Utility Line Permit ULP 417

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Utility Line Permit ULP 417

• Applicant Eastbrook Timber Co., Inc.
• Authorized Agent Hartts Electric
• Location Lake View Plantation
• Piscataquis County

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(No Transcript)
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Zoning Map
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Proposed Activities

• Install approximately 21,000 feet of utility line
  along an abandoned rail road bed used for
  residential traffic. This is After-The-Fact.
• The proposed utility lines would set back more
  than 100 feet from the normal high water mark of
  Schoodic Lake at a height no greater than 40
  feet.
• Total number of would be approximately 100, one
  every 230 feet and be screened by dense
  vegetation.

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Site Plan
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Site Photos
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more Site Photos
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Background

• Before January 1989 the Godsoe heirs and the
  Drummond heirs jointly owned a large portion of
  land on the eastern side of Schoodic Lake.
• In January 1989 the Godsoe heirs and the Drummond
  heirs divided the astern shore of Schoodic Lake
  roughly in half.
• The Godsoe heirs retained the southern portioned.

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Background continued

• The Drummond heirs retained the northern portion
  with a deeded right-of-way along the abandoned
  railroad bed. The deeded right-of-way not only
  allowed for ingress and egress but also allowed
  for the purpose of constructing utility lines and
  pipes within the confines of the right-of-way.
• Since 1989 the parcels retained by the Godsoe
  heirs and the Drummond have changed hands.

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Background continued

• The Godsoe heirs have sold their parcel to Lake
  View Realty Trust. Subsequently in August of
  1999, Lake View Realty Trust was issued a
  Subdivision Permit SP 3264. As part of Lake View
  Realty Trusts Subdivision Permit application
  they proposed and were granted a conservation
  easement along the abandon rail road bed in their
  northern ownership.

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Background continued

• The Drummond heirs sold their parcel in whole to
  John Hancock Mutual Life Insurance Company, along
  with conveying all previously deeded right-of
  ways.
• In March of 2004, John Hancock Mutual Life
  Insurance Company, sold the parcel again along
  with conveying all previously deeded right-of
  ways to East Brook Timber Company.

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Background continued

• Subsequently since Eastbrook Timber Company has
  taken ownership of the parcel it has been further
  divide into 7 lots. 4 existing lease lots have
  been sold, two lots have been created for
  residential development, and the last lot was
  retained by Eastbrook Timber Company for forest
  management activities.

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Background continued

• June of 2005, during a staff site inspection it
  was observed that approximately 95 poles had
  already been installed without permit approval.
  All poles were installed along the abandoned
  railroad bed within the ownership of Eastbrook
  Timber Company.
• Eastbrook Timber Company was issued a Notice of
  Violation on June 16, 2005.

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Review Comments

• The Maine Historic Preservation Commission
  concluded that the project will have no effect
  upon historic properties.
• The Lake View Plantation assessors expressed no
  objections.
• The Maine Natural Areas Program concluded that no
  rare or botanical features were located on the
  proposal site.
• The Maine Department of Inland Fisheries and
  Wildlife expressed no objections.
• The Piscataquis County Commissioners expressed no
  objections.

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Review Comments continued

• The LURC Planning staff reviewed the proposal and
  had the following comments. Schoodic Lake has
  been identified as a Management Class 3, 5 lake.
  Management Class 3 lakes are those lakes that the
  Commission has identified as potentially suitable
  for development. The Commission supports
  additional responsible development around Class 3
  lakes, yet will take care to ensure that their
  significant natural resource values are
  conserved. Management class 5 lakes are those
  lakes that the Commission has identified as being
  highly developed. Based on this information,
  Schoodic Lake has been identified as suitable for
  development, such as the proposed utility line.

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Review Comments continued
The proposed utility line has been sited in such
a manner (along an existing roadway) so as to
minimize both the environmental and aesthetic
impact. This said, the utility line proposal is
also located in close proximity, less than a
mile, to Seboeis Lake which is a Management Class
7 undeveloped, resource Class 1A lake which the
Commission has identified as lakes of statewide
significance with two or more outstanding values.
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Review Comments continued
Any future extension of a utility line to Seboeis
Lake could have an adverse environmental impact
on that lake. Consequently, the planning
department does not have serious objections to
the proposed extension of power along Schoodic
Lake but would likely have objections if there
were ever a proposal to extend power to Seboeis
Lake either from the proposed line or other lines
originating elsewhere.
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Review Criteria

• Under provisions of Section 10.22, C(27) and
  Section 10.23, C(19) of the Commissions Land Use
  Districts and Standards, utility facilities,
  excluding service drops, may be allowed within a
  (M-GN) General Management Subdistrict and a
  (P-GP) Great Pond Protection Subdistrict upon
  issuance of a permit.
• In accordance with Chapter 5, Section II, D, 2 of
  the Commissions Comprehensive Land Use Plan, it
  is the Commissions policy to require that new
  utility lines, pipelines, and their associated
  facilities be (a) located within or adjacent to
  existing utility or public road rights of way to
  the extent practicable (b) constructed and

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Review Criteria continued

• landscaped so that they do not degrade natural
  values and (c) located so as not to
  inappropriately encroach upon or change the
  character of remote areas, or produce an
  intensity of use that is inappropriate for a
  particular area.

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Conclusion

• Based upon the above Findings, the Commission
  concludes that, 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.

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Staff Recommendation

• Staff recommends approval for the 21,000 feet of
  utility line. The applicant has demonstrated
  Right Title and Interest and that there would be
  no adverse impacts to Schoodic Lake.