North Shore gets OK from planning board

By ALEX STRICKLAND / Bigfork Eagle

A 290-lot subdivision east of Somers received a recommendation for approval from the Flathead County Planing Board last week.

The decision came a week after a public hearing on the proposal for the North Shore Ranch subdivision ran late into the night and inundated the board with public comment.

Board members all expressed concern over the density of the project, but voted 5-1 in favor of a positive recommendation. The only dissenting vote was from Frank DeKort, who said the project hadn't appreciably changed since it was unanimously denied in 2006.

Developers Sean Averill and Keith Simon dropped 20 lots from the proposal, increased open space, moved lots and park areas out of the flood plane and included a wide variety of studies not found in the last application since 2006. Questions surrounding traffic, groundwater, sewer service and other issues derailed the proposal last time.

Instead of proceeding to the county commissioners after the 8-0 vote to recommend denial that time, Averill and Simon instead opted for a "mid-course correction," according to Flathead County Planning and Zoning Office Assistant Director BJ Grieve.

Board member Marc Pitman said that while he wasn't fond of the project's density, he found comments by the U.S. Fish and Wildlife Service and Montana Fish, Wildlife and Parks against the proposal to be hypocritical.

"I say shame on them," Pitman said. If it (the land adjacent to the Waterfowl production area) is so critical, why don't they buy it?"

Representatives of both agencies spoke at the previous week's hearing about the threats to wildlife and waterfowl that such a large subdivision would cause.

The proposed subdivision would cover 360 acres, 70 of which would be put into a conservation easement as a buffer between the WPA and the lots.

Board Member Gene Dziza voted in favor of the development, but didn't give it a ringing endorsement either.

"This isn't my favorite subdivision," he said. "But after reading through all the comment and material, I know there's an impact to the WPA but we can't quantify that impact. The problem is coming up with a legally defensible way to deny it."

The board did add a list of conditions to the proposal, including ones that would move proposed pedestrian and horse trails further from the WPA and increased the setback of lots on the eastern edge of the property to lessen risk from hunters.

The WPA is one of the only public waterfowl hunting areas in the valley. Rifle hunting is also allowed.

Another condition was that it be stated explicitly to potential homebuyers that Pennsylvania Power and Light, who own and operate Kerr dam and thus regulate the height of Flathead Lake, hold flood easements on the subject property. Those easements, held all around the lake, essentially safeguard the company from being sued by landowners should the lake ever flood.

The last hurdle for the application is the Flathead County Commissioners, who should hear the proposal sometime in the next few months.