councilor Lynn H. Copeland Councilor Marshall Archer Councilor Alan R. Minthorn Councilor Jim Purdy Councilor Jodi L. MacPhail Councilor Joseph Gunn Councilor Nathan D. Johnston

SacoMaine.org | 300 Main Street, Saco, Maine 04072 | (207) 282-4191

SACO CITY COUNCIL MEETING MONDAY, APRIL 27, 2020 – 6:30PM

ONLINE MEETING VIA ZOOM (SEE BELOW FOR MORE INFORMATION)

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I. CALL TO ORDERII. RECOGNITION OF MEMBERS PRESENTIII. PLEDGE OF ALLEGIANCEIV. GENERALV. COMMITTEE CORRESPONDENCE TO COUNCILVI. PUBLIC COMMENTVII. APPROVAL OF MINUTES: April 21, 2020VIII. CONSENT ITEMSIX. ACTION ITEMS

A. Council Resolution for Special Budget Meeting ChangeB. (Public Hearing) Adoption of the Fiscal Year 2021 Municipal Budget P4 C. (Public Hearing) Adoption of the Fiscal Year 2021-2025 Capital Program P5D. Contract Zone Agreement – Ownership Transfer Request P6 E. Hardship Forgiveness for Medical Patient P32

X. NEW BUSINESSA. 90 Temple Street – Chapter 81 Review P33

XI. ADMINISTRATIVE UPDATEXII. COUNCIL DISCUSSION AND COMMENTXIII. EXECUTIVE SESSION:

“Be it Ordered that the City Council enter into executive session, pursuant to[M.R.S.A. Title 1, Chapter 13, Subchapter 1, §405(6)]:(E) Consultation with Attorney on settlement agreement regarding 5 Wiley Road

XIV. REPORT FROM EXECUTIVE SESSIONXV. ADJOURNMENT

INFO ON COUNCIL MEETINGS WHILE CITY HALL IS CLOSED TO THE PUBLIC For up to date information on watching Council meetings and submitting public comments, visit

sacomaine.org/watchmeetings

ELECTED OFFICIALS EMAIL ADDRESSES To reach Saco’s Elected Officials use first letter of first name last name @sacomaine.org.

Ex: [email protected]. See a list of the Elected Officials above. Starting with Mayor Bill Doyle, Councilor Archer, Ward 1, Councilor Purdy, Ward 2, etc.

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https://www.sacomaine.org/departments/communications/watch_meetings.php

mailto:[email protected]

MEETING ITEM COMMENTARY

AGENDA ITEM: Council Resolution for Special Budget Meeting Change

COUNCIL RESOURCE: Councilor Alan Minthorn

STAFF RESOURCE: City Administrator Bryan Kaenrath

BACKGROUND: The City Charter states that the Municipal Budget must be adopted at a Special Council Budget Meeting the second week of May. Due to the COVID-19 pandemic, the Governor has put limits on the number of people who can congregate through May 15, 2020. This resolution will allow an in-person budget meeting to be held at City Hall on Tuesday, May 26, 2020.

RECOMMENDATION: Staff recommends approving the resolution.

SUGGESTED MOTION: “I move for the adoption of the following resolution:"

WHEREAS, each year the City must prepare a City budget as part of its annual Municipal Budget; and

WHEREAS, each year the City must incorporate a proposed School budget into its annual Municipal Budget; and

WHEREAS, the City Charter mandates that the City adopt an annual Municipal Budget composed of the City budget and the School budget (“combined municipal budget;” see Section 6.04 of the City Charter); and

WHEREAS, the Charter obligates the City to “adopt the Municipal Budget at a Special Council Budget Meeting the second week of May;” and

WHEREAS, due to the risks associated with the COVID-19 pandemic, the Governor of the State has issued certain Executive Orders (14 FY 19/20; 19 FY 19/20; 28 FY 19/20) which limit the ability of persons and parties to meet in groups; and

WHEREAS, these Orders are to remain in effect to May 15, 2020; and

WHEREAS, the Legislature has enacted Emergency Legislation (LD #2167) which was intended to provide certain forms of relief and certain governing rules and processes, including for municipalities, during the State wide COVID-19 emergency; and

ACTION ITEM: A April 27, 2020

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WHEREAS, the Legislature (see PART D, E, and G of LD 2167) intended to allow relief to municipalities so they could reasonably act, enact budgets, conduct meetings, and otherwise continue the vital operations of local communities during the State wide COVID-19 emergency;

NOW THEREFORE, pursuant to authority delegated by the Legislature including, but not limited LD 2167, the City Council resolves, and does herein Order, that the Annual “Special Council Budget Meeting” of the City of Saco will be scheduled for the first Tuesday (May 26, 2020) after Memorial Day Monday.

Special Budget Meeting shall be held in public at the Saco City Hall, 300 Main Street, Saco; and, the public shall be allowed to attend should they wish to make comment; but the City Council will mandate and make use of social distancing procedures and other accommodations to protect all individuals attending from undue risk of transmission of the COVID 19 virus.

This Order may be rescinded if the Governor of the State of Maine extends the State wide quarantine Orders—including those limiting meetings to no more than ten (10) people— past May 15, 2020. In lieu of rescission, the Council may, in the alternative, conduct the Special Budget Meeting in City Hall as a public session at City Hall with no more than ten (10) persons attending (Mayor, seven (7) Councilors, City Administrator and Clerk), and with a roll call vote but if so the Council will implement special processes that allows for interactive public participation including such services as ZOOM.

ACTION ITEM: A April 27, 2020

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AGENDA ITEM: (Public Hearing) Adoption of Fiscal Year 2021 Municipal Budget

COUNCIL RESOURCE: Councilor Nathan Johnston

STAFF RESOURCE: Bryan Kaenrath, City Administrator Glenys Salas, Finance Director

BACKGROUND: To start the fiscal year 2021 budget process, the City Administrator presented a recommended FY 2021 budget to the Council on March 30th. During the same meeting, the School Department budget was also presented by the Superintendent.

City Departments presented their budgets during Council meetings throughout April. These presentations, along with other budget documents, can be found on the budget page of the City’s website.

EXHIBITS: N/A

SUGGESTED MOTION: “I move to open the Public Hearing on the Fiscal Year 2021 City Budget and the Water Resource Recovery Department.”

“I move to close the Public Hearing, and be it ordered that the City Council set the vote on the FY21 Municipal Budget and the Water Resource Recovery Department for May 26, 2020.”

ACTION ITEM: B April 27, 2020

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https://www.sacomaine.org/departments/finance/current_budget.php


AGENDA ITEM: (Public Hearing) Adoption of the FY2021-FY2025 Capital Program

COUNCIL RESOURCE: Councilor Joe Gunn

STAFF RESOURCE:

BACKGROUND:

EXHIBITS:

Bryan Kaenrath, City Administrator Glenys Salas, Finance Director

The Capital Plan was presented on April 6, 2020.

The Capital Plan presentation can be found on the City website.

SUGGESTED MOTION: “I move to open the Public Hearing on the FY21-FY25 Capital Program”

“I move to close the Public Hearing, and be it ordered that the City Council set the vote on the FY21-FY25 Capital Program for May 26, 2020.”

ACTION ITEM: C April 27, 2020

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https://www.sacomaine.org/Budget/FY2021/Presentations/FY2021%20Budget%20Capital%20Plan.pdf

victoria.gorman

Cross-Out


AGENDA ITEM: Thibodeau Contract Zone Agreement – Ownership Transfer Request

COUNCIL RESOURCE: Councilor Marshall Archer, Ward 1

STAFF RESOURCE: Emily Cole-Prescott, City Planner

BACKGROUND: Richard Bryant, Esq., on behalf of Next Generation Realty, LLC and Herve C. Thibodeau, Jr., requests review of 2017 ownership transfers of the Contract Zone Agreement by and between Herve C. Thibodeau, Trustee of the Thibodeau Family Property Trust and the City of Saco, February 14, 2012, to Herve C. Thibodeau, Jr. and Next Generation Realty LLC. This is a retroactive review request for continued operations with no proposed revisions to any other aspect of the contract zone agreement. It is Staff’s understanding that operations have continued on site, in compliance with all other provisions of the contract zone agreement.

The decision whether to transfer ownership of this contract zone agreement rests with the City Council, per section 3.d. of the attached contract zone: “This contract and its provisions shall specifically and exclusively apply to the Contract Zone request submitted by the Applicant. Approval of this Contract Zone is in part based on the financial and technical qualifications of the Applicant as submitted to the City. Accordingly, this Agreement and the Contract Zone it creates shall not be assigned or transferred without review and written approval by the City Council, such consent not to be unreasonably withheld.”

EXHIBITS: 1. Memo from City Planner dated April 17, 20202. Letter from Richard Bryant, Esq. dated April 16, 2020 with

attachments3. Contract Zone Agreement by and between Herve C.

Thibodeau, Trustee of the Thibodeau Family Property Trustand the City of Saco dated February 14, 2012

RECOMMENDATION: Staff recommends City Council review the request, per section 3.d. of the contract zone agreement.

SUGGESTED MOTION: “Be it ordered that the City Council approves the first reading of the ownership transfer of the Contract Zone Agreement by and between Herve C. Thibodeau, Trustee of the Thibodeau Family Property Trust and the City of Saco, dated February 14, 2012 to Herve C. Thibodeau, Jr. and Next Generation Realty LLC, and further moves to schedule the second and final reading on May 11, 2020.”

ACTION ITEM: D April 27, 2020

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Planning and Economic Development Saco City Hall 300 Main Street Saco, Maine 04072-1538

Emily Cole-Prescott, AICP City Planner

[email protected] Phone: (207) 282-3487 ext.357

TO: City Council CC: Bryan Kaenrath, City Administrator

Richard Bryant, Esq. FROM: Emily Cole-Prescott, City Planner RE: Request to Transfer Ownership of existing Contract Zone Agreement by and

between Herve C. Thibodeau, Trustee of the Thibodeau Family Property Trust and the City of Saco dated February 14, 2012

DATE: April 17, 2020

Richard Bryant, Esq., on behalf of H.C. Thibodeau Northeast Distribution, has requested the City Council’s review of ownership transfer of the contract zone agreement (Contract Zone Agreement by and between Herve C. Thibodeau, Trustee of the Thibodeau Family Property Trust and the City of Saco, February 14, 2012) to Herve C. Thibodeau Jr. and Next Generation Realty LLC. These transfers occurred in 2017. Atty. Bryant indicates in his letter that the City was notified of the ownership transfer, but the City Council did not make a formal motion to transfer ownership at that time. Atty. Bryant, on behalf of the Thibodeau Family Trust, obtained a site plan amendment to the 2012 approval in 2017.

The decision whether to transfer ownership of this contract zone agreement rests with the City Council. Please refer to section 3.d. of the attached contract zone, which states: “This contract and its provisions shall specifically and exclusively apply to the Contract Zone request submitted by the Applicant. Approval of this Contract Zone is in part based on the financial and technical qualifications of the Applicant as submitted to the City. Accordingly, this Agreement and the Contract Zone it creates shall not be assigned or transferred without review and written approval by the City Council, such consent not to be unreasonably withheld.”

Although financial and technical qualifications were already reviewed for the initial contract zone for the first owner, I have requested financial and technical capacity information per contract zone provisions. Based on the request and discussions with Atty. Bryant, it is Staff’s understanding that no site revisions are requested with this ownership transfer request. If the current owners plan any site revisions, a site plan amendment application for minor or major review would be required.

It should be noted that although ownership had not been officially transferred in 2017 per provisions of the contract zone agreement, the property has continued operations per the contract zone under the new ownership for the past three years.

I look forward to answering any questions about this information at an upcoming City Council meeting.


Exhibit Item: 1

7


VaN Mnnn & Bnr,,qNGER

A PRoFESSIoNAL ASSocIATIoNATToRNEYS AT LAW

21 5 CoMMERCIAL STREET, 4T" FLooRPoRTLAND, MAINE 041 01.4674

2 MA|N STBEET, SurrE 18-217BTDDEFoRD, Marrue O4005-2069

THoMAS J. VAN MEER

NoRMAN R. BELANGER

RICHARD N. BRYANT

BETTS J. GoRSKY

TIMoTHY P. McCoRMAcK

PoRTLAND: (2071 87 1 -7 5OO

BTDDEFoRD: QOT\ 602-6234Ftx: l2O7l 871 -7505

E-vnt: [email protected]

April 16,2020Bryan T. KaenrathSaco City Administrator300 Main StreetSaco, Maine04072-1538

RE: City Council Approval of Transfer of Contract Zone Agreement

Dear Mr. Kaenrath:

This letter is to request action by the City Council to approve the transfer of properlies subjectto a February 14,2012 ContractZone Agreement between the City and Thibodeau Family Property Trust(the "Trust"). The properties are currently denoted 416 Buxton Road (Tax Map 116, Lot 6-I), 426Buxton Road (Tax Map 1I6,Lot6-2),and 0 Buxton Road (Tax Map 1l6,Lot6). In 20|2,the Trust'sland included parcels on both sides of Route 112 occupied by the Thibodeau family's ice creamdistribution business and several residential apartments. The commercial uses and structures werelawfullynonconforming within the C-l ZoningDistrict. The ContractZoneAgreement was negotiatedsimultaneous with the Planning Board's approval of a site plan for reconfiguration of parking andloadingactivitiesandtherearwardexpansionofawarehouseonthesouthsideofRoutell2. The2012widening of Route ll2 made the prior parking, loading and cross-road commercial operations on theTrust' s properties unsafe.

The Contract Zone Agreement converted historical nonconforming commercial uses intopermitted uses for an area 551+l- feet deep off the southerly sideline of Route lI2. It eliminated bothuse and structure nonconformities on both sides of the road. The ice cream distribution facility wasexpanded and all of its operations consolidated within the ContractZone,with all truck loading shiftedto anewwarehouseto therearofthe ContactZone. A copyoftheContractZoneAgreementis attached.

In20l7 the Trust was dissolved and distributed all of its property to Thibodeau family memberbeneficiaries. In that distribution, the boundaries of the property containing the Contract Zone werereconfigured. 416 Buxton Road (Tax Map I I6,Lot6-1) was reconfigured into a4.36+l- acre parcel withthe ice cream distribution facility and attached residential apartments . 426Buxton Road (Tax Map 1 16,

Lot 6-2) was created as a new 3.7+l- acre parcel with residential apartment and garage building . Theunimproved 104+l- acre back parcel (Tax Map 116, Lot 6) was designated 0 Buxton Road. 0 BuxtonRoad includes frontage and access along a 60'strip adjacent to 426 Buxton Road, the first 551+/- feetof which are within the ContractZone. A copy of the Saco Planning Director's2017 approval of the


Exhibit Item: 2

8

Bryan T. KaenrathSaco City AdministratorApnl 16,2020Page2

Trust's reconfiguration of the property boundaries within the ContractZone, as a minor amendment tothe 2012 site plan approval, is attached.

The Trust distributed 416 Buxton Road and 426BuxtonRoad to Herve C. Thibodeau, Sr., andthe back land to Herve C. Thibodeau, Jr. Herve C. Thibodeau, Sr. immediatelytransferred4l6 BuxtonRoad and 426BuxtonRoad into Next Generation Realty, LLC, atitle-holding entity wholly owned byHerve C. Thibodeau, Jr. (Herve C. Thibodeau, Jr. separately acquired from his father stock ownershipin the company that operates the ice cream distribution business within the commercial space at 416Buxton and 426 Buxton Road, now renamed H.C. Thibodeau Northeast Distribution.)

The ContractZone Agreement provides: "Approval of this Contract Zone is in part based onthe financial and technical qualiJications as submitted by the Applicant [the TrustJ to the City,Accordingly, this Agreement and the Contract Zone it creates shall not be assigned or transfewedwithout review and written epproval by the City Council, such consent not to be unreasonablywithheld;'

The City was made aware of the 20T7 intra-family transfers of the parcels subject to the ContractZone arising from the distribution from the Trust. However, there was apparently never a formal CityCouncil approval. This letter is to formallyrequest retrospective approval ofthose transfers ofthe threelots into the current owners, Next Generation Realty, LLC for 416 and426BlxtonRoad, and Herve C.Thibodeau, Jr. for the back land.

Last month I submitted a requested for the same retrospective approval, coupled with a requestfor a prospective approval of an anticipated sale of 416 Buxton Road and 426 Buxton Road and theoperating business thereon to unrelated parties. That proposed transaction has been derailed by thecurrent pandemic. Should such a sale be revived, a subsequent transfer approval request will besubmitted to the City Council.

None of the 2077 intra-family real estate transfers described herein involved any construction,relocation or demolition of improvements, nor any changes in permitted uses within the Contract Zone.Financial and technical qualifications of the transferees would thus not seem to be relevant.Nonetheless, sincetheContractZoneAgreementreferences suchqualifications as considerations fortheCity Council's approval, I will address them as follows:

From a financial standpoint, none of the three properties are subject to any mortgage.Accordingly, the entire value of each comprises untapped equity available to the owners. The Cityassesses 416 Buxton Road at $440,500 and 426Buxton Road at $305,800. Thus, Next GenerationRealty, LLC has at least $746,300 in unencumbered assets with which to meet any financial demands.The City assesses the unimproved back land at $133,000, meaning that Herve C. Thibodeau, Jr. has atleast $133,000 in unencumbered assets with which to meet any financial demands. In practice, H.C.Thibodeau Northeast Distribution is ultimately responsible through its leasehold with Next Generation

a


Exhibit Item: 2

9

Bryan T. KaenrathSaco City AdministratorApil 16,2020Page 3

Realty, LLC for most financial demands associated with 416 Buxton Road and 426 Buxton Road,including taxes, maintenance and insurance. H.C. Thibodeau Northeast Distribution's operations areprimarily self-financed rather than through institutional borrowing. It has unencumbered assets of cash,accounts receivable, inventory, leasehold improvements, business equipment, and good will farexceeding any conceivable leasehold obligations. A letter from its bank confirming its financial abilityto continue to operate the business is anticipated being submitted under separate cover in advance of theCity Council meeting.

From a technical standpoint, there have been no improvements made or contemplated to anyproperty within the ContractZone requiring any particular technical expertise ofNext Generation Realty,LLC or Herve C. Thibodeau, Jr. as owners. To the extent technical qualifications are relevant to thecommercial facilities on 416 Buxton Road and 426 Buxton Road, H.C. Thibodeau NortheastDistribution continues its lengthyhistory of successful business operations, which includes maintainingits offices, cold-storage warehouse, truck parking and loading facilities, landscaping, utilityinfrastructure, etc. Should future projects within the Contract Zone require technical expertise,professionals with appropriate qualifications (architects, engineers, surveyors, etc.) will be engaged as

needed by the land owners or the commercial tenant.

Next Generation Realty,LLC and Herve C. Thibodeau, Jr. herebyrequest that the City Counciltake the following action:

Approval of all prior intra-family transfers of the Contract Zone Agreement and the ContractZone, as rights appurtenant to the fee interest of the three parcels of real estate currently subjectthereto (416 Buxton Road -Tax Map 115, Lot 6-1;426 BuxtonRoad - Tax Map ll5,Lot6-2;and 0 Buxton Road - Tax Map 115, Lot 6), from the Thibodeau Family Realty Trust to HerveC. Thibodeau, Sr., and to Herve C. Thibodeau, Jr; and from Herve C. Thibodeau, Sr. to NextGeneration Realty, LLC.

Finally, I would like to raise two points of clarification of the Contract Zone Agreementlanguage. The City Council's agreement with my interpretation is not necessary to the approvalrequested above, but I would appreciate being advised if the City Council holds any different view.First, only conveyances of the fee interest in the real estate within the Contract Zone are "transfers" or"assignments" that require City Council approval. That is, transfers of lesser interests within theContract Zone such as leases, licenses, easements, mortgages, etc., without relinquishment of the fee,do not require City Council approval of the parties acquiring such non-fee interests. Second, transfersof fee interests of those portions of the lots that remain outside of the Contract Zone, or transfers ofportions within the ContractZonethatinvolve only the transferees approved here (i.e., transfers betweenNext Generation Realty, LLC and Herve C. Thibodeau, Jr.) likewise do not require City Councilapproval.

-J-


Exhibit Item: 2

10

Bryan T. KaenrathSaco City AdministratorApril 16,2020Page 4

I look forward to addressing the City Council remotelg and providing what additionalinformation might be needed for the City Council to consider this request and grant approval.

Yours truly,

Bryant, Esq

cc: Herve C. Thibodeau, Jr.

Director of Planning and Development Denise ClavetteCity Planner Emily Cole-Prescott

-4-


Exhibit Item: 2

11

CITY OF SACO, MAINE

PlanningSaco City Hall300 Main StreetSaco, Maine 04072-1538

Robert Hamblen, City PlannerTelephone: e0n282-U87Email [email protected]: /sacomaineTwitter: @sacomaine

Re:

Jal;ltary 31,,2017

Mt. Herve Thibodeau, Trustee, Thibodeau Family TrustP.O. Box 88

Saco, Maine 04072

Site Plan Anrendment Apptoval, 41.6 and 426 Buxton RoadTax Map 116, Lots 6 and 6-1,

Deat Mr. Thibodeau:

Yout attomey, Richatd N. Btyant, has inquited about an amendment to the site plan for the propeties at41,6 and 426 (formefiy 418) Buxton Road, approved by the Planning Board on March 27,20L2. Theproperty is subject to a conttactzone, approved by the City Council on Match 79,2072.

The conttact zorue agfeement refetences the requested amendment in section II.c: "Minirnum side and rearsetbacks of.25' shall be tequired for structures in tlle Contract Zone measued ftom boundades of otherpatcels within the Contract Zone. Accordingly, the ptoperty boundary between 416 Buxton Road and 418Buxton Road shali be promptly relocated to comply urith this requfuement."

As yout attorney, Richard Bryant, explained n a1/27/77 e-malr"The2072 site plan apptoval requiredcompliance with the contract zone that the City Council gtanted at the same time. That201.2 conftact zoneexpJicitly anticipated shifting the ptopetty lines between the existing parcels in order to meet side setbacks.The otiginal boundary line between the parcels tan through the distribution plant buildings tathet thanthrough a patking lot whete it was supposed to have run. We pointed that out that anomaly to &e Cityback in 2072 andptoposed

^s part of the contract zone shifting the boundades to meet side setbacks."

The curtent amendment request complies with the contract zone requirement, and is hereby approved as aminot amendment to the original site plan. If you have any questions regarding the appeal process, the timelimits on your approval, or the conditions of apptoval, please feel ftee to contact me.

Sincerely,

Robet H. HamblenPlanning Director

Cc: R. Lambert, R. Bryant

H:MyFiles\APlanning Files\Site Plan 2012\Thibodeau Ml16 L6 md 6-1\2017 Minor Amend\Amend Appwl 0131l7.docx


Exhibit Item: 3

12

THoMAS J. VAN MEERNoRMAN R. BELANGER

RICHARD N. BRYANTBETTS J, GoRSKY

VAN Mnnn & Bnr,aNGERA PROFESSIONAL ASSoGIATIoN

ATTORNEYS AT LAW

215 COMMERCIAL STREET,4TH FLooRPoRTLAND, MAINE 04101.4674

2 MAN STREET, SU|TE 18-217BIDDEFoRD, MAINE 04005.2069

JAN 2 6 2017

PoRTLAND : (2O7) 87 1 -7 500BTDDEFoRD : (207 ) 602-6234

Fnx (207) 871-7sosE-MA|L: lNFo@VBLAWF|RM. coM

January 26,2017Mr. Robert HamblenSaco Planning Director300 Main StreetSaco, l|l[804072

RE: Applicationfor SitePlanAmendment 416and426 (formerly4l8)BuxtonRoad (Map 116, Lots6 and 6-1) owned by Herve C. Thibodeau, Trustee of the Thibodeau Family Property Trust

Dear Bob:

Per our discussion, enclosed please find an application for minor site plan review, with fourcopies of a plan and a check for $25, in collection with a reconfiguration of the boundary between 416and 426 Buxton Road, and the division of 426 Buxton Road. I am filing the formal application becausethe proposed boundary reconfiguration is arguably an amendment to the site plan approval granted bythe Saco Planning Board on March 27 ,2012 for a 3,491 s/f expansion to the Thibodeau's Ice Creamdistribution center, located primarily at 416 Buxton Road (Tax Map 116, Lot 6-1), but with someimprovements encroaching onto 426 BuxtonRoad (Tax Map 116, Lot 6). NOTE: 426 Buxton Roadwasknown as 418 Buxton Road at the time of the 2012 site plan approval. TIte 2012 development wascompleted in accordance with all approvals. No additional development approval is being pursued now.Rather, the ThibodeauFamilyPropertyTrustis merelycompleting alotreconfigurationto meet setbacksthat was apart of the contract zone agreement approved on March 19,2012 by the City Council. TheMnch27 ,2}l2Plawring Board site plan approval incorporated by reference compliance with the termsof the contract zone-

I do not believe that any site plan amendment is required for completing this previouslyanticipated boundary line shift, which does not entail any new development nor any modification of thepreviously approved (and completed) construction governed by the 2012 siteplan. Rather, this propertyline shift simply completes a technical aspect of the 2012 development to assure setback compliance.ln no way will the distribution of the land from the Trust and adjustment of property lines affect thepreviouslyapproved development, norhave anyimpactupon any abuttingproperty owners or anypublicamenities.

Nonetheless, if you determine thatasite plan amendment is required, the shift in property linesshould plainly be considered simply a change of record ownership, which Ordinance Section 1103 (8)and the recently adopted Section 1109 both use as an example of a minor amendment, requiring onlyCity Planner review.


Exhibit Item: 3

13

Mr. Robert HamblenJanuary 27,2016Page 2

The 2012 site plan approval was granted in conjunction with the contract zone agreementaddressing Thibodeau's Ice Cream Distribution's lawfully non-conforming commercial uses in theunderlying C- 1 Conservation District. The municipal approvals were precipitated by MDOT's wideningof Buxton Road which required consolidating non-conforming commercial activities from across thehighway at4t8 Buxton Road. The2012 municipal approvals anticipated that the northwesterly lineof 416 Buxton Road be shifted further northwesterly so as to meet the side yard zoning setback from theexpanded commercial buildings at 416 Buxton Road and the duplex and garage at 426 Buxton Road.

Reconfiguring the boundary between 416 and426 Buxton Road was delayed because it becametied up with the distribution of those parcels and other real estate from the Thibodeau Family Trust toits beneficiaries. The deed of distribution for 416 Buxton Road will now reconfigure it into a189,977s/f parcel with the consolidated business structures, while the distribution of 426 Buxton Road willdivide it into a 161,232 s/f front parcel with the existing duplex and garage, and a 100 acre unimprovedrear parcel (including 60' of Buxton Road frontage encompassing the existing farm road / right of way).The division of 426 Buxton Road into two parcels does not create a subdivision requiring approvals.Similarly, any exchanges among Trust beneficiaries of the reconfigured parcels after distribution fromthe Trust will not require any approvals.

Ifyou do determine that minor site plan review is required, Section 1 104-1 requires submissionofonlyitemsl,2,3,4,8,9,ll12mdl5therein,unlesswaived. Becausethereisnonewdevelopmentinvolved beyond what was approved and completedin2}l2,I would formally request a waiver of thefollowing Section 1 104-1 items which were either approved by the Planning Board in 2012 and areunaffected by the proposed shift of properly lines, or were waived by the Planning Board in20l2:

(3) Easements, Covenants and Restrictions (none, apart from the contract zone);(4) Approvals and Permits (none, apart from 2012 srte plan approval);(8) Utility Plan;(9) Landscape Plan;(11) Signage;(12) Waste Disposal Plan; and(15) Traffic Report.

I look forward to hearing from you shortly either agreeing with my determination that no site planreview is required, or determining that the requested approval is a minor amendment to the 2012 siteplan.

Enclosurescc: Herve Thiboeau

Paul Gadbois


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Exhibit Item: 3

15

JAN , 7 2017

Saco Plauring Office300 Main StreetSaco, Maind 04072Q07)282-3487

Account Number_F

Received

6

Application Fgtrn For Site plan R.eJierv

This application shall conform in all tespects to the City of Saco Zoning Ordinance. It shall be accompaniedby twelve (12) copies of all subrnittecl rnaterials.

STREET ADDRESS OF PROPOSED PROJECT )-6 tt/

Tax Map Nnmber--:!:/ Q- Lot

York Courrty Regishy of Deeds Book Nurnb ,, $ 332_City of Saco Zoning District: C - /Area of Parcel: acres

Total ofPloposed Developed Area of parcel: /t4 acxes

Total Floor Area of Each Proposed Building in Squar.e Feet:

Footprint of Each Proposed Buikling in Square Feet:

Heiglrt of Proposed Building(s):

Total Number Proposed Parking Spacos:

DESCRIPTION OF

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Exhibit Item: 3

16

AMENDMENT TO PREVIOUSLY APPROVED PLAN? YES

If so, date ofprevious approval:

OWNER'S 4.'l (4.

Teleplrone and Fax Num

E-mail Address

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Address o

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E-mail Address

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SUBMISSION REQUIREMENTS.T Please review and submit all items required in the attached Section l t04 ofthe City of Saco Zoningordinance. Requests for waiver of any required item shall be in writing.FEE: A $25.00 non'rcfundable fee must be deposited with all applications. The r.equipd deposit is $1000 ifengineering review is required, or $500 if engineering review is not rcquired, as determined by the City planner. Acopy ofthe CostRecovery Ordinance is attached.

The Planning Board normally meets the fir'st and third Tuesday of the month. Applicants must submit their materialsby 4:30 P,M. THREE WEEKS prior to the scheduled meeting for placement on the Board's agenda. If applicationand submission materials are not complete, plaeement on the agenda may be delayed.

APPlicatio$s are placed on the Planning Bpard's ggenda at the co-nclusion of staffrcview only.

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Date


Exhibit Item: 3

17

distribution facilities, fleezers, and garages on the Subject Property

7, The Mairre Department of Transportation has exercised eminent dornainto take portions oftho Subject Properfy and 419 Bnxton Road in order to rvidenRoute 112. Reconstruction of the highway rvill furthel reduce existing buildingsetbacks, significantly lintit vehicle access, and entirely prcvont truck loadingthat is essential to the operation of the business. The Applicant proposes toconstruct a nerv loading and stomge facility to the rear of tho Subject Propertyattaohed to the existing freezer/distribution/aparhnent building, u'hich willallorv the relocation of offices and an equipment shop fi'om 419 Buxton Road tothe Subject Property, greater efficiency of business opemtious, elirnination ofpedestrian and vehicular crossings of Route 112, and increased public safetyand aesthetio value. The Applicant also pl'oposes to expand truck palking andrelocate truck fuelirrg and resident parking to the rear of the Subject Propertl,,eliminating three of tho seven drivervays for the Subject Ploperty.

8. As stated in Section 1403-01 of the Zorring Ordinance, "Occasionallycompeting and incompatible land uses conflict; and tl'editional zoning methoclsand plocedurcs snch as variances, conditional use permits and altemtion to thezone boundaries arc inadequate to promote desirable gorvth. In these specialsituations, more flexible and adaptable zoning methods ae needed to peunitdiffering land uses in both devoloped arrd rmdevelolled arcas, and at the sametime recognize the effects of change."

9, Recognizing the nse restrictiorrs irnposed by the Zoning Otdinance, thoApplicant henby makes application for a ContractZone that rvould allorv theexisting larvfully non-conforming use of the Subject Ptoporty as businessoffices, distribution, light rnanufacturing, rvholesale trade and rvarehonsing tocontinue upon the Subject Propefty as legally confotning uses, and to allorv theexisting larvfully non-confonning setbacks ofthe buildings to be treated as

larvfirlly confouning until such time as redeveloprnent occurs.

II. This Contract Zonc Agleement amends the Saco Zoning Ordinance as follows:

This ContractZotte, specifioally and exclusively for the Subject Ptoperty as identified abovqrvould allo*'the Applicarrt to continue the historical uses of bttsiness offices, distribution, lighttnanufacturing and rvholesale trade and rvarchousittg rvithin expanded and reconfiguredfacilities at 416 and 418 Buxton Road lying rvithin approximately 551 feet of Route 112 (the

"Conhact Zone"), as provided fol in Artiole 14 of the Saco Zoning Ordinanco:

a. "Business offices, distribution, light nranufacturittg, and rvholesale tradeand rvarehousing," shall be pernritted uses'rvithin the Conlract Zone, in additionto allpennitted uses and sonditional uses otherliss allorved in the C-l District.

b. Minimnnr side and rear setbacks of 50' shall be required for all structuresin tlre ContractZone measured from boundaries rvhich define tlte perimetel oftlre ContmctZone,

c. Minimum side attd reat'setbacks of 25' shall be rcquired for stnrotutes in


Exhibit Item: 3

18

Bob Hamblen

From:Sent:To:Subject:

Richard N. Bryant [[email protected]]Friday, January 27,2017 3:25 PMBob Hamblen416 & 426 Buxton Road - Thibodeau Family Property Trust

Bob:

I understand you are out today. To follow up on the Thibodeau Family Property Trust materials I had dropped off, I didnot leave a SSZS check with the site plan amendment application. (l was prepared to leave a S2S check having misreadthe application fee, but the Planning Department staff at the front desk said I could bring in a check later after you hadlooked at my letter - if you decided it was needed).

My hope is that you agree with my analysis that processing a site plan modification application is simply not necessary in

this case. The Planning Board's 20L2 site plan approval for the Thidodeau's lce Cream Distribution plant expansioninvolved both the plant parcel (416 Buxton Road, Tax Map 116, Lot 6-L) and the adjacent duplex parcel (then 418 BuxtonRoad, now 426 Buxton Road, Tax Map 11"6, Lot 6). That plant expansion was completed back in 20L2. Reconfiguring ofthe internal boundaries of these adjacent lots both owned by the Trust doesn't involve any new development.

The 2Ot2 site plan approval required compliance with the contract zone that the City Council granted at the same time.That 2Ot2 contract zone explicitly anticipated shifting the property lines between the existing parcels in order to meetsidesetbacks. Theoriginalboundarylinebetweentheparcelsranthroughthedistributionplantbuildingsratherthanthrough a parking lot where it was supposed to have run. We pointed that out that anomaly to the City back in 2012and proposed as partof the contractzone shiftingthe boundariesto meetside setbacks. That notionwas incorporatedinto the contract zone agreement, although it's obviously been delayed while we dealt with some unrelated issues ofdistributing the properties out of the Trust.

I look forward to your call on Monday when you return to the office.

Regards

Richard

Richard N. Bryant, Esq.

Van Meer & Belanger, P.A.

215 Commercial Street,4th FloorPortland, ME 04101Tel (207) 871-7500 x103

Fax(207) 877-7soscell(207) 233-6734rbrva [email protected]

The information contained in this message is legally privileged and confidential information intended only for the use of theindividual or entity named above. lF THE READER OF THIS MESSAGE lS NOT THE INTENDED RECIPIENI YOU ARE HEREBY NOT|F|ED

THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION lS STRICTLY PROHIBITED, lf you have receivedthis communication in error, please immediately notify us by e-mail or telephone. Thank you.

1


Exhibit Item: 3

19

(index.html) (index.html)

Direct Store Distribution

Call: 207-283-3761 | 207-571-4104

MENU

1899

10-year-old Henry and his 7-year-old brother, Joe, lose their mother and are sent to live with anuncle in Montana to work on a ranch as cowboy's. They form a pact to never leave each other,and forge an everlasting strength and belief if you help someone up, everyone wins. Ten yearsafter becoming cowboy's, they move to Biddeford, Maine to reconnect with four of their sisterswho settled there earlier.

1909

Henry Thibodeau and his new wife purchase a dairy farm, leaving his mill job behind.

1915

Henry and his brother, Joe, go to enlist in WW1 but the government won’t take Henry becausethey need a farmer for food supply. Henry promises his brother the farm will be theirs when hereturns.

1919

About Us


Exhibit Item: 3

20

http://www.thibodeausicecream.com/index.html


After WWI Henry’s brother returns from the war and the two are reunited. Having a cowboysspirit, they begin their milk routes delivering directly to customers.

1940

Henry’s son, Herve, enters the business from college.

1941

Herve Thibodeau sees the need for safety in milk products and starts dairy processing company"H. Thibodeau & Sons Dairy" servicing 3 cities in Maine.

1949

Herve Thibodeau starts "Town & Country Ice Cream" by opening a successful ice cream standand restaurant.

1954

Herve Thibodeau starts a Wholesale ice cream division of Town & Country

1969

H. Thibodeau & Sons sell milk company to Oakhurst dairy and continue their wholesale ice creambusiness.

1970

3rd generation Thibodeau enters the business, sharing his fathers name, Herve Thibodeau, andtakes over management of 27 small wholesale accounts to begin another journey of the familybusiness.

1972


Exhibit Item: 3

21

H. Thibodeau & Sons rebrand the name to Thibodeau Farms.

1973

Herve Thibodeau II, stops manufacturing ice cream and aligns with H.P Hood to become aSouthern Maine distributor

1974

Thibodeau’s Farms reopens its bottling plant, producing milk for Cumberland Farms in Maine.

1975

Thibodeau’s opens a milk transportation business, trucking through Maine and New Hampshire.

1980

Thibodeau’s purchases Penguin Ice Cream to expand area in Central Maine.

1986

Thibodeau’s becomes Good Humors' �rst ice cream distributor for Maine.

1988

Thibodeaus sells milk transportation business and closes processing plant to focus 100% on icecream distribution

1990

Thibodeau’s distribution expands to Northern New Hampshire.


Exhibit Item: 3

22

1999

4th generation Thibodeau enters business - Herve, Jr.

2000

Thibodeau's Farms rebrands to Thibodeau’s Ice Cream Distributing Company

2001

Thibodeaus expands under 4th generation to cover entire State of New Hampshire.

2006

Thibodeaus becomes exclusive distributor for Unilever brands (Ben & Jerry’s, Breyer’s, Klondike,Good Humor and Popsicle

2007

Thibodeaus expands to cover entire State of Maine.

2010

Herve Jr changes company focus and markets strictly to the impulse segment of the ice creamcategories. This is well-received with 30% growth along with winning the “Raising the Bar“ awardwith national recognition from the Ice Cream Industry.

2011

Thibodeau’s creates a reconciliation platform for freezer equipment allowing for better serviceof over 1000 freezers inside stores. The company is recognized nationally and awarded the “BestPractice Award“


Exhibit Item: 3

23

2013

Thibodeaus acquires Vermont Finest Ice cream distribution now covering the entire State ofVermont

2015

Thibodeau’s enters Upper State New York in one county.

2016-2017

Thibodeau’s Ice Cream Distributing Company rebrands to H.C. Thibodeau NortheastDistribution. Thibodeau’s achieves best performing distributor in United State by Unilever.Thibodeau’s expands to 5 counties covering Upper State New York.

Home (index.html)

About Us (about.html)

Service Area (index.html#service-area)

Sales Process (sales-process.html)

Products

(products.html)

Careers

(careers.html)

CONTACT US (CONTACT.HTML)

© 2020 Thibodeau's Ice Cream Distribution Webmaster: Pine Point Creative (pinepointcreative.com) Call: (207) 283-3761 (tel:+12075713761)


Exhibit Item: 3

24


http://www.thibodeausicecream.com/about.html

http://www.thibodeausicecream.com/index.html#service-area

http://www.thibodeausicecream.com/sales-process.html

http://www.thibodeausicecream.com/products.html

http://www.thibodeausicecream.com/careers.html

http://www.thibodeausicecream.com/contact.html

http://www.thibodeausicecream.com/pinepointcreative.com

tel:+12075713761


Exhibit Item: 3

25


Exhibit Item: 4

26


Exhibit Item: 4

27


Exhibit Item: 4

28


Exhibit Item: 4

29


Exhibit Item: 4

30


Exhibit Item: 4

31


AGENDA ITEM: Hardship Forgiveness for Medical Patient

COUNCIL RESOURCE:

STAFF RESOURCE:

Councilor Lynn Copeland

Glenys Salas, Finance Director

BACKGROUND: On 6/25/2014, an individual was transported via ambulance. Two close family members had recently passed from cancer. Shortly thereafter the individual’s spouse also passed away from cancer. With her oldest son set to graduate from high school, the individual’s widows’ benefits from Social Security will decrease, necessitating a refinance on her home. This refinance is not possible as long as the $548 is still outstanding and under collections. I am recommending the City accept $55 as payment in full and write off the balance of $493.

RECOMMENDATION: City staff recommends approval.

SUGGESTED MOTION “Be it Ordered that the City Council authorize the Finance Director to accept $55 as payment in full on the outstanding Ambulance Bill of $548.

“I move to approve the order”.

ACTION ITEM: E April 27, 2020

32


AGENDA ITEM: 90 Temple Street (Map 38 Lot 168) – Chapter 81 Review

COUNCIL RESOURCE: Councilor Nathan Johnston, Ward 7

STAFF RESOURCE: Emily Cole-Prescott, City Planner

BACKGROUND: This property experienced a fire in 2012 and the roof has been left open to the elements since then, for the past eight years. The previous owner abandoned the property some time after the fire, and in 2016, the city obtained the property through tax foreclosure. A timeline of city actions relative to this site is included in the enclosed materials. In February 2020, Staff completed several site visits, and with the collaboration of the Historic Preservation Commission, hired Allied Engineering (on the city’s general engineering services list) to complete a structural engineering assessment (report enclosed). The Historic Preservation Commission recommended that the property be sold at its February 26th meeting. The Planning Board recommended its report to sell the property to the City Council at its April 7th meeting.

EXHIBITS: 1. Memo from City Planner dated April 16, 2020 (includestimeline of city actions)

2. Planning Board Report dated April 7, 20203. Draft Request for Proposal (RFP) for Council’s consideration4. General Property Information

RECOMMENDATION: The Planning Board forwarded a positive recommendation of its report to City Council on April 7th.

The Historic Preservation Commission recommended that the property undergo a Chapter 81 review process on February 26th and provided feedback about the draft RFP on March 11th.

SUGGESTED MOTION: “I move to schedule the first reading on May 4th regarding the following order: “Be it ordered that the City Council hereby authorizes the City Administrator to initiate a Request for Proposal for disposition of city-owned property at 90 Temple Street.”

NEW BUSINESS ITEM: A April 27, 2020

33

TO: City Council

FROM: Emily Cole-Prescott, City Planner

CC: Bryan Kaenrath, City Administrator Denise Clavette, Planning & Economic Development Director

DATE: April 16, 2020

RE: 90 Temple Street (Map 38 Lot 168) – Chapter 81 Review

Overview: This property experienced a fire in 2012, and the roof has been left open to the elements since then – for the past eight years. The previous owner abandoned the property some time after the fire, and in 2016, the city obtained the property through tax foreclosure. A timeline of city actions relative to this site is included below.

Timeline of City Actions Relative to 90 Temple Street: 1. 2015: Court finds building dangerous and approves demolition; City issues RFP for demolition

services; demolition not pursued2. January 2016: City acquires ownership through tax foreclosure3. August – September 2016: Historic Preservation Commission (HPC) and Planning Board complete

Chapter 81 review, recommending that City Council considers property sale through RFQprocess. Council approves this direction, and the city issues an RFQ for property sale.

4. December 2016: RFQ receives one bid from HardyPond Development, LLC. City Councilauthorizes City Administrator to enter into an agreement with Hardy Pond for investigation andpotential rehabilitation of the property

5. January 2017: Memorandum of Understanding executed between HardyPond Development LLCand City Administrator Kevin Sutherland

6. February 2017: HardyPond Development LLC lets the city know that it does not plan to moveforward with development

7. June – September 2017: Frank Carr, as a volunteer, works with the HPC to have property listed asendangered, and the site is listed on the Maine Preservation’s list of endangered properties.Frank Carr, as project volunteer, also makes minor roof repair.

8. October 2017 – August 2018: HPC completes a significant amount of research and hostsfundraising event with Saco Main Street

9. January 2019: HPC workshops direction of feasibility study with Council10. October – December 2019: Staff puts out RFP for feasibility study; one response received.11. December 2019 – January 2020: Staff and HPC learn of someone interested in potentially

purchasing property12. February 2020: Staff completes several site visits; Maine Preservation visits property; structural

engineering assessment completed13. March 2020: RFP drafted; some meetings postponed because of public health concerns


Exhibit Item: 1

34


14. April 2020: Chapter 81 review – Planning Board recommendation & City Council first meeting

Recent Activity: In 2019, the HPC pursued the possibility of a feasibility study to learn about best options for restoration, grant-funding, and general preservation. However, before the city awarded a contract to undergo the feasibility study, the city learned of at least two parties interested in possibly purchasing the property.

In February 2020, staff visited the site several times, and in collaboration with the HPC, hired Allied Engineering (on the city’s general engineering services list) to complete a structural engineering assessment (report enclosed). Staff and HPC Chair Kelley Archer met a Maine Preservation field advisor on site to provide expertise on whether the property should remain on the National Register of Historic Places or be de-listed because of condition. Staff is pending receipt of this report and will forward to City Council once received.

Chapter 81 Direction: Staff and the HPC agree that the structure should not weather another Maine winter open to the elements. After discussing different options and working collaboratively with the HPC, Code Enforcement, City Administration, Planning & Development, the consensus has been to move this forward to City Council to consider a potential property sale, under Chapter 81 review. It is possible that a private or non-profit entity may have more capital and time to invest in the structure than the city has.

At its February 26th meeting, the HPC recommended that the property undergo a Chapter 81 review for potential sale.

At its April 7th meeting, the Planning Board reviewed information about the property. The Board also reviewed compiled staff comments required per Chapter 81 standards. After discussion, the Board recommended its attached report to City Council, to sell the property.

Next Steps: While it is not the role of Staff, Planning Board, or the Historic Preservation Commission to determine how the property is sold, Staff has prepared a draft RFP (request for proposals) for the City Council’s consideration. This draft RFP has also been provided to the HPC and Planning Board to obtain some general feedback. Staff included this RFP to ensure there was consensus from the different entities involved about the type of language that should be used in such RFP, because of the unique circumstances of this property and its history. However, the ultimate decision on whether to sell and how to sell rests with the City Council.

If the Council pursues sale of this property, a public hearing is required. While the Planning & Economic Development Department notified surrounding property owners of the Planning Board’s Chapter 81 review, surrounding owners will be re-notified to meet notice requirement for any Council hearing(s). Staff has also provided background information which other boards and commissions have reviewed along with a copy of the Chapter 81 ordinance. Please see item commentary for suggested motion.

Staff looks forward to answering any questions about this information.


Exhibit Item: 1

35

Planning Board Report Chapter 81 Review

90 Temple Street (Map 38 Lot 168) April 7, 2020

The Planning Board has been asked to complete Chapter 81 review for 90 Temple Street, current site of a structure listed on the National Register of Historic Places. The Board offers the following statements and findings about this property and request:

1. The property is addressed as 90 Temple Street Map 38 Lot 168.2. The property is owned by the City of Saco, acquired through tax foreclosure process.3. The site consists of approximately .25 acre, located in the R-3 zoning district.4. The property has been damaged from a 2012 fire and portions of the structure have been left open

to the elements, causing further damage over the past seven or so years.5. Outlined in the Planner’s memo is a timeline of City actions relative to this property. The most

recent City action was a structural engineering assessment completed by Allied Engineering inFebruary 2020. The City also had a representative of Maine Preservation tour the building inFebruary 2020, and the City is now pending receipt of that organization’s report.

6. The City is now reviewing the option of selling this property through an RFP process, draft RFPincluded. Preference for potential bidders will be based on using historic preservation fundingprograms, such as federal tax credits.

7. The Planning Board recommends that if RFP process is pursued, preference be given to thosebidders with experience in restoration / preservation, to retain the property on the National Registerof Historic Places.

8. This request was forwarded from the Historic Preservation Commission to the Planning Board inFebruary 2020. The City Planner requested review of the matter per Chapter 81 ordinance, and thePlanning Board has considered Staff comments.

9. The Planning Board has reviewed the 2011 Comprehensive Plan and indicates that this structure ison the City’s National Historic Sites list but is not included in the City’s locally designated HistoricDistrict. The zone is listed in the Comp Plan as a growth area, in what appears to be designated as a“downtown limited business area.”

10. There is not a stated City purpose for this property, and therefore, the Planning Board recommendssale of the property per drafted RFP.

The Planning Board adopts this report, by 7-0 vote, on April 7, 2020.


Exhibit Item: 2

36

City of Saco Request for Proposals

Sale and Rehabilitation / Redevelopment of Real Estate 90 Temple Street, Saco, ME 04072

The City of Saco seeks professional proposals for the sale and rehabilitation of city-owned real estate at 90 Temple Street. The parcel contains approximately .25 acre of land with an 1890s Queen Anne style home of approximately 4,000 square feet of floor area designed by Josiah Littlefield, a well-known New England architect.

On April 1, 2012, the property experienced a fire that has left the home exposed to the elements and only protected by tarps covering exposed portions of the roof. The property is listed on the National Register of Historic Places and is listed on Maine Preservation’s Endangered Properties List. The city has recently had the structure inspected by an engineer, and this report is available for review. While the city recognizes the extensive damage of the historic home, because of its National Register listing and its significance to the community, the city seeks proposals to have the property redeveloped in a method that preserves historic character but also provides the best option of redevelopment for both the city and potential purchaser. While the city’s preference is to obtain the assessed value of the land, this RFP has no minimum bid. Preference shall be given to those proposals that offer the best rehabilitation project and propose use of historic preservation construction techniques. Additionally, preference shall be given to those proposals that plan to use a state, recognized non-profit, or federal historic preservation funding program for the property, such as federal tax credits and/or the Protect and Sell Program.

The city plans to provide the property in as-is condition. The city offers prospective buyers the opportunity to tour the property TBD through TBD, from the hours of 8:30 AM to noon by appointment only. To schedule a tour, please contact Isabelle Oechslie, Planning & Economic Development Associate, at 207-282-3487.

Proposals will be accepted until 11:00 AM on Friday, TBD at the Finance Office at Saco City Hall, located at 300 Main Street, Saco, ME 04072. Proposals must include responses to all requirements contained within this RFP, in a sealed envelope marked “RFP – 90 Temple Street Sale.”

Any questions regarding the project specifications should be directed to Emily Cole-Prescott, City Planner, by emailing [email protected]. Deadline for questions is: Monday, TBD at 5:00 PM.

The attached response form must be completed and included with your proposal. Failure to submit a complete package will nullify your proposal. The City of Saco reserves the right to accept or reject any or all proposals or negotiate with a proposer following the public opening without right or recourse by vendors, if it is in the best interest of the City to do so.

The City of Saco is sales tax exempt.

Reviewed and approved by:

_______________________________ ___________________ Bryan Kaenrath, City Administrator Date


Exhibit Item: 3

37


City of Saco Request for Proposals

Sale and Rehabilitation / Redevelopment of Real Estate 90 Temple Street

RFP Circulation Date: TBD Proposal Submission Due Date: TBD

Introduction:

The City of Saco seeks professional proposals for the sale and rehabilitation of city-owned real estate at 90 Temple Street. The parcel contains approximately .25 acre of land with an 1890s Queen Anne style home of approximately 4,000 square feet of floor area designed by Josiah Littlefield, a well-known New England architect. The city, acting through the Planning & Development Department, seeks a qualified buyer to purchase and improve the property. Proposals will be evaluated on several factors including, but not limited to: potential use of the site; incorporation of recognized historic preservation funding program(s); negotiated sale price; and evaluation criteria described below. To be considered, bidders must submit a proposal in response to this Request for Proposals (RFP) in the manner described herein.

Property Details:

The property is situated on a .25-acre parcel and consists of an 1890s Queen Anne Style home with attached carriage house and apartment. The primary structure and carriage house were built in 1890. The city has no record of the apartment being permitted. The building is connected to public water and city sewer. The structure will need significant upgrades and construction improvements, ranging from new electrical, heating, structural support beams, new roof, new floors, and new interior walls. The fire damage is extensive, and since 2012, sections of the home have been left open to weather damage.

Property is currently zoned R-3 (high density district), which provides for several types of conditional uses, including multi-family and professional offices. The city has been undergoing a zoning ordinance revision, which will rename the zone High Density Residential, and will allow for similar uses at slightly higher density. Close to city services, this property could be redeveloped per current or proposed zoning (depending on timeline) and the comp plan, located within walking distance to two vibrant city centers.

The city has had a structural engineering assessment completed of the buildings on the parcel. The city is looking to sell this property as is, with no additional improvements. The city is not responsible for any additional remediation that will be required, such as lead, mold damage, asbestos, etc. All bidders acknowledge the condition of the current property.

Access to the property is from Temple Street, conveniently located near Elm, Scamman, and Pleasant Streets. This area of the city has been rapidly growing, connecting the downtown to walkable locations throughout the Saco and Biddeford area, a growing regional center serving more than 40,000 residents.

Background:


Exhibit Item: 3

38

The City of Saco is a service center community within the Portland-South Portland-Biddeford Metropolitan Statistical Area (pop. 523,874). Access to Saco is convenient and multi-modal, via I-95, U.S. Route 1, the Amtrak Downeaster, and the Eastern Trail. Saco is a 20-minute drive from Maine’s largest city, Portland, and a one hour, 45-minute drive from Boston.

Saco is the 10th largest community in Maine.1 The Saco Industrial Park, Spring Hill Industrial Park, and the Mill Brook Business Park host a variety of office, technology, light industrial and distribution businesses.

Saco’s historic downtown is one of many distinctive features that draw new residents and visitors to the community. Two National Register historic districts encompass a variety of 19th and 20th century industrial, commercial and residential buildings in a downtown that borders the Saco River, easily explored via the City’s River Walk. The City’s coast features miles of sandy beach on beautiful Saco Bay, including the quiet wonders of Ferry Beach State Park and the Rachel Carson Preserve. The Saco Heath and Cascade Falls are unique natural resources accessible thanks to a City-wide trails network.

Saco Main Street, a Main Street America organization, the Biddeford-Saco Chamber of Commerce, and the City’s Planning and Development Department are quick to point to all of the above and more as reasons why Saco – “Friendly by Nature” – is the community of choice for residents, new arrivals, and business relocation.

Terms and Conditions of Sale:

Sale of the property will be subject to, but not limited to, the following conditions:

Use of Historic Preservation Program Funding. Preference shall be given to those proposals that incorporate use of state, federal or non-profit historic preservation program funding for rehabilitation and redevelopment. Bid Price. The city is not requiring a minimum bid. However, preference shall be given to those proposals that offer current land valuation of $78,000. Opportunity for Inspection. Bidders are encouraged to visit the site by appointment only May 4th through May 8th between the hours of 8:30 AM and noon. Call 207-282-3487 to schedule a site visit. Assumption of Responsibility for Inspection. The bidder shall be responsible for approving all inspections, investigations, tests, surveys and other due diligence deemed necessary by the bidder in connection with the acquisition of the Property, and the City shall assume no responsibility to the bidder for the scope and approval of any such due diligence. No Representations or Warranties from the City. The bidder must enter into an agreement with the intention of relying upon its own investigation and review of the physical, environmental, economic use, compliance, and legal conditions of the Property and the bidder must acknowledge that it is not now relying, and will not later rely, upon any representations and warranties made by the City or anyone acting or claiming to act, by, through, under or on the City’s behalf concerning the property. The bidder will review, prior to entering into an agreement with the City, all items which in the bidder’s sole judgment affect or influence the bidder’s acquisition and use of the property. Accordingly, the City will only agree to sell the property via a Quitclaim Deed, and on an “AS IS, WHERE IS, WITH ALL FAULTS” basis, and the City will make no representations or warranties of any kind whatsoever, either express or implied, in connection with any matters with respect

1 https://www.maine-demographics.com/cities_by_population


Exhibit Item: 3

39

to the property. The bidder must be willing to accept the title to the property on an “AS IS” and “WHERE IS” basis, with all faults and subject to any and all latent and patent defects, and, except as expressly set forth herein, without any representation or warranty, all of which the City hereby disclaims. No warranty or representation will be made by the City as to (a)fitness for any particular purpose, (b)merchantability, (c)design, (d)quality, (e)condition,(f)the operation of, or the income to be derived from, the Property, (g)the feasibility oradvisability of the bidder’s proposed redevelopment/rehabilitation of the Property, (h)absence ofdefects, (i)absence of hazardous or toxic substances, (j)absence of faults, (k)flooding, (l)compliancewith laws and regulations including, without limitation, those relating to health, safety, and theenvironment, or (m)any other matter with respect to the Property except as expressly set forthherein. In particular, by way of example but not of limitation, the City will make no representationsor warranties with respect to: the suitability of the Property for any and all development activitiesand uses which the bidder may conduct thereon; the use or condition of the Property, including,without limitation, the condition of the soils or groundwater of the Property and the presence orabsence of asbestos, lead-based paint, toxic materials or hazardous substances in, on or under theProperty; compliance with applicable statutes, laws, codes, ordinances, regulations or requirementsrelating to zoning, subdivision, planning,building, fire safety, health or environmental matters; compliance with covenants, conditions andrestrictions, including deed restrictions; and compliance with other local, municipal, regional, state orfederal requirements or other statutes, laws, codes, ordinances, regulations or requirements.Available Report. In February 2020, Allied Engineering, on behalf of the City of Saco, completed astructural engineering assessment of the property. This assessment is included as attachment _____of this document.Release of the City from Liability for Property Condition. The bidder, for itself and its agents,employees, affiliates, successors and assigns, must agree to release and forever discharge theReleased Parties from any and all rights, claims and demands at law or in equity, whether known orunknown at the time of the execution of an agreement, which the bidder has or may have in thefuture, arising out of the physical or environmental condition of the Property, including, withoutlimitation, claims in tort or contract and claims for indemnification or contribution arising under theComprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Section 9601,et seq.) or to the extent allowable under any similar federal, state or local statute, rule or regulationnow or hereafter in effect. The foregoing release will be set forth in the deed from the City.Development Review Process. The rehabilitation/redevelopment of 90 Temple Streetis also subject to later local review and approval process, and subject to State regulations.

Proposal Requirements:

Proposal packages must include: A statement describing any recognized state, federal, or non-profit historic funding programs, such

as federal tax credits or the Maine Preservation Protect and Sell Program. A statement indicating how your proposal represents the best use of the property in terms of direct

or indirect community, historic, or financial benefits. A formal letter of interest on letterhead of principal developer, if a single entity, or the principal

entity of the respondent, where the respondent is a team. Identification of the respondent or business with contact information, including a description and

general history of the individual, firm, or entity that is anticipated to become the owner of record,and/or will have the primary responsibility for implementing the development proposal. Therespondent’s specific experience in implement the type of project proposed should be highlighted.


Exhibit Item: 3

40

A proposed development plan outlining the proposed use of the property, a corresponding fundingplan, and timing of project completion.

A proposed timeline for taking occupancy of the property under the proposed developmentplan.

An offer of payment for the property. A document providing evidence of bidder’s financial capability or proposal to ensure financial

capacity to complete the development plan.

Failure to provide any of the above requested information may result in disqualification of proposal. The City reserves the right to request additional information pertaining to the proposal package, or any other matters related to the Request for Proposal. Proposal documents, including the offer of payment, must be signed by persons authorized to contractually bind the bidder.

Bidders are encouraged to visit 90 Temple Street by appointment only, May 4th through May 8th between the hours of 8:30 AM to noon by appointment only.

Evaluation Criteria:

The city will only review complete proposals received before the specified deadline and per the listed requirements. Finalists may be selected to present their respective proposals to the selection committee for review. Finalists shall be scored and ranked based on criteria that include but are not limited to: Evidence showing how the proposal represents highest and best use of the property in terms

of direct or indirect financial, economic, or community benefits; Ability to rehabilitate/redevelop the site using recognized historic preservation funding program(s),

such as federal tax credits and/or Maine Preservation’s Protect and Sell program; Professional qualification of bidder and team, relative to similar historic properties and completed

projects; Negotiated sale price; Inclusion of all required proposal components; Ability to develop and rehabilitate/redevelop the property; Quality and character of the proposal, especially relevant to community and compatibility of nearby

properties and area; Other factors deemed relevant by selection committee.

Following the review process and following a final City Council vote to authorize a sale of the premises, City staff plan to negotiate an agreement with the selected respondent.

Submission:

Please refer to the City’s website, www.sacomaine.org, throughout the process for additional information which may become available. Submissions must be received hard copy/electronically by Friday, TBD by 11:00 AM. Submit one printed proposal in a sealed package clearly labeled with the developer’s name and address; and email a PDF version to Emily Cole-Prescott labeled CONFIDENTIAL 90 Temple Street Sale RFP:


Exhibit Item: 3

41

Submissions must be received hard copy / electronically by: Friday, TBD by 11:00 AM:

City of Saco Finance Department ATTN: Emily Cole-Prescott City Planner, Planning & Development Department 300 Main Street Saco, Maine 04072 [email protected]

Proposals shall not be returned, and the proposals submitted, and any ideas contained therein for use, re-use and/or development of the parcel, shall become the sole and exclusive property of the City of Saco without further claim or demand. Your proposal must include responses to all requirements contained within this RFP. By submitting a proposal, the bidder agrees to all applicable provisions, terms and conditions associated with this RFP. This RFP, your submitted proposal, all appendices and attachments (if applicable), and stated terms and conditions may become part of the resulting contract.

IF ANY PART OF THE PROPOSAL INCLUDES CONFIDENTIAL FINANCIAL INFORMATION OR TRADE SECRETS SUCH INFORMATION MUST BE CLEARLY MARKED AS CONFIDENTIAL WITHIN THE RFP, OR ANY ATTACHMENT WHERE SUCH INFORMATION IS FOUND, OTHERWISE THE CITY WILL DEEM ALL MATERIAL SUBMITTED AS A PUBLIC RECORD QUALIFIED FOR POSSIBLE DISCLOSURE.

Questions regarding the proposal specifications should be directed to Emily Cole-Prescott at [email protected]. All questions must be submitted in writing no later than Monday, TBD by 5:00 PM. Questions and answers regarding the RFP may be shared with all known to be interested in submitting a proposal.


Exhibit Item: 3

42


City of Saco Sale and Rehabilitation / Redevelopment of Real Estate

RFP Response Form 90 Temple Street

Please complete the following response form. Amounts are to be shown in both words and figures. In the case of a discrepancy, the written word shall apply.

Total Contract Sum:

$________________________

Total Contract Sum (in words):

______________________________________________________________Dollars

Quotes shall be honored for ninety (90) days.


Exhibit Item: 3

43


Vendor Information Form 90 Temple Street

Please complete the following. Attach additional sheets as necessary.

Our Company is: A corporation ______ A partnership _____ Individually Owned ______ Other:

SS or Fed I.D. No: (Submission is voluntary) Company Name and Address:

Name of Principal:

Telephone Number: Facsimile Number: E-mail Address:

References (List Three References, with names, address and telephone numbers)

Date of Delivery

All sections above must be completed. All deviations from the specifications must be fully explained in writing on the following Statement of Compliance/Deviations Form.

Proposers understand that the City reserves the right to reject any or all proposals, reject any or all items, and delete any item or parts of items.


Exhibit Item: 3

44


Statement of Compliance/Deviation 90 Temple Street

The proposal includes the following deviations from the Specifications, which the vendor represents and warrants as being fully equal or superior to the requirements of the Specifications, for the reason(s) set forth fully below. If there are no deviations, please state so below.


Exhibit Item: 3

45


Proposal Agreement 90 Temple Street

The undersigned, by submitting a proposal, declares as follows: 1. The only parties interested in the RFP are the principals named herein.2. This proposal is made without collusion with any other person, firm, or corporation.3. No officer, agent, or employee of the City of Saco is directly or indirectly involved with the proposal.4. All deviations from the specifications must be fully explained in writing and included on the Statement

of Compliance/Deviations Form provided.

Proposers understand that the City reserves the right to reject any or all proposals, reject any or all items, and further, reserves the right to delete any item or parts of items.

DATE:_______________________ PROPOSER: __________________ (Company Name)

BY: ________________________ (Authorized Company Representative)

ATTEST: _____________________ Its: _______________________ (Title)

Signature below by the City of Saco represents acceptance of the above Proposal Agreement in accordance with the contract specifications. Upon execution by the city, this official RFP form, any attached documents and such other documents (instructions, general specifications, technical specifications) shall serve as the contract.

DATE: _______________________ BY: _______________________ Bryan Kaenrath City Administrator

[SEAL]

ATTEST: _____________________


Exhibit Item: 3

46

160 Veranda Street T 207.221.2260

Portland, ME 04103 F 207.221.2266

www.allied-eng.com

February 21, 2020

Emily Cole-Prescott, AICP

City Planner

300 Main Street

Saco, ME 04072

RE: STRUCTURAL INSPECTION OF 90 TEMPLE ST RESIDENCE

SACO, ME

Emily:

Allied Engineering, Inc. (AEI) visited the above referenced property on December 20, 2020 to review the structural

condition of the building framing.

As we understand, the there was a fire that occurred at this residence approximately 7 years ago. This 3-story house

was left exposed to the elements since the fire occurred and has not received any structural framing repairs or

upgrades. There is a full basement beneath the main house. All levels of the house were accessed, including the

basement.

There is a main building with an attached rear ell-shaped barn/residential connected addition. This addition does not

appear to have been affected by the fire, yet it too has been left unheated and unattended since the fire occurred.

There is a crawl space beneath this addition which was not accessed as a part of our assessment site visit.

OBSERVATIONS/RECOMMENDATIONS:

1. Main 3-story Residence:

a. General Construction of the home: The home is wood framed with

plank floor decking over 2x floor joists and timber support beams.

Exterior walls are balloon framed with ribbon boards cut in as

ledger support for floor joist connection to the sides of studs.

b. Foundation: The main building foundation is mortared stacked

granite below grade with a multi-wythe brick wall above grade to

the perimeter wood timber sill. There granite wall for

approximately 10 feet from the base of the bulkhead stairs has

failed and buckled inward

i.

ii.

R

e


Exhibit Item: 4

47


Portland, ME 04103 F 207.221.2266

Web: www.allied-eng.com

Allied Engineering Structural Mechanical Electrical Commissioning

Recommendation: Restoration of this wall to its original condition will involve excavation at the

exterior, dismantling the multi-wythe brick wall, and temporarily supporting the wood sill. Once

area is open and materials are accessible, the granite should be repositioned and grouted in place,

the brick wall should be reconstructed to the sill and a physical connection should be provided

between the two.

For the below grade granite wall section, we recommend a mortar parge be applied to the extieor

wall surface as well as a drainage matt up against the wall prior to backfill of this area.

Additionally, we would recommend a perimeter drain be included at the base of the wall

consisting of 4” PVC wrapped in 12” of ¾” crushed stone which is in turn wrapped in an erosion

fabric. The pipe should be connected to an existing foundation drain or tied into local City storm

drain.

c. 1st Floor Framing: AEI was informed that during the fire all fire-fighting activities were performed

from the exterior through holes in the roof level and possibly through windows. Much of the fire

appears to have been contained in the attic and down thru the rear half of the main house floor

systems.

Water has significantly damaged the first-floor system in this

building. Timber carrying beams are crushed or rotted, floor

framing has sheared off and failed, and the front half of the living

space is literally sunken down into the basement.

Recommendation: This floor system will need to be torn out in

its entirety and reframed. This will involve new beams spanning

front to rear and beating on the existing brick piers in the

basement. New 2x framing would span from the center beam to

each exterior sill plate.

While not noted, there may be damage also to several studs

behind the current plaster and lathe interior wall coverings. As

such, in order to properly identify all damaged framing in the

occupied spaces, it will be necessary to remove all interior wall

and ceiling lathe/plaster wall coverings to expose all stud and joist surfaces for confirmation of

integrity and/or subsequent repair. Non-bearing partition walls may have to be

removed/reconstructed as well for access.

d. 2nd Floor Framing: At the front half of the home, there is minor settlement evident in the floor, but

no failure of framing evident. This is above the first-floor area that has failed. The second floor

and wall system down to the first floor are virtually suspending themselves above this location.

There should be no access granted to this location until such time as shoring is provided below to

the basement floor system.

In the rear half of this space, the floor is severely burned

in place, with some of the framing burned through.

Most of this framing will need to be replaced with 2x

framing.

Recommendation: Much of this floor system will need

to be torn out in its entirety and reframed. This will


Exhibit Item: 4

48


Portland, ME 04103 F 207.221.2266



involve new 2x framing spanning between the exterior wall and the interior bearing wall.

As was noted for the first floor, there may be damage also to several studs behind the current

plaster and lathe interior wall coverings. As such, in order to properly identify all damaged

framing in the occupied spaces, it will be necessary to remove all interior wall and ceiling

lathe/plaster wall coverings to expose all stud and joist surfaces for confirmation of integrity

and/or subsequent repair.

e. Roof Framing: The roof rafters are where most of the fire damage is evident. In fact, the roof

structure will require a total reconstruction throughout. All finished to the floor walls,

etc…require removal and replacement at this level.

It will be very difficult to maintain soffit, eave and rake trim as well as the integral gutter

assemblies during this process. It is possible that these elements can be surgically removed and

marked for replacement once the roof system has been reconstructed.


Exhibit Item: 4

49


Portland, ME 04103 F 207.221.2266



f. Rear Barn and Apartment: There was no fire damage evident in this portion of the building.

There was some settlement noted in the floor of the garage along the back and front of this portion

of the building. This could also be related to either settlements/degradation of the front and rear

post framing. Or this could be the result of heaving of the center post column line support within

the crawl space supporting the barn floor system. AEI points this out for information only, as we

do not believe there is an immediate concern relative to this condition.

We at AEI appreciate the opportunity to assist the City with this evaluation. As you read though the document,

please feel free to reach out with any questions you may have.

Regards,

Allied Engineering, Inc.

William P. Faucher, P.E., SECB, LEED

Registered Roof Consultant

Principal


Exhibit Item: 4

50

160 Veranda Street/Portland, ME 04103

T 207.221.226 / F 207.221.2266 www.allied-eng.com

Structural Engineer/Principal

LEED AP, Registered Roof Consultant

William P. Faucher, P.E. has extensive experience analyzing and designing various structures utilizing a variety of construction techniques and materials including: reinforced masonry, pre-stressed concrete, stone, brick, braced steel and steel with moment connections, engineered wood systems, reinforced cast-in-place concrete, concrete masonry units, and cold-formed metal, both bearing and non-load bearing systems. Mr. Faucher’s experience covers building analysis for renovations, seismic stress and wind and snow loading. He remains current with new building technology and

techniques so each project is designed with the best options available to meet client needs.

Education, Registration, and Affiliation

University of Maine - B.S. in Civil Engineering Concentration - Structural - 1987 University of Wisconsin, Continuing Education in Foundation Design - 1989 Registered Professional Engineer - ME, NH, VT, MA, CT, RI, NY, NJ, VA, NC, SC, GA, FL

Structural Engineering Certification Board - (SECB) Member – Past President (2000-2001) of Structural Engineers Association of Maine Member - National Council of Examiners for Engineers and Surveyors (NCEES) Member - Concrete Reinforcing Steel Institute (CRSI) Member - Construction Specifications Institute (CSI) Member - American Concrete Institute (ACI); ACI Concrete Flatwork Technician #912153

Member - Associated Constructors of Maine, Inc. Member – IBEC (International Institute of Building Enclosure Consultants) – Professional Association for Roofing, Water-Proofing, Exterior Wall Systems Member - NRCA – National Roofing Contractors Association

LEED™ (Leadership in Energy and Environmental Design) Accredited Professional

WILLIAM P. FAUCHER, P.E., SECB


Exhibit Item: 4

51

2941 Account # C3289R Bldg # 1 Sec # 1 of Card # ofUTILITIESTOPO LOCATION

4523CURRENT ASSESSMENT

Total

9030 78,30032

Public SewerPublic Water

1 National Regis

SUPPLEMENTAL DATA

BK-VOL/PAGE SALE DATE PREVIOUS ASSESSMENTS (HISTORY)RECORD OF OWNERSHIP

This signature acknowledges a visit by a Data Collector or AssessorOTHER ASSESSMENTS

APPRAISED VALUE SUMMARY

EXEMPTIONS

000

78,300NOTES

BUILDING PERMIT RECORD

LAND LINE VALUATION SECTION

CURRENT OWNER

V/IQ/U

90 TEMPLE ST Property Location Map IDVision ID

Bldg Name State UsePrint Date

STRT / ROAD

VC

Total

VISIT / CHANGE HISTORY

78,300 78,300

BUILDING PARTIALLY BURNED

1 1 1

Alt Prcl IDPB BK PG TAX PROOLD MAP/TIFEXEMPTGIS ID

Description Code Assessed78,300

Assessed

CodeYear AssessedCodeYear

Total

Assessed VYear CodeAssessed

TotalTotal

2018 2017 903090309030 78,300 78,300

78300 71100 71100

CITY OF SACOHARVEY ANGELACLEMENT ANDREW B

CITY OF SACO

04072MESACO

300 MAIN STREET

0

Permit Id Issue Date

Year Code Description Amount

0.00

Code Description Number Amount Comm Int

Appraised Bldg. Value (Card)Appraised Xf (B) Value (Bldg)Appraised Ob (B) Value (Bldg)Appraised Land Value (Bldg)

78,300Total Appraised Parcel Value

78,300

Land Value

7.19

Adj Unit P

Special Land Value

1L0000

0320,000192,000

III

UQQ

06-27-201610-06-200505-25-2000

0UNK08430283

0UNK1462710039

78,300

1

Use Code

SALE PRICE

Type Description Amount Insp Date % Comp Date Comp Comments

1.0000

Description

MUNICPAL MDL R-3

Zone Land Type Cond.

1.10

Nbhd.

399

Nbhd. Adj

1.100

Location AdjustmentNotes

Total Card Land Units 0.2500 Total Land Value

B

903R 51.00000SF10,890

Site IndexSize AdjUnit PriceLand Units

Parcel Total Land AreaSF10,890

5.94

KKDSRLCGKK

IdDate06-26-201604-09-201201-06-201005-23-200810-21-2002

038/ / 168/ 000/000

27

SEASONAOCCWARDCONDOSUB_DIV

Assoc Pid#

CITY:15:

038168000000

EXM LAND

SACO, ME

Assessor ReviewedAssessor ReviewedComplaintListed NOHListed

Purpost/Result5353805150

1

2

Is CdType03

01

ASSESSING NEIGHBORHOODNbhd0001

Nbhd Name B Tracing Batch

Total Appraised Parcel Value 78,300

Valuation Method CCITY OF SACO FORECLOSURE

78,3002019


Exhibit Item: 4

52

Account # C3289R Bldg # 1 Sec # 1 of Card # of90 TEMPLE ST

Element

Dep % OvrDep Ovr CommentMisc Imp OvrMisc Imp Ovr CommentCost to Cure Ovr

Element

Undeprec Value

COST / MARKET VALUATION

00

Adjust Type

CONDO DATA

Factor%

2941Property LocationVision ID

Map ID Bldg Name State UsePrint Date1 11

Description

Cost to Cure Ovr Comment

Description

CodeOB - OUTBUILDING & YARD ITEMS(L) / XF - BUILDING EXTRA FEATURES(B)

BUILDING SUB-AREA SUMMARY SECTIONUnit Cost

RCNLD

Condition10Economic Obsol70Functional Obsol30

Year RemodeledRemodel Rating

19821900Year Built

434,847

G

ApartmentFirst FloorAttic, FinishedUpper Story, FinishedAttic, UnfinishedBasement, UnfinishedPorch, Enclosed, UnfinishedGarage, UnderPorch, Open, UnfinishedDeck Wood

APTBASFATFUSUATUBMUEPUGRUOPWDK

Ttl Gross Liv / Lease Area

1,1001,350

2101,260

000000

3,920 7,631

1,1001,350

2101,260

125413

2753823

4,524

96.1296.1219.2296.121.34

19.1949.9824.0314.4914 74

105,732129,76220,185

121,11196

24,4141,250

26,4333,6532 211

Parcel IdSB

C

CONSTRUCTION DETAIL CONSTRUCTION DETAIL (CONTINUED)

Owne

Condo FlrCondo Unit

Code Description

FPL3JAC

Code Description Living Area1,1001,3501,0501,260

721,272

251,100

252150

Floor Area

Appr. Value00

Depreciation Code

Building Value New

Effective Year Built

Depreciation %

Trend Factor

Condition %Percent Good

Unit Price Yr Blt19821982

Cond. Cd00

% Gd Grade Grade Adj.0.000.00

DescriptionFP 1 3/4 OR 2JACUZZI

BB

L/B Units11

7400.002200.00

038/ / 168/ 000/000

Cd

Eff Area

434,847

CdStyle:ModelGrade:Stories:OccupancyExterior Wall 1Exterior Wall 2Roof Structure:Roof CoverInterior Wall 1Interior Wall 2Interior Flr 1Interior Flr 2Heat FuelHeat Type:AC Type:Total BedroomsTotal Bthrms:Total Half BathsTotal Xtra FixtrsTotal Rooms:Bath Style:Kitchen Style:EFFECTIVEGROSSLIVING

Family Conver.ResidentialGOOD2 Stories

Wood Shingle

Gable/HipAsph/F Gls/CmpPlastered

HardwoodCeram Clay TilOilHot WaterNone5 Bedrooms

12 RoomsAverageAverage

1101062214

030303

12110205010550

120202452476313920


Exhibit Item: 4

53


Exhibit Item: 4

54


Exhibit Item: 4

55


Exhibit Item: 4

56


Exhibit Item: 4

57


Exhibit Item: 4

58


Exhibit Item: 4

59

3. 10-300 •vO-'

UNITED STATES DEPARTMENT OF THE INTERfOR NATIONAL PARK SERVICE

NATIONAL REGISTER OF HISTORIC PLACES INVENTORY -- NOMINATION FORM

SEE INSTRUCTIONS IN HOW TO COMPLETE NATIONAL REGISTER FORMS TYPE ALL ENTRIES -- COMPLETE APPLICABLE SECTIONS

| NAME

HISTORIC.B.) Seavey House

AND/OR COMMON

LOCATIONSTREET & NUMBER

90 Temple Street_NOT FOR PUBLICATION

CITY. TOWNSaco 1st Hon AL DISTRICT

VICINITY OF

STATEMaine

DE NTY

CLASSIFICATION

CATEGORY—DISTRICT _3gUILDING(S)—STRUCTURE—SITE

—OBJECT

OWNERSHIP—PUBLICJCPRIVATE_BOTH

PUBLIC ACQUISITION—IN PROCESS

—BEING CONSIDERED

STATUS_X)CCUPIED—UNOCCUPIED—WORK IN PROGRESS

ACCESSIBLE—YES: RESTRICTED

X.YES: UNRESTRICTED—NO

PRESENT USE—AGRICULTURE —MUSEUM—COMMERCIAL —PARK—EDUCATIONAL ^PRIVATE RESIDENCE_ENTERTAINMENT _RELIGIOUS—GOVERNMENT —SCIENTIFIC—INDUSTRIAL —TRANSPORTATION—MILITARY —OTHER:

OWNER OF PROPERTYNAME

Mr. & Mrs. Robert P. OuelletteSTREET & NUMBER

159 Pleasant StreetCITY. TOWN

Saco VICINITY OFSTATE

Maine

LOCATION OF LEGAL DESCRIPTIONCOURTHOUSE.REGISTRY OF DEEDS, ETC. York County Registry of Deeds.STREET & NUMBER

CITY. TOWN

Alfred,STATE

Maine

1 REPRESENTATION IN EXISTING SURVEYSTITLE

DATEFEDERAL —STATE —COUNTY —LOCAL

CITY. TOWN STATE


Exhibit Item: 4

60

DESCRIPTION

CONDITION CHECK ONE

—EXCELLENT —DETERIORATED ^UNALTERED

DATE.£-GOOD _RUINS FALTERED _MOVED—FAIR _UNEXPOSED

DESCRIBE THE PRESENT AND ORIGINAL (IF KNOWN) PHYSICAL APPEARANCE

Designed by J.M. Littlefield of Haverhill, Massachusetts, the A.B. Seavey House of 1890 is an excellent example of the Queen Anne Style. It is in a very good state of preservation, and a complete set of the architect's plans- and specifications sur- vives.

The Seavey House is a detached dwelling with an attached stable. While the stable is a simple rectangle in plan, the house, typical of the Queen Anne style, has an irregular plan based loosely on a rectangle. The house is two and a half stories tall.

The principal facade, which, faces norths-east, is two bays wide with a corner tow er in addition. The building is of frame construction with a clapboarded first story and ornately shingled upper stories, capped by a hipped roof. The tower, which pro trudes from the east corner of the house, is three stories high, with an octagonal plan and a pyramidal roof. The rear portion of the house, extending to the south^-west, is covered by an extent Ion off the main roof, which, is also hipped in form.

A one-story facade porch, extends across the front wall to the point where the wall and tower join.

The fenestration of the house, again typical of its style, is varied. The tower f s first story has tall one-overdone double hung windows; the second story has two-over- one double hung windows and a square single sash, window; with, stained glass border; the third story features double hung windows, one^over-one, the upper light bordered in stained glass. Elsewhere in the house this variety is equivalent. Most of the windows are equipped with, external louvered shutters.

There are two entrances to the house, the main door being to the right side of the north-east facade, and a secondary entrance leading to the kitchen near the south corner where the house attaches to the stable. The main door Is single leaf panelled, and is partly glazed. The rear door Is single leaf with: three panels.

The architect's plans originally called for two chimneys, one near the front of the house and one near the rear. Only the latter was built, and consists of a single stack rising out of the south-west slope of the principal hipped roof.

The main facade half story carries a single gabled dormer with pediment. This dormer contains a rectangular single sash window of forty small square panes,

The north-west and south-east sides of the house are dominated by pedimented extensions which, provide three-sided bay windows for the first and second stories.

The stable is far more restrained stylistically than the house. It has a hipped roof topped by a square louvered ventilator.

Internally, the A.B. Seavey House is elaborate without being pretentious, A parlor; and sitting room, divided from each other by sliding doors, are entered from the front hall. Across the house to the north-west is a dining room with kitchen, pantry, and shed beyond. The carved oak woodwork typical of the period is all intact, though the house has. Otherwise been modernized to a degree (new; wallpaper and lighting


Exhibit Item: 4

61

Form No. 10-300a (Hev. 10-74)

UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE

NATIONAL REGISTER OF HISTORIC PLACES INVENTORY -- NOMINATION FORM

CONTI NUATION SHEET ITEM NUMBER PAGE

tures). The rooms have interesting shapes, reflected by the external features described above.

For its style, period, and location, the A.B. Seavey House is a fine example. Its Musically fine condition and well-documented construction and use over the past century make it an excellent nomination.


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01 SIGNIFICANCE

PERIOD—PREHISTORIC—1400-1499—1500-1599—1600-1699—1700-1799

X-1800-1899—1900-

AREAS OF SIGNIFICANCE--CHECK AND JUSTIFY BELOW_ARCHEOLOGY-PREHISTORIC—ARCHEOLOGY-HISTORIC—-AGRICULTURE .XARCHITECTURE—ART

—COMMERCE—COMMUNICATIONS

—COMMUNITY PLANNING

—CONSERVATION—ECONOMICS—EDUCATION—ENGINEERING

—EXPLORATION/SETTLEMENT

—INDUSTRY—INVENTION

—LANDSCAPE ARCHITECTURE—LAW—LITERATURE—MILITARY

—MUSIC—PHILOSOPHY—POLITICS/GOVERNMENT

—RELIGION—SCIENCE

—SCULPTURE—SOCIAL/HUMANITARIAN—THEATER

—TRANSPORTATION—OTHER (SPECIFY)

SPECIFIC DATES 1890 BUILDER/ARCHITECT j,M , L1ttlefield

STATEMENT OF SIGNIFICANCE

The A.B. Seavey House derives its primary importance from its well*-preserved condition and classic Queen Anne architecture. The existence of the architect's plans and specifications make it a, Kell documented example of Queen Anne stylins which should be recognized.

Its original owner, Mr. Alton B. Seavey was a Saco businessman interested in the artistic side of everyday life, he sold musical instruments, and was the sponsor of a domestic arts exhibition. His home was built in 189Q.

109


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63

[jjMAJOR BIBLIOGRAPHICAL REFERENCES.. .... .. .... - ...... ..... .,.,,, j

Fair field, Roy P.» S^ndsl. ^pigdles ^and itteeplea. Eortland? 1956

E0GEOGRAPHICAL DATA

A| 1 g| b 18 .2 17 18 tO I 14 .8 jl,712 .5.0ZONE EASTING NORTHING

Cl i I I I , I . , I 1,1.1..

j_L_J I . I . i . . IZONE EASTING NORTHING

D! . I I I . I . . 1 I . I . I . . IVERBAL BOUNDARY DESCRIPTION

STATE CODE COUNTY CODE

FORM PREPARED BYNAME/TITLE

stred, Student Assistant Robert L . Bradley, Architectural Historian "Frank A. Beard. Historian ____________________

ORGANIZATIONMaine Historic Preservation Commission

DATE 6/77

STREET & NUMBER242 State Street

CITY OR TOWN

Augusta,STATE

Maine

STATE HISTORIC PRESERVATION OFFICER CERTIFICATIONTHE EVALUATED SIGNIFICANCE OF THIS PROPERTY WITHIN THE STACE IS:

NATIONAL__ STATE___ LOCAL\L_

As the designated State Historic Preservation Officer for the National Historic Preservation Act of 1966 (Public Law 89-665), I hereby nominate this property for inclusion in the National Register and certify that it has been evaluated according to the criteria and procedures set forth by the National Park Service.

STATE HISTORIC PRESERVATION OFFICER SIGNATURE

GPO 892-453


Exhibit Item: 4

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