Cumberland Chebeague LAnd Trust

Rose's Point



Public Access: Yes, by boat, to the beach adjacent to the boatyard

Description and History:

In November of 1986 one of the Trust's founders heard that the owner of this Rose's Point property was about to go before the Cumberland Planning Board with a request to create a subdivision on a tract of land adjacent to the Chebeague Island boatyard. In 1983 the Federal governement had designated this land as a Coastal Barrier Zone because of its low elevation and it was more that ten acres of undeveloped land. The tract also included a large freshwater pond located behind a barrier beach. Even though protected by dune grass, the pond was frequently breached during a big storm. The public had used the upland and intertidal zone for generations for recreation and boating.

The goals for the project were clear: protect the environement and preserve public access. Trust directors negotiated with the landowner for nearly a year before a final agreement was reached. Maine Coast Heritage Trust, and the Island Institute served as advisors to the project. Oceanside Conservation Trust of Casco Bay worked as a partner to CCLT, then called Cumberland Mainland & Islands, by holding the easement until CCLT's corporation papers and IRS ruling were in place.

The pond is protected by an easement, which prohibits the construction of any structures within 250 feet of high water. Bridges over the pond or paths through the areas around the pond are not allowed. The easement allows for access to the protected property with permission for monitoring and educational purposes. A stand of trees between the house lots and the pond was also protected, although the easement allows for views to be maintained as they existed at the time of the easement. New views can be created if the old veiws are allowed to grow back to trees. CCLT photographed the area and documented every tree as to size and location as part of its baseline data for the project. Although six lots were carved out behind the pond, the owners of those lots were not granted direct access to the shore, but they were given access to a narrow strip of shoreline which abutted the intertidal zone. The landowner deeded a ten foot public access easement on Lot 1, adjacent to the Chebeague Boatyard, to the Town of Cumberland (now the Town of Chebeague Island) for the use of the lot owners and the general public. The landowner also agreed that any rights he might have in the intertidal zone abutting the protected area were extended to the public.

The agreement also provides a visual easement that preserves the overall appearance of the property from the waters of Casco Bay. The spectacular Fall view of Rose's Point with its backdrop of swamp maples and expanse of white sand abutting the sparkling blue ocean will remain a constant for the people of Casco Bay.

Donna Miller Damon