This court order (consent decree) is the result of out-of-court settlements of litigation initiated in 1974, 1986, and 1991. Although it deals primarily with the details and limitations upon barging operations, it also restricts CTC parking and bussing operations.

SECOND AMENDED JUDGMENT AND ORDER

STATE OF MAINE
CUMBERLAND, SS.
SUPERIOR COURT
CIVIL ACTION
DOCKET NO. CV 86 722

TOWN OF YARMOUTH; CHARLES HALE, KATHRYN HALE; ROBERT SEWELL, MARGARET SEWELL BUSCH, DEBORAH SEWELL BENSON, CHRISTINE SEWELL CLAPP, and KATHERINE SEWELL LECKEY, Plaintiffs.
V.
CHEBEAGUE TRANSPORTATION COMPANY, Defendant.

The Court FINDS that there is good cause for modifications to the Judgment and Order dated May 17, 1988 (the "1988 order") which terminated the then pending litigation in this matter, and with the consent of all parties hereto,

IT IS THEREFORE ORDERED AS FOLLOWS:

1. Winifred G. Blanchard (hereinafter "Blanchard"), who has agreed to be bound by the terms of this Second Amended Consent Judgment and Order and Chebeague Transportation Company (hereinafter "CTC") or either of them, or their agents, servants, employees, heirs, successors, assigns or those acting in concert with them, or with their permission, are hereby permanently enjoined from parking, or causing to be parked for commercial and non-municipal purposes, in excess of 165 motor vehicles (including any CTC busses) on the Blanchard Lot. For purposes of this Order "Blanchard Lot" shall mean the property which is more particularly described as Plot #l on a plan entitled "Section No. 1, Plan of Partition of Nancy H. Hamilton Estate" (which plan is recorded in the Cumberland County Registry of Deeds in Plan Book 22, Page 3). For the purposes of this Order, the "Right of Way" shall mean the Right of Way appurtenant to the Blanchard Lot and located on land now owned by Robert Sewell and others. Both the Blanchard Lot and the Right of Way are shown on a plan entitled "Plan of Lands Along Wharf Road, Cousins Island", (which plan is recorded in the Cumberland County Registry of Deeds in Plan Book 58, Page 46).
2. The parking of motor vehicles shall be limited to the Blanchard Lot. CTC and Blanchard, or either of them, or their agents, servants, employees, heirs/successors or assigns, or those acting in concert with them, are hereby permanently enjoined and restrained from the commercial, non-municipal stopping, standing, parking, staging and/or turning of any motor vehicles on the Right of Way or on other land of Blanchard adjacent to either the Blanchard Lot or the Right of Way. CTC shall be responsible only for the action of itself, its agents, servants, employees, successors or assigns, and/or those acting in concert with them and no one else. Subject to the foregoing, CTC may operate its Shuttle Bus (the "Shuttle Bus") or van across the Right of Way to service passengers of the CTC ferry boat operating from the Wharf Road pier. The Shuttle Bus or van shall not stop, stand, park, turn-around, back-up, load and/or unload at any time it is on the Right-of-Way. The Shuttle Bus or van shall move only in a forward direction into and out of the Blanchard Lot. The Shuttle Bus shall not be substantially larger than CTC's present used school bus and, when the Sewell residence on Wharf Road (the "Sewell Residence") is occupied, the Shuttle Bus shall operate with no greater frequency than is CTC's practice as of the 1993 operating season. Notwithstanding the foregoing, during periods when the Sewell Residence is not occupied, CTC may turn-around its Shuttle Bus or van at the head of the Right-of-Way nearest Wharf Road. If Sewell, or his family fail to provide CTC notice of the periods in which the Sewell Residence will be occupied, then CTC shall use its best efforts to determine if the Sewell Residence is occupied.
3. Blanchard and CTC, or either of them, or their heirs, successors or assigns, are hereby ordered to keep the Blanchard Lot used as a commercial, non-municipal parking area, entirely screened to ordinary view at all times from abutting properties by natural objects, plantings or fences which shall be harmonious with the immediate environs, well constructed and properly maintained at a minimum height of six (6) feet.
4. Blanchard and CTC, or either of them, and their agents, servants, employees, heirs, successors, assigns or those acting in concert with them or with their permission, are hereby permanently enjoined and restrained from using the Blanchard Lot or the Right of Way for commercial activity, including but not limited to, storage or passage of commercial equipment or loading or unloading of watercraft therefrom or for any other commercial purposes of any type from said property. Provided, however, that CTC, having conducted commercial barging activities at the Blanchard Lot prior to the effective date of the 1988 order, and its employees, agents, successors and those acting in its behalf shall be permitted to continue to utilize a portion of the most southeasterly boundary of the Blanchard Lot, which shore is also known as the 'Porgy Shore", as may be necessary for the continued loading or unloading of vehicles and supplies from a single barge with the following restrictions:
   1. The origin of the barge landing at the Porgy Shore and the destination of the barge leaving from the Porgy Shore shall be Chebeague Island only.
   2. The hours of barging and delivery of vehicles or equipment to be barged shall be limited to between 7:00 a.m. and 5:00 p.m., prevailing time. No vehicles or equipment to be barged may arrive at or be delivered to the Blanchard Lot for staging prior to 7:00 a.m., prevailing time. All vehicles and equipment to be barged or which have been barged shall leave the Blanchard Lot by 5:00 p.m. In addition, no vehicle may arrive at the Blanchard Lot for loading more than one-half hour prior to the barge's scheduled departure.
   3. The barging season shall be limited to the period April 1 through November 30 of each year and shall be further limited to a maximum of 82 days during each season. During the period June 1 through September 30 (hereinafter "the peak season") of each year barging activities shall be restricted to three (3) days per week, Tuesday, Wednesday and Thursday (excluding holidays). During the periods April 1 through May 31 and October 1 through November 30 of each year (hereinafter "the shoulder season") , barging activities shall be restricted to Monday through Friday, excluding Saturdays, Sundays and holidays. During the peak season of each year, should inclement weather, adverse tides, or equipment failure prohibit all barging activities on a Tuesday, Wednesday or Thursday, then Monday or Friday of such week may be substituted (excluding holidays).
   4. The number of round trips made by the barge shall be further limited to 10 in any week during the peak season and 12 in any week during the shoulder season.
   5. No more than one barge may be used and that barge shall have the following maximum dimensions: forty-three feet (43') length over all, forty-one feet (41') length at waterline, three feet (3') in height, twenty-four feet (24') in width, 2952 cubic feet of volume, and 100,000 pounds carrying capacity.
   6. The barging of "exceptional equipment" shall be limited to six round trips per year which shall occur during the shoulder season. "Exceptional equipment" shall include vehicles with 10 or more wheels or more than two axles, tractor-trailer trucks, well-diggers, equipment and vehicles on a flat bed trailer, ready mix concrete trucks, and house trailers.
   7. The barge shall be permanently moored at Chebeague Island and CTC may maintain a mooring at the Porgy shore for emergency use only.
   8. The barging of solid waste to the Blanchard Lot is prohibited.
   9. All vehicles and equipment are prohibited from stopping, standing, parking or staging within the Right-of-Way to the Blanchard Lot, along the northwesterly side of the Blanchard Lot abutting Big Creek and along the side of the Blanchard Lot abutting Big Creek and along the southwesterly side of the Blanchard Lot abutting properties now or formerly of Sewell and Hamilton as shown on the Plans described in Paragraph 1.
   10. The Town of Yarmouth shall be given access to Chebeague Transportation Company barging records annually.
   11. The Town Council of the Town of Yarmouth may waive any of the above restrictions (a-j) on a case by case basis.

It is further ordered, adjudged and decreed that this Second Amended Judgment and Order shall constitute the final judgment of the Court concerning all pending issues in this action. This Second Amended Judgment and Order shall supersede and replace the 1988 Order. A certified copy of this Second Amended Judgment and Order shall be forthwith recorded in the Cumberland County Registry of Deeds.

The Clerk of the Court is hereby directed to enter the forgoing Judgment and Order.

DATED: 2/7/96

/s/ Nancy Mills

Justice, Superior Court

The original court order was signed on November 16, 1976. On the same day, the following agreement was signed by Robert Blanchard, CTC, and the Town of Yarmouth, agreeing that CTC would provide 15 spaces in the Blanchard Parking Lot for use byYarmouth residents.

Agreement made this l6th day of November, 1976, by and between ROBERT G. BLANCHARD of Yarmouth, County of Cumberland and State of Maine (hereinafter "Blanchard") and CHEBEAGUE TRANSPORTATION COMPANY, a Maine corporation with a place of business in the Town of Cumberland, Cumberland County, Maine (hereinafter "Company") with TOWN OF YARMOUTH, a municipal corporation located at Yarmouth, County of Cumberland and State of Maine (hereinafter "Town").

WHEREAS, Blanchard is the Owner of property located off Wharf Road in Yarmouth, Maine, which property is described in a deed to the said Blanchard recorded in the Cumberland County Registry of Deeds in Book 2301, Page 402 and is further shown as Plot #1 on a Plan entitled “Section No. 1 Plan of Partition of Nancy H. Hamilton Estate" which Plan is recorded in the Cumberland County Registry of Deeds in Plan Book 22, Page 3, and which property and the right of way thereto is also shown as a Plan entitled "Plan of Land Along Wharf Road, Cousins Island", recorded in said Registry in Plan Book 58, Pages 46, 47, to which instruments and plans specific reference is made hereto; and

WHEREAS, the company is the Lessee of the Blanchard property described in the foregoing; and

WHEREAS, said Company, as Lessee aforesaid, operates a commercial parking facility on the property described in the foregoing; and

WHEREAS, the Town is the Owner of a public wharf and dock facility located at the end of said wharf Road in Yarmouth, adjacent to the property described in the foregoing; and

WHEREAS, for valuable consideration mutually exchanged, Blanchard, the Company and the Town have reached mutual agreement with respect to the allocation of parking spaces in said commercial parking facility; and

WHEREAS, the parties hereto wish to reduce their agreement to writing.

NOW THEREFORE, be it agreed as follows:

1. Blanchard and the Company, for themselves, their heirs, successors, administrators and assigns, agree that so long as a commercial, non-municipal parking facility is maintained or operated by them, their heirs, successors, administrators or assigns, on the property described in the foregoing, no less than Fifteen (15) parking spaces shall be reserved for residents of the Town of Yarmouth, Maine.

Dated at Yarmouth, Maine, this l6th day of November, 1976.

WITNESS:
/s/James S. B. KomLosy
/s/Henry Steinfeld
/s/F. Paul Frinsko

ROBERT G. BLANCHARD
/s/ Robert G. Blanchard

CHEBEAGUE TRANSPORTATION COMPANY
/s/Ernest P. Abrahamson, President

TOWN OF YARMOUTH
/s/James G. Pratt, Town Manager

For more information, call CTC at 207-846-3700 or send e-mail to: ctc@nlis.net.

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