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Lincoln Co. commissioners will vote on two Yaak subdivisions

by SCOTT SHINDLEDECKER
The Western News | April 11, 2023 7:00 AM

The Lincoln County Commissioners are poised to vote on two proposed subdivisions in the Lower Yaak area that have some area residents up in arms.

At the March 29 commission meeting, the meeting room was filled with folks who primarily oppose the South Yaak Subdivision. Concerns ranged from fire suppression, altering the character of the area, a commercial designation to water and a wildlife migration corridor.

At this Wednesday’s meeting, commissioners will vote on preliminary plats for it and the West Pine Subdivsion at 11:15 a.m.

According to application by property owner and developer Owen Baisden, they are seeking approval of a residential and commercial 78-acre parcel of land that will have seven single family lots ranging in size from 8 acres to 13.37 acres on the South Yaak. Those lots lie just north of the Yaak River Road.

One other lot, 0.30 acre, lies just south of the byway.

In the West Pine subdivision, five lots are proposed on 37.5 acres with residential commercial designations. Three lots, each about 10 acres in size, sit just north of Yaak River Road. A fourth lot, also north of the road and east of Pine Creek is 5.6 acres. The fifth lot, 1.42 acres, lies just south of the road.

While the U.S. Forest Service would provide protection from wildland fires, Lincoln County Planner Jesse Haag said the McCormick Volunteer Fire Department was not prepared to provide fire protection due to a lack of manpower.

The McCormick Fire District Board met in January to discuss the proposed subdivisions and suggested subdivisions incorporate water hydrants and other means aimed at self-sufficiency.

Haag said a payment in lieu would be used to recruit and train more volunteer firefighters. Others said they hoped some of the new residences would be home to younger people who may wish to volunteer with the local department.

Water sprinklers for each residence were also discussed.

Patrick Hooper, an area manager for Western States Fire Protection, said a sprinkler system is proactive and good for first responders. He added that 350 to 400 gallons of water would have to be maintained to operate a sprinkler long enough for residents to get out of their homes.

A dry hydrant was proposed for the West Pine subdivision to provide water for fire crews in the event of a structure or wildfire.

Matt and Toni Franke, folks who said they have lived in the Yaak for generations and own neighboring property, are concerned on a number of fronts.

“The wildland fire concerns are still not addressed,” Matt Franke said. “Everybody in the Yaak is concerned with subdivisions. We know we won’t stop subdividing, but we want to retain the character and quiet of the area.”

In terms of wildlife, Montana Fish, Wildlife and Parks Region 1 Supervisor Lee Anderson disputed an assertion in the subdivision application that was prepared by Brett McCully of McCully Consulting.

McCully’s evaluation of the area indicates there are no designated winter ranges, calving areas or migration routes in the proposed development. His report also indicated there are no obvious nesting areas or endangered species.

Anderson wrote a letter, dated Feb. 23, 2023. In it he said, “Although the applicant states otherwise in their Primary Review Questionaire, this area does provide important winter range for moose, elk and both deer species. Winter range is considered one of the most significant limiting factors to big game and habitat fragmentation of big game winter range can have negative impacts to area wildlife.

“This general area was identified as a grizzly bear movement corridor between the Cabinet Mountains and the Yaak and conservation efforts in the area have been undertaken to maintain a movement corridor for bears.”

According to Anderson, research by U.S. Fish and Wildlife Service biologist Wayne Kasworm, between 2010 and 2021, at least eight collared grizzly bears used the area at, or within a mile of the proposed subdivision.

Due to use by migratory birds in the area, state officials recommended a 300-foot buffer and building setback from the ordinary high-water mark of Pine Creek.

Haag said during the March 29 meeting that a wildlife buffer would be 200 feet.

Toni Franke said development should be focused where services are available.

“Everyone should be heard, not just the developers,” she added.

Terry Holmes said his parents bought land in the Yaak in 1946 and when his father returned from the Korean War, also bought land.

“I sit here as a native on the creek and I’m in favor of subdividing it,” Holmes said. “The Baisdens (owners of treatment facility Turning Winds) haven’t turned their existing property into a hell hole and I don’t believe they’ll do that to this land.”