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1.
Gardner Land Company, Inc.
T3 R1 NBPP, Bill Green Pond
Penobscot County
5. Proposal The petitioner proposes to rezone 71 acres to a D-RS subdistrict for the purposes of a 15 lot residential subdivision. The preliminary subdivision design proposes shorefront lots ranging from 2 to 4.5 acres and slightly larger back lots. Final subdivision design and lot size will reflect information that is developed as part of the subdivision application and the Commissions guidelines for subdivision design.
7. Existing Development Existing development is located approximately 1 mile away by road at the intersection of the Arab and Engstrom Roads. This area is populated with a cluster of dwellings along the Arab Road and the southern and eastern shore of Silver Lake in Lee which appears to be a mixture of year-round and seasonal dwellings. This contiguous development along the Arab Road and around Silver Lake consists of well over 50 dwellings.
9. Existing Uses The petitioners property has historically been managed for commercial timber harvesting, traditional outdoor recreation, ice fishing, snowmobiling, and recreational camp leasing. Bill Green Pond abuts the property.
The nearest development zone is a (D-RS) Residential Development Subdistrict located approximately 2 miles to the east in along the northern shore of Number 3 Pond also in T3 R1 NBPP. This (D-RS) Residential Development Subdistrict was rezoned under a Zoning Petition in 1988. There are 6 lots within the subdistrict with seasonal camps already developed on some of the lots.
11. Dwellings on 5.2, 5.3, 5.4.Dwellings on 5.2, 5.3, 5.4.
12. Review Criteria Statutory and Chapter 10
Pursuant to Section 685-A,8-A of the Commissions Statutes, and Section 10.08,A of the Commissions Land Use Districts and Standards,
A land use district boundary may not be adopted or amended unless there is substantial evidence that:
The proposed land use district is consistent with the standards for district boundaries in effect at the time, the comprehensive land use plan and the purpose, intent and provisions of this chapter; and
The proposed land use district satisfies a demonstrated need in the community or area and has no undue adverse impact on existing uses or resources or a new district designation is more appropriate for the protection and management of existing uses and resources within the affected area.
13. Review Criteria Comprehensive Land Use Plan
In accordance with the Commissions Comprehensive Land Use Plan,
Under Chapter 5, Section II, A, it is the Commissions goal to guide the location of new development in order to protect and conserve forest, recreational, plant or animal habitat and other natural resources. Further it is the Commissions policy in communities or areas without prospective development zoning to encourage orderly growth within and proximate to existing, compatibly developed areas (the so-called adjacency criterion) i.e., existing development of similar type, use occupancy, scale and intensity to that being proposed. As stated under this particular standard of its Comprehensive Plan, the Commission has generally interpreted the adjacency criterion to mean that rezoning for development should be no more than a mile by road from existing compatible development.
14. Review/Public Comments CWA & Lake Street Real Estate cited local interest in purchasing lakefront lots and asserted the positive impacts of this type of development on the local economy. The Maine Snowmobile Association supported the project, citing its mix of shorefront and back lots and the positive economic impacts it would have locally. The Selectmen of the Town of Lee supported the project, citing positive economic impacts locally. The Penobscot Valley Council of Governments took no position regarding the proposal, but noted no negative land use impacts associated with the development based on available municipal and regional planning documents. The Penobscot County Commissioners supported the project, citing the mixture of shorefront lots and commercial forestland, positive economic impacts, the addition of housing stock in the Lee-Lincoln area, and the modest number of lots which will ensure the pond remains available for traditional recreation.
15. Review/Public Comments The Maine Historic Preservation Commission expressed concerns that portions of the project within 50 meters of the lakeshore are sensitive for prehistoric archaeological sites and require a Phase I archaeological survey. (The Phase I archaeological survey will be conducted prior to the subdivision permitting stage) The Maine Natural Areas Program indicated that there are no rare or unique botanical features within the vicinity of Bill Green Pond in T3 R1 NBPP. The Maine Department of Inland Fisheries and Wildlife, Enfield Wildlife Division, commented that there are no areas identified as Essential or Significant Wildlife Habitat on or around Bill Green Pond.
The LURC Planning Division confirmed that the proposed rezoning is approximately 1 mile from existing, compatible development on Silver Lake in Lee. It found that the existing development on Silver Lake is of a similar type, use, occupancy, scale and intensity to that being proposed.
The State Soil Scientist indicated that Bill Green Pond has suitable soils and slopes for development.
16. Conclusions The proposed rezoning of approximately 71 acres from a (M-GN) General Management Subdistrict and a (P-GP) Great Pond Protection Subdistrict to a (D-RS) Residential Development Subdistrict is consistent with the standards for district boundaries, the Commissions Comprehensive Land Use Plan, and the purpose, intent and provisions of 12 M.R.S.A., Chapter 206-A
17. Conclusions The petitioner has submitted evidence to show that the proposed rezoning is in compliance with Section 685-A,8-A of the Commissions Statutes, and Section 10.08,A of the Commissions Land Use Districts and Standards. Specifically:
18. Conclusions A. The petitioner has shown that the proposed land use district is consistent with the Comprehensive Land Use Plan, especially the policy to encourage orderly growth within and proximate to existing, compatibly developed areas (the so-called adjacency criterion) i.e., existing development of similar type, use, occupancy, scale and intensity to that being proposed. As stated in the Plan, the adjacency criterion generally means that most rezoning for development should be no more than one mile by road from existing, compatible development.
19. Conclusions
20. Conclusions The petitioner has submitted sufficient information to demonstrate that the proposed land use district is consistent with Chapter 5 of the Commissions Comprehensive Land Use Plan, specifically with the Commissions goals and policies to guide the location of new development in order to protect and conserve forest, recreational, plant or animal habitat and other natural resources. The configuration of the proposed lots, to be finalized at the subdivision review stage, must conform with the Commissions subdivision design standards for subdivisions. In addition, the petitioner will continue to conduct timber harvesting on the undeveloped portion of the property and will continue to allow traditional outdoor recreation on the remainder of its holdings in T3 R1 NBPP.
21. Conclusions The petitioner has submitted sufficient information to demonstrate a need for the proposed rezoning in the community or area as related to the Commissions Guidelines on Demonstrated Need. Specifically:
(1) Community Support The petitioner has provided a number of letters of support for the project. Letters were received from local and county government officials, local realtors, and a recreational organization. The letters attested to the importance of this proposal to the local community and its businesses.
(2) Compatibility with Community Character The proposal is consistent with community character, in that the type of seasonal residential development proposed is similar to proximate seasonal development in Lee and will not significantly alter the character of the immediate area.
22. Conclusions (3) Availability of Vacant Lots/Units There is currently one waterfront property in T3 R1 NBPP Township available for sale. There are relatively few recreational properties available for development in the surrounding communities.
(4) Impact on Community Services The petitioner has provided letters from the Penobscot County Sheriffs Department, trash hauling and disposal services, and well drilling and septic services regarding their ability to provide services to the proposed development.
23. Conclusions D. The petitioner has submitted sufficient information to demonstrate that the proposed rezoning will have no undue adverse impact on existing uses or resources. Specifically, the area proposed for rezoning is located close to existing, compatible development and roads, thereby minimizing impacts upon public services and infrastructure.
24. Conclusions The proposed rezoning is consistent with the provisions of Section 10.25,A of the Commissions Land Use Districts and Standards, in that the proposal would not adversely affect the natural resource values, water quality, traditional uses, regional diversity, or natural shoreland character of Bill Green Pond; the proposal would cause no landowner inequity; and the proposal would be consistent with the goals for Management Class 7 lakes.
25. Staff Recommendation Based upon the above information, staff recommends that Zoning Petition, ZP 706 as proposed by Gardner Land Company, Inc. be approved.
