Applicant: Plum Creek Land Company

Date of Completed Application: September 4, 2001

Date of Public Hearing: October 25, 2001

Location of Proposal: Frenchtown Township, Piscataquis County

Zoning: (P-RP) Resource Plan Protection Subdistrict

Size of Parcel: 1,463 Acres (Under Option)
Acreage to be Subdivided: 78.4 Acres

Affected Waterbody: First Roach Pond

The Commission has identified First Roach Pond as a resource class 1B, management class 3, accessible, developed lake with significant fisheries, scenic, shore character, botanical and cultural resources.

Plum Creek Land Company has the option to purchase in fee a portion of a 1,463 acre parcel of land owned by Plum Creek Maine Timberlands, L.L.C. under an option agreement between the two companies. This portion of the 1,463 acre parcel include all acreage proposed for this subdivision. Under the terms of the option agreement, Plum Creek Land Company can require Plum Creek Maine Timberlands to convey conservation easements or conservation covenants over the remaining land directly to a holder approved by the Commission.

The 1,463 parcel, located in Frenchtown Township, contains 15.6 miles (82,411 feet) of shore frontage along First Roach Pond and around the North Inlet of First Roach Pond. This represents 79% of the total shore frontage of the Pond. The land has historically been used for forest management activities. The parcel is developed with two pre-Commission cabins on lots leased by the Plum Creek Maine Timberlands. These two leased lots will be offered for sale to the present lessees [Reference: Advisory Ruling AR 99-088].

Zoning Petition ZP 659, issued to the applicant in January of 2002, authorized a change in subdistrict boundaries for the 1,463 acre parcel to the (P-RP) Resource Plan Protection Subdistrict. The parcel is subject to the provisions of the Concept Plan for First Roach Pond (hereinafter, referred to as the "Concept Plan").

The Concept Plan, as submitted and approved by the Commission in January of 2002, contains provisions for the management, regulation and protection of the area for forest management activities and traditional recreational activities. The Concept Plan also guides future development within the plan area. Specifically, the Concept Plan provides for the development of up to 62 shorefront lots and 27 backland lots for single family residential use. The Concept Plan provides standards for development and other permitted uses and specifies uses allowed without a permit and those requiring a permit from the Commission.

The Concept Plan also provides for the permanent protection of 11.7 miles (61,808 feet) of shoreland and a total of 1,179 acres along First Roach Pond and the North Inlet, consisting of 160 acres protected by deed restrictions, 494 acres protected by conservation covenants (also referred to as "negative easements"), and 525 acres protected in perpetuity by a conservation easement proposed to be held by the Department of Conservation, Bureau of Parks and Lands.

The Concept Plan remains in effect until January 24, 2022, at which time the applicant may seek to renew the Concept Plan or the Commission may impose whatever alternative zoning classifications are then deemed to be most appropriate for the Concept Plan area.

The conservation measures will be triggered upon Commission approval of different aspects of this proposal as follows:

Commission approval of the Concept Plan triggered the conservation easement for 525 acres, which provides protection of the North Inlet and the area north of the proposed Peninsula Subdivision, the east shore to the existing state owned land, and the block of conservation area between the South Shore West Subdivision and the West Shore Subdivision.

Commission approval of any south shore subdivision (South Shore West, West Shore or South Shore Center) triggers the protection of the south and west shore conservation areas. Commission approval of any north shore subdivision (North Shore West or North Shore East) triggers the protection of the north shore conservation area. These areas, consisting of 494 acres of land and approximately 13,610 feet of shore frontage on First Roach Pond, will be protected through conservation covenants to be held collectively by the homeowner associations and by the individual camp lot owners. The Commission will have the authority to approve any amendments to and enforce the terms of these conservation covenants.

Commission approval of an individual subdivision triggers a commitment to dedicate the "common land" within the subdivision to the applicable homeowners association. No common land is proposed with this particular subdivision. However, all lot owners within this subdivision will be members of a homeowners association.

The applicant proposes to create a seven lot subdivision for single family residential use on 78.4 acres of the rezoned 1,463 acre parcel. The subdivision includes a total of 4,527 feet of shore frontage. The subdivision will be located on the peninsula that divides First Roach Pond from the North Inlet. The lots will be located on the portion of the peninsula that faces the shoreline of First Roach Pond. The North Inlet is buffered from development by a strip of conservation area approximately 430 to 800 feet in width located behind the lots. This strip is part of the area included in the conservation easement held by the Bureau of Parks and Lands.

The proposed lots range in size from 480,956 square feet to 485,922 square feet (approximately 11 acres each), with the amount of shore frontage along First Roach Pond ranging from 473 feet to 1,100 feet per lot. All lots in the proposed subdivision have less than a 5 to 1 lot depth to shore frontage ratio.

The applicant states that the lots within the Peninsula Subdivision, when taken within the context of the entire planned development on First Roach Pond, will provide buyers with a range of lot size options in response to market demand, will give buyers the option to keep the lots under the Maine Revenue Services tree growth program, and will keep the density of development low on the eastern end of the Pond.

The proposed lots are characterized by 5 to 10 percent slopes. The lots support a healthy hardwood forest which has recently been selectively harvested by Plum Creek Maine Timberlands at a 30 to 40 percent cut. A mix of age groups remain with maple, birch, ash and some softwoods being predominant.

Access to all Peninsula Subdivision lots will be provided by a new gravel road proposed to be constructed on the footprint of an existing land management road. The road will connect the subdivision lots to the Shaw Mountain Road. The new road will be approximately 4,750 feet long (3,300 feet of the road is located within the Concept Plan area) and 14 feet wide. The road will terminate at a 25 foot wide turnaround on the peninsula. The road will be set back at least 776 feet from the normal high water mark of First Roach Pond and at least 500 feet from the normal high water mark of the North Inlet, with the exception of one area where the road will be set back 430 feet from the inlet. The road layout is arranged to avoid alteration of the wetlands on the peninsula.

The applicant has submitted road cross-sections illustrating proposed construction methods along typical road sections and along wetland crossings. The road will be constructed above grade using geotextile fabric installed beneath 6 inches of gravel and over 12 to 18 inches of bouldery fill material. Runoff water will be dispersed as sheet flow beside the entire road length. Culverts, ditches, level spreaders and ditch turnouts are proposed only where the ground slope exceeds 4 percent to allow for the proper conveyance, water quality treatment, and erosion control of runoff from the road.

To connect the wetland hydrology as naturally as possible, wetland crossings will be constructed without culverts. To prevent sedimentation, silt fence and/or hay bales will be installed at the wetland crossing.

Building envelopes for the lots, as identified on the subdivision plat, are located between vegetated buffers to the lake and to the proposed access road. The buffers will maintain and protect a 100 foot setback from the normal high water mark of First Roach Pond, a 50 foot setback from the access road and a 20 foot setback from other property boundary lines. No shared driveways are proposed for this subdivision. However, lot owners are not precluded from constructing shared driveways.

All lot owners will be members of and collectively control an incorporated homeowners association, which the applicant shall incorporate prior to the first lot sale. The homeowners association Bylaws and Declaration of Covenants state that:

Deed covenants pertaining to all lots within the subdivision include the following restrictions:

Drinking water will be supplied by wells on individual lots and primitive or combined sewage disposal systems will be installed on individual lots. The applicant has submitted evidence that a sufficient and healthful water supply is likely to be available for the proposed lots within this subdivision.

Solid waste generated by individual subdivision lot owners will be accommodated at the Lily Bay Township Transfer Station facility. Disposal of liquid waste generated from septic tank usage will be the responsibility of individual lot owners. The only residential septic pumping business currently servicing the region is Thorp Septic Service, which hauls liquid waste to the Patterson Brothers disposal site in Abbot. This service is anticipated to be available until the end of the 2002 season. After that time, the liquid waste will need to be transported to sites further away, possibly as far as the Bangor/Brewer area, unless a new disposal site is created in the region.

A Class B high intensity soil survey was conducted on the subdivision parcel and along the proposed access road in order to identify and describe the soils within the site and to identify potential development limitations of the soils. The survey identified major soils to be Chesuncook, Danforth, Telos, Monarda, Wonsqueak, and Peachum series. The soils are found to be acceptable according to the Subsurface Wastewater Disposal Rules, except for the Monarda series which is poorly drained.

The locations of septic system test pits are shown on the subdivision plat. The soil types for the subdivision lots are 4B, 1C, 1D, 1E, and 10E, per the Maine State Plumbing Code. Site evaluation was based on septic systems with design flows intended for three bedroom residential dwellings and anticipates a 20 foot by 60 foot or a 20 foot by 45 foot disposal bed.

On site soils investigations submitted as part of the application indicate that a sufficient area of suitable soils exists on each lot for installation of individual sewage disposal systems. The soils in the subdivision area have also been found to be suitable for building sites, private driveways and accessory structures associated with single family residential use.

A wetland delineation was conducted on the subdivision area to identify wetland areas at the subdivision site and describe ecological characteristics related to wetlands. Eleven wetlands were delineated within this subdivision (shown as Wetlands G through Q on the subdivision plat). The wetlands are primarily classified as palustrine forested wetlands with some scrub-shrub components and small isolated emergent wetlands. The wetlands function for wildlife habitat, production export, groundwater discharge, and sediment and shoreline stabilization.

An approximately 9,000 square foot area within Wetland G was altered by the initial construction of the existing land management road previously used for access to logging activities. Construction of the proposed subdivision road will not impact any additional wetlands.

A phosphorus export analysis was conducted for the entire Concept Plan area, including the area comprising this subdivision. The total phosphorus allocation was found to be 61.87 pounds per year. The permitted phosphorus export allowed is 139.9 pounds per year. Since permitted phosphorus export exceeds total phosphorus allocation, phosphorus export from the project will meet state phosphorus allocation guidelines.

A Phase 0 archaeological survey was conducted in order to assess whether intact prehistoric or historical cultural resources exist within the project area. A surface survey of the Peninsula Subdivision area revealed no indications of prehistoric cultural activity or resources. The sensitivity for potential prehistoric site locations was determined to be low to moderate. No further archaeological investigations were recommended by the surveyors for the Peninsula Subdivision area.

Soil disturbance resulting from construction of the new interior road, driveways, lot clearing and road improvements are the general areas of concern for erosion and sedimentation control. Erosion control measures to be implemented are as follows: (a) development of a careful construction sequence, (b) rapid revegetation of denuded areas to minimize the period of soil exposure, (c) rapid stabilization of drainage paths to avoid rill and gully erosion, (d) use of on-site measures such as hay bales and silt fencing to capture sediment, and (e) use of best management practices to prevent long term erosion and sedimentation.

All erosion control devices, including silt fencing and drainage structures, will be installed prior to the commencement of work. Topsoil that is stripped from construction areas will be stockpiled at least 100 feet from wetlands and away from drainage swales, and will be temporarily seeded and mulched within 7 days. During grubbing operations, stone check dams or hay bale barriers will be installed at any evident concentrated flow discharge points. All disturbed areas will be promptly seeded and mulched, and if seeding does not catch to 75 percent, the area will be reseeded again until revegetated.

The Commission conducted a Public Hearing regarding Zoning Petition ZP 659, Subdivision Permit SP 3271, Subdivision Permit SP 3272, and Subdivision Permit SP 3273 on October 25, 2001, in Greenville, Maine. Issues raised specific to Subdivision Permit SP 3271 included (a) the effects of development on the commercial and recreational experience of moose watching in the North Inlet, (b) the appropriateness of the number and size of the peninsula lots, (c) the effects of permitting year-round development and electrical utilities within the proposed subdivisions, (d) the lack of a local disposal site for liquid waste generated from septic tank usage by the new lot owners, and (e) evidence of financial capacity from the applicant.

The State Soil Scientist has reviewed the application and visited the site of the proposed subdivision. He stated that the proposed development site has suitable soils and slopes for the intended purpose and that the applicant is intending to develop the site responsibly. He submitted the following recommendations:

The Maine Department of Inland Fisheries and Wildlife has reviewed the application and stated that the Department has no records of Essential or Significant wildlife habitats within the proposed project area. The water level in First Roach Pond is managed by a dam at the outlet of the Pond. The Department owns and operates the dam with specific fisheries management objectives to protect spawning and nursery habitat for wild salmon and brook trout in the Roach River. Summer precipitation is rarely adequate to maintain a full pond through the entire summer recreational season while a minimum flow is being provided to the Roach River downstream. Therefore, the Department recommended that lot owners be made aware of the fisheries management objectives and the likelihood of low water levels during the summer months. The Department also recommended that the wetland at the North Inlet should be adequately buffered from development with a corridor at least 250 feet in width.

The Natural Areas Program has reviewed the application and stated that there are no rare botanical features documented within the project area. The rare aquatic plant, Subularia aquatica (Water Awlwort) has been documented historically in the vicinity of First Roach Pond and may still occur there. However, the Natural Areas Program did not anticipate that the proposed activities would adversely affect the population if the plant does indeed occur in the area.

The Maine Historic Preservation Commission has reviewed the application and stated that some of the existing cabins on First Roach Pond may be eligible for listing in the National Register of Historic Places. However, the Commission stated that this project should have no adverse effect on architectural or archaeological resources. No further archaeological investigations were recommended.

The Piscataquis County Commissioners have reviewed the application and stated no objections to the proposal.

As reflected in the Concept Plan, residential subdivisions submitted pursuant to the Concept Plan are allowed uses with a permit from the Commission in this (P-RP) Resource Plan Protection Subdistrict.

As reflected by Section IV of the Concept Plan, subdivisions submitted pursuant to the Concept Plan must comply with the criteria of section 685-B(4) of the Commission's Statutes, 12 M.R.S.A., which states that the Commission shall approve no application unless:

As reflected by Appendix 1, Section 3.1,b(12) of the Concept Plan, filling, grading, draining, dredging or otherwise altering less than 4,300 square feet of P-WL3 subdistrict as proposed for the Peninsula Subdivision access road is a use allowed without a permit, provided such activity is in accordance with Section 10.17,A(6) of the Commission's Land Use Districts and Standards (ver. 03/02/2001).

The facts are otherwise as represented in Subdivision Permit Application SP 3271, Zoning Petition ZP 659, the Concept Plan, and supporting documents.

The proposed residential subdivision, submitted pursuant to the Concept Plan, is found to be consistent with the provisions of the Concept Plan.

As provided by the approved Concept Plan, the proposed residential subdivision is an allowed use with a permit from the Commission in this (P-RP) Resource Plan Protection Subdistrict.

The proposal complies with the approval criteria under the Commission’s Statutes, 12 M.R.S.A. Section 685-B(4). Specifically, the Commission concludes that:

The proposed access road complies with the requirements of Appendix 1, Section 3.1,b(12) of the Concept Plan in that construction of the access road will alter less than 4,300 square feet of P-WL3 subdistrict and the road will be constructed in accordance with Section 10.17,A(6) of the Commission's Land Use Districts and Standards (ver. 03/02/2001).

If carried out in compliance with the Conditions below, the proposal will meet the Criteria for Approval, Section 685-B(4) of the Commission's Statutes, 12 M.R.S.A., in accordance with Section IV of the Concept Plan.

The Standard Conditions (ver. 10/90), a copy of which is attached.

The Standard Conditions for Clearing (ver. 3/93), a copy of which is attached.

The Standard Conditions for Filling and Grading (ver. 8/91), a copy of which is attached.

At the time of application for a Land Use Regulation Commission Building Permit, each individual lot owner must submit a completed Form HHE-200 "Application for Subsurface Wastewater Disposal" with a system design and location in compliance with Maine State Plumbing Code Subsurface Wastewater Disposal Regulations in effect at the time that such Building Permit application is submitted.

The site of the current test pit on each lot is conditionally approved pending submission and acceptance of the Form HHE-200. Other locations may be proposed as part of individual Building Permit applications. However, such other locations, even those with suitable soil conditions, may not necessarily be approvable based on inter-lot dependencies, setback or other requirements.

The permittee must submit, for Commission review and approval, a sample deed for the subdivision lots:

Deeds conveying approved lots must incorporate the language of the sample deed as approved by the Commission. Leases entered into for approved lots must incorporate the restrictions imposed by Conditions 5A and 5B(1),(2), and (3) of this permit.

All subdivision soils and wetlands maps must be relabeled and updated to eliminate discrepancies. Specifically, the Wetland K crossing must be located along the existing land management road to avoid further wetland alteration.

Test pit data within the submitted wetland delineation report must be reviewed and revised or new data must be obtained to substantiate wetland determinations.

The subdivision road and driveways must be constructed in accordance with the design standards of this permit, the subdivision plat, the Concept Plan, and the above described review comments submitted by the State Soil Scientist. The road and driveways must be maintained so that they will not erode.

All areas of disturbed soil must be promptly stabilized, reseeded, and maintained in a vegetated state to prevent soil erosion.

Prior to the sale or lease of any lot, the permittee must inform all potential buyers in writing of the following matters:

The permittee must submit for Commission review, approval and signature a final plat for this subdivision, which meets the Commission's specifications for subdivision plats, integrates the above described review comments submitted by the State Soil Scientist, and is acceptable for recording in the Registry of Deeds.

This approved Subdivision Permit, including Conditions of Approval and the Subdivision Plat signed by the Director of the Commission, must be recorded and cross-referenced in the Piscataquis County Registry of Deeds. Upon such recording of the permit and plat, the permittee must promptly submit to the Commission the book, page and file numbers, and the date of such recording.

Prior to the advertisement, sale or lease of any subdivision lot, the permittee must implement the conservation measures specified under provisions of Zoning Petition ZP 659 and the Concept Plan, including specifically the conveyance of the conservation easement to the Bureau of Parks and Lands and the imposition of the deed restrictions and covenants, all in form satisfactory to the Commission.

Additionally, the permittee must submit to the Commission a copy of the Conservation Easement as executed by both parties. Upon demonstration to the Commission that the conservation measures have been so implemented and upon fulfillment of the conditions of this permit for the subdivision lots, the permittee may sell or lease the subdivision lots.

Prior to the advertisement, sale or lease of any subdivision lot, the permittee must incorporate a homeowners association for this subdivision. The Lot Owner Association Declaration of Covenants and Bylaws must describe any restrictions imposed by the permittee, including all those recited above.

Any changes proposed to the homeowners association covenants or bylaws, deed restrictions, conservation easement or conservation covenants must be approved by the Commission.

All provisions of Zoning Petition ZP 659 and the Concept Plan approved by the Commission remain in effect and are binding upon the permittee. In addition to its enforcement rights hereunder, the Commission reserves the right to enforce provisions of the conservation measures and approved Concept Plan.