Based on LURC's decision, no land in Beaver Cove would meet the state's criteria for a subdivision, a somewhat dejected Hank McPherson of Burnt Jacket LLC said outside the meeting Wednesday.

"They established a hurdle today that can't be met," McPherson said.

McPherson had asked to rezone 246 acres of a 1,720-acre parcel to develop two residential subdivisions - 30 shorefront lots on Burnt Jacket peninsula on Moosehead Lake and 40 hillside lots. His concept plan also called for a 12-acre common lot for shore access for owners of the hillside lots.

LURC's denial of the plan Wednesday was hailed as a "landmark decision" by Jym St. Pierre of RESTORE: The North Woods, who spoke briefly during the meeting.

He said the decision would be a "touchstone" for future development proposals, inferring that it could play a role in Plum Creek's pending application for a zone change to develop 975 house lots and two resorts in the Moosehead Lake region. Plum Creek also has offered to permanently conserve more than 400,000 acres if the zone is approved.

Had McPherson proposed a smaller development on the bay facing Huber Corp. land where a subdivision was approved in earlier years, his chances for approval might have improved, a LURC staff member suggested Wednesday.

In its recommendation for denial of the zone change, the LURC staff determined McPherson's proposal failed: to promote orderly growth because it was too far from similar development; to show a need for the development; to conserve and protect the natural beauty and unspoiled qualities of the natural resources - the development was proposed in an area identified by LURC as having the highest ratings of natural values among lakefront in the area; and it would likely affect the traditional uses, especially water recreation on the southern portion of Moosehead Lake, and on timber harvesting.

Those findings were supported Wednesday by the commission. Commission member Edward Laverty praised the staff for conducting a "very thorough" presentation of the facts.

But McPherson found it lacking.

"I personally disagree with it ... We pretty thoroughly addressed all the issues," he told the commission. "I think the recommendation was weighted too far in one direction and not enough in another."

The developer, who said he had first proposed 150 lots but scaled it down after talking with LURC's Director Catherine Carroll, said he selectively picked the site because it was ideal for recreation and development and because it was in an organized town adjacent to Greenville, a service center community.

Had LURC staff told him his proposal wouldn't "fly" early on, McPherson said he probably would have done something different, referring to his approximately $150,000 plan.

Scott Rollins of LURC disputed McPherson's statement. He said staff members told McPherson up front there would be problems with that many lots and their location

Rollins said it became apparent to the staff that McPherson did not want to change his original plan. He said the staff takes great pride in working with applicants to ensure that all issues are addressed so projects can proceed.
"This content originally appeared as a copyrighted article in the Thursday, June 08, 2006 edition of the Bangor Daily NEWS and is used here with permission."