Land+Use+Zoning

=Land Use Zoning: Connecting North Haven to the Plum Creek Plan=

Jack Walker
Plum Creek Timber CO. is a company based in Seattle Washington. They own millions of acres of land all over the country. Plum creek is a group that works in logging and selling property. They are known for selling property that is not great for growing trees, for instance a waterfront property. Plum Creek also develops on land that they believe would be pristine for tourism. Unlike paper mills, Plum Creek is working for the long term investment. Plum Creek is an REIT company (or Real Estate Investment Trust). This means that they don’t have to pay income tax on the property they own, their shareholders do. Also with an REIT the shareholders gain or lose profit from how the property is doing.

Moosehead lake is a large lake area up near Greenville Maine that is one of the largest lakes in Maine. Moosehead lake area right now is split up into 14 different zones. These zones are: − General Management (M-GN) Subdistrict − Commercial and Industrial Development (D-CI) Subdistrict Development of businesses, and resorts − General Development (D-GN) Subdistrict development of housing in general − Residential Development (D-RS) Subdistrict Development of residential housing − Aquifer Protection (P-AR) Subdistrict Water lands Protection − Flood Prone Protection (P-FP) Subdistrict − Fish and Wildlife Protection (P-FW) Subdistrict Keeps fish and wildlife protected − Great Pond Protection (P-GP) Subdistrict Protection of Great Pond − Mountain Area Protection (P-MA) Subdistrict Protection of mountain area − Recreation Protection (P-RR) Subdistrict Protection of outdoor sporting − Soil and Geology Protection (P-SG) Subdistrict Protection of soil and geology − Shoreland Protection (P-SL) Subdistrict Protects Shorelands

These are the original zones for the Moosehead Lake area before the company Plum Creek had their proposal approved by the Land Use Regulations Committee (L.U.R.C) to change the zones to development zones.

Charlie Jones
In mid-December of 2004, Plum Creek proposed a massive rezoning plan for 408,000 acres around Moosehead Lake in the North Woods of Maine. This is the largest development plan in Maine’s history. On Plum Creek’s 22,000 acres of land rezoned for development, they plan to build 2,315 housing units, two resorts, and an uncapped amount of commercial development. At the same time, the plan would also create the largest conservation deal in Maine’s history: 386,000 acres of permanent conservation (“mainebiz.biz”). The enormity of the plan and the massive amounts of both development and conservation have made the Plum Creek proposal a very controversial topic over the past five years, and rightfully so. On September 23, 2009, the plan was officially approved by the Land Use Regulation Commission (LURC) a government appointed board responsible for Maine’s 10 million acres of unorganized territory (“mainebiz.biz”). However, the debate as to whether or not Maine will allow companies to develop the North Woods is far from over. Plum Creek is most likely the first of many interested developers who will attempt to make a profit off rural Maine. Thus LURC and the residents of Maine have to decide whether to make laws against developmental zoning in rural Maine, or not. Are we comfortable allowing our wilderness to slip away? What was approved by LURC this September is a 30-year plan for the rezoning of the land around Moosehead Lake (see Map 1). As described before, this area was previously zoned mostly as General Management, a zoning which includes forest harvesting for timber and paper companies. Plum Creek’s new plan would continue to zone some forest for harvesting, shifting other parcels to preservation, while also creating residential and/or commercial development zones. The conservation aspect of the plan is regarded by some, such as the Nature Conservancy who helped create the plan, as an “ excellent outcome” for Maine’s wilderness (“plumcreek.com”). 386,000 acres of some of Maine’s most beautiful wilderness would be permanently conserved, as long as Plum Creek is the owner (see footnote). This does not mean that it will be a state park; however, all the land zoned for conservation will be open to public access and will allow outdoor recreational use. Two types of conservation zones were indicated in this plan: one is a Balance Conservation Easement while the other is a Conservation Framework. The Balanced Conservation Easement would consist of 97,000 acres donated by Plum Creek to the Forest Society of Maine. While commercial and residential development wouldn’t be allowed on this land, infrastructure would be allowed. Infrastructure would include the following: Infrastructure would allow this area to remain a working forest. This means Plum Creek could make a profit by continuing to use this land. The remaining 266,000 acres of conservation land would be sold to the Nature Conservancy for $37 an acre. Infrastructure would not be allowed in these areas. The land would be protected from any sort of development, leaving it in its natural and wild state. The public would have access to low impact outdoor recreation such as camping, hiking, paddling, skiing, fishing, and hunting (“plumcreek.com”). Plum Creek’s plan also has a snowmobile trail easement in order to ensure the continuation of the motor sport in this area (“plumcreekplanmaine.com”). Plum Creek is making two other land conservation deals. One deals with land surrounding Roach Pond, east of Moosehead Lake. It would include 29,500 acres and would be zoned as part of the Conservation Framework to the Appalachian Mountain Club. The second deal includes 45,200 acres around the Moose River and Number Five Bog, southwest of Moosehead Lake. 15,000 acres of this deal, including the bog, would be put into the management of the Bureau of Parks and Land. This parcel would have all the protection of a state or national park since Number Five Bog is one of Maine’s most valuable natural habitats. The other 30,200 acres to the south of the bog would become working forest (“plumcreek.com”). The goal of this plan would be to commit many acres to conservation, while keeping forestry jobs in the area. This part of the plan is permanent as long as Plum Creek owns the area. Here is where the controversy arises. While this plan includes an amazing amount of conservation, organizations like Restore and the Natural Resources Council of Maine believe the positive impact of the conservation on the wilderness of the North Woods is ruined by the development component (“restore.org”). While only 22,000 acres of the 408,000 total acres are being rezoned for commercial and residential development, the amount being developed in this area makes it the largest development plan in the history of Maine (mainebiz.biz). This part of the plan is in affect for 30 years. After this time, Plum Creek could create a new development plan, but development still could not occur in the conservation zones (“plumcreekplanmaine.com”). There are five proposed residential and/or commercial development zones: Residential-Community, Residential Recreation, Rural Mixed-Use, Resort, and areas zoned for development which are not part of the 30 year plan and would remain undeveloped for the time being (“plumcreekplanmaine.com”). Most of the residential development would take place in the Residential-Community (D-RS2M) and Residential Recreation (D-RS3M) zones. Plum Creek has plans for a total of 2,315 housing units dispersed over the 20,500 acres designated for residential development including, 821 shorefront properties on 7 lakes and ponds. In the Residential-Community zone, houses could range from single occupancty to multi-family dwellings. Plum Creek also allows “community facilities” to be built within this zone. This term is a left as a gray area and is not obviously specified within the plan (“plumcreekplanmaine.com”). Residential Recreation would allow smaller scale development. Residential subdivisions would have low housing density. In the plan, this zone will be placed on high value land, such as on the banks of Long Pond (see Map 2). This enables Plum Creek to develop on shorefront and in more remote areas, under the pretext that the houses will be kept smaller, reducing their impact on the surrounding wildlife. Sections of the the Big Moose Mountain Resort would also have Residential Recreation zone, which would allow for single-owner year-round dwellings on the resort (“plumcreekplanmaine.com”). The Rural Mixed-Use zone (D-GN3M) would be similar to Residential Recreation in that it would allow low density and low scale residential housing; however, this zone also allows small scale commercial development. Plum Creek specifies commercial development as Rural Mixed-Use zones serve the purpose of being located close to or in a Residential-Community or Residential Recreation zone so that residents living in these areas would have commercial needs close by, such as a store or gas station (see map 3). These zones are specified in the Plum Creek plan to not be more than one road mile away from a Residential-Community or Residential Recreation zone (“plumcreekplanmaine.com”). While Rural Mixed-Use zones have a cap on the amount of commercial development allowed, Resort zones (D-GN2RM) would allow an unlimited amount of commercial development. These areas would also allow “tourism recreational development and large scale development appropriate to resorts” (“plumcreekplanmaine.com”). In this zone, two resorts would be created, one located on Big Moose Mountain and one at Lily Bay. Big Moose Mountain would be the larger of the two resorts. It would cover 4,200 acres and hold 800 resort accommodations (see Map 3). Lily Bay would cover 1,852 acres and hold 404 resort accommodations (“plumcreek.com”). This plan will greatly change the Moosehead Lake region. Even with the conservation, it can’t be denied that the wilderness of southern Moosehead will be gone with the rezoning of this land. On the other hand, the plan also allows for far more job opportunity than has previously been in this area. This could strengthen the local economy which then might attract new families to the towns around Moosehead. As I said before, the argument concerning Plum Creek’s zoning of Moosehead Lake is over, but the discussion over the development of the rest of rural Maine has just begun. Maine has about ten million acres of unorganized territory, land that isn’t part of a town government, that could be rezoned, as Moosehead Lake was, under current laws. However, it is not only unorganized land that is starting to receive attention from developers. Maine’s coast, including its islands, have attracted developers for several years (“workingwaterfront.com” ). Therefore, even North Haven could find itself in the middle of this emerging debate. (footnote) If Plum Creek does sell the land to another company, that company can choose whether it wants to follow the rezoning plan or not; However, the new company would not be allowed to keep only a section of the plan and do away with the rest. If Plum Creek backs out of the plan and can’t find a buyer, then LURC will follow the plan for five years, by which time they would have to decide what to do with the land.
 * Any development related to forestry management
 * Wind power or alternative energy
 * Septic disposal facilities
 * Roads
 * Utilities
 * 6 telecommunication towers
 * Power lines and generation facilities
 * 5 back country huts
 * Field disposal of sewage from surrounding development
 * Construction material removal activities
 * Boat launches for trailer boats including parking lots and
 * Public fire and safety structures (“sierraclub.org”)
 * Physical plants for energy generation and supply
 * Retail stores
 * Libraries
 * Laundromats
 * Convenience stores
 * Gas stations
 * Professional offices
 * Financial Institutions
 * Schools
 * Churches
 * Healthcare Facilities
 * Lodges
 * Clubhouses
 * Restaurants
 * Swimming pools
 * Bed and Breakfasts
 * Daycare facilities and
 * Community centers (“plumcreekplanmaine.com”)









Mallory Brown
 On North Haven island, the town has established 6 standard zones. These zones help the town organize what can and can not be erected in certain areas. The 6 zones are broken up into “the village”, “commercial”, “rural”, “shore land protection”, “resource protection” and “Fresh Pond watershed protection”. These zones all have specific regulations. In the village zone, new structures require 1/2 an acre of land, and the structure must be 50 feet away from any roads. Most of the village district in North Haven was established years before the town officially amended the zones. Those structures are referr ed to as non-conforming lots or “grandfather ed in.” If a person owning such a structure wanted to add something on to their land, they would have to follow very strict regulation s, one of which says that no addition to the property, for example a small shed, can have utilities or electricity. A big area of North Haven is zoned under the rural district. To build on land in this district you need to requires a minimum 2 acres. The structure must also be at least 75 feet away from the road. The second biggest district is the fresh watershed protection district. The regulations for this district and the resource protection are extremely strict. The main goal of these regulations is to keep construction from effecting the town water supplies. Fresh Pond provides water for every home in the village district. What the town is mainly worried about is mineral run off into the pond. For example minerals from the soil, wells, or old foundations. These regulations focus more on what you can build than what you can take down. To build in this area you must own more than 3 acres of land. You can not build campgrounds, anything commercial, golf courses, apartment buildings, junk yards, or dry cleaners. On the zoning map, one is a commercial district located in the Fresh Pond district. This brings us back to non-conforming lots. Since the town did not adopt zoning regulations until October 9, 1996 most of the houses on the island are non conforming lots, including the Fresh Pond commercial zone. The resource protection district covers 600 feet upland of the Fresh Pond perimeter. According to the land use and subdivision control ordinance for the town, people can use this area for low-intensity recreation and timber harvesting, with the proper permits. Also, no new structures can be built in that area. The town has made exceptions to this rule. A couple of years ago, the town erected a new water treatment facility in this district. North Haven’s commercial district is a little bit different than most commercial districts that you would find in other towns. North Haven zoning ordinances do not have a particular area for commercial construction. When a small business owner wants to build a facility for their business, they will bring their request to the planning board and they might rezone the area accordingly. The town of North Haven is trying to encourage small business, and because of this the planning board is in the process of expanding the village district, therefore alloeing a property owner to own less land and yet still be able to build on it. The Shoreland district is actually a state required zone. It’s the strictest of all the districts. This means that any area with any kind of shorline in Maine is required to have one. North Haven’s shoreline district was established in 1994, and the planning board is going to adopt a new plan in November. In this district, you can not have any buildings within 75 feet of the high water mark. In some specific protected areas, you can’t build anything within 250 feet of the high water mark. The high water marks are determined by FEMA. Most of the shops and businesses located in downtown North Haven are grandfathered into this district, expect for the new Waterman’s Community Center. Waterman’s had FEMA rezone that area so that they could build the new facility, but FEMA does not have control over mother nature. If the water gets to high Waterman’s could suffer potential damage. To lower the risk the building was reinforced with concrete. Some of the districts overlap, for example, the rural district and the Fresh Pond resource protection district. The planning board faces this problem all the time, but the solution is quite simple. You use the zoning regulation of the stricter district because it needs to be more protected. The town of North Haven’s planning board is in the process of proposing to expand the village district. The expansion of this district would allow people to build on smaller lots. The plan would also allow for more businesses to open up. This expansion would push into the Fresh Pond Watershed protection district. The expansion of the village district might also prevent a massive development. The town would much rather see a massive development in one concentrated area, or in a cluster. Rather then sprawled out across the entire island. When The Turner Farm on North Haven was put up for sale, the island became at risk for a massive company to come in a develop the whole section of the island. That is when the planning board decided it was time to up dat the zoning regulations, some of which have not been updated since the late 90’s.

Dorthe Westgaard
In the last couple of years, the battle over land seems to be returning. It once was a fight between countries for establishment. Nowadays the battles are happening between residents of the land and big companies who wish to develop the land. For the past 5 years, Plum Creek fought their way through obstacles they faced with revised proposals and all too familiar public hearings. Their efforts were proven successful with an approved plan that significantly benefits Maine. What if a large company wanted to develop most of the undeveloped land on North Haven, creating over 1200 more buildings? What would this mean for not only the current inhabitants of North Haven, but also the future ones?

North Haven as a town has a lot to offer. A new school, which because of its size is able to be an expeditional and experiential learning school. North haven also offers a grocery store, volunteer fire and rescue department as well as a couple of small restaurants. The current buildout map of North Haven reveals 740 buildings, with a maximum buildout allowing for 2,025 buildings. By drastically increasing the amount of residents living on North Haven, massive expansions in the following areas would need to happen in order to meet the needs of the town. The current school would not be able to meet the needs of it’s rapidly expanding community. With increasing class sizes, each child would receive less one on one attention from their teacher. That makes it easier to fall behind if the teacher doesn’t know that you don’t understand, which we all know is a huge problem at bigger schools. The school would not only undergo significant changes, but also the current infrastructure on North Haven. It’s a matter of course that it’s easier to exceed the needs of a smaller amount of people.

Another big issue would be drinking water. Most residents of North Haven use artesian wells (ground water) as their water supply. In the summer, the majority of residents rely on the fresh pond as a source of water. If these two resources are exhausted it will leave all of the people on North Havenwithout their drinking water. During a drought, residents are already restricted on the amount of water usage. What would this mean if the population more than doubles? The ferry transportation out to the island is provided three times a day. In the summer when the seasonal people come out, you can already notice an influx in traffic. The boat can take 17 cars, less if there are trucks coming out. North Haven would not only need to extend the amount of runs each day, but also there would be a need for a bigger boat. Getting off the island once in a while is important to a lot of residents.

To show an example of how town regulations could prevent big companies from buying a piece of land and use it for whatever they want to, you can look at Isleboro. In 2005, Leucadia National bought 80 acres of land and proposed a plan of developing 21 new house lots. However, with the towns “three-year growth-cap” ordinance,construction is limited to 12 new houses every year. With the ordinance, Leucadia had no chance of building 21 houses as first proposed. They quickly withdrew their proposal and returned with another application, this time with a 14-lot development. With a sudden influx of establishments, Isleboro’s natural resources, infrastructure, and possibly school system, would need to undergo drastic changes. North Haven does not currently have any regulations to stop anyone from building out huge amounts of land. By keeping the towns restrictions the same will leave the undeveloped land unprotected.