Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 10 - LAND USE DISTRICTS AND STANDARDS › APPENDICES › Appendix 672-10-G - DESIGNATED AREAS OF CULTURAL OR SPECIAL SIGNIFICANCE (DACSS)

Current through 2024-29, July 17, 2024
1. Designated Area of Cultural or Special
					 Significance (DACSS).
Areas of cultural or special significance may be
					 designated by the Commission to facilitate expansion, reconstruction or
					 replacement, or relocation of structures that provide significant public
					 benefits to the surrounding community. A DACSS is intended to include discrete
					 geographic areas with significant cultural or other special features. Once
					 included in a DACSS, a structure may be expanded in accordance with Section
					 10.11,C,1,c, reconstructed or replaced in accordance with Section
					 1 0.1
										1,C,2,f, and relocated in accordance
					 with Section
					 1 0.11,C,3, of the Commission's rules.
					 Designation of an area as a DACSS does not preclude expansion, reconstruction
					 or replacement, or relocation of legally existing non-conforming structures in
					 accordance with other applicable provisions of Section 10.11.
a. Designation Criteria.
The Commission shall
					 designate an area of cultural or special significance upon finding that a
					 proposed area meets the following criteria:
(1) The proposed area is an iconic location containing
					 features that convey a sense of time or place to residents or visitors;
(2) The proposed area is a geographically definable area or
					 neighborhood composed of a finite group of related features that have a special
					 character, historical interest, or aesthetic value; and
(3) The proposed area provides a significant public
					 benefit, per Section 1,b.
b. Contributing Factors.
When evaluating
					 whether an area proposed for designation provides a significant public benefit,
					 as required by Appendix G, Section 1,c the Commission shall consider the
					 factors listed below. The Commission may find an area provides a significant
					 public benefit even if the area does not include features satisfying all of the
					 factors set forth in (1) through (4) below, provided the evidence offered for a
					 particular factor or subset of factors is compelling. In applying these
					 factors, the Commission may consider, among other evidence, documentation such
					 as published books, magazines, academic writings, or newspaper articles; other
					 historic records identifying the value of the feature or area; and visual
					 depictions such as postcards, images or paintings. The Commission also may
					 receive testimony by persons with special knowledge about applicable
					 factors.
(1) Cultural: Buildings, improvements or other features
					 that exemplify or reflect a group of people linked together by shared values,
					 traditional uses, beliefs, and historical associations;
(2) Historic: Represents a distinct historical period,
					 type, style, region, or way of life; is the site of an important historical
					 event, or is associated with historic events that have made a meaningful
					 contribution to the nation, state, or community; or represents a specific
					 business or use, which either once was common but now is rare, or continues to
					 have historical value as it currently operates.
(3) Architectural or Engineering: Exemplifies a particular
					 architectural style or way of life, construction materials or engineering
					 methods used to build features, or embodies elements of outstanding attention
					 to architectural or engineering design, detail, material, or
					 craftsmanship.
(4) Neighborhood or Geographic Setting: The proposed area
					 is in a unique location, or represents an established and familiar visual
					 feature of the community that draws residents and visitors, or structures or
					 features within the designated area include singular physical
					 characteristics.
c. Procedural Requirements.
In accordance with
					 Chapter 4 of the Commission's Rules, Rules of Practice, Section 4.06, any
					 person may petition the Commission for designation of an area as a DACSS.
					 Petitions must be in writing and identify the area proposed for designation,
					 specify the purpose of the proposed designation, and explain how the
					 designation conforms with the criteria set forth in Appendix G, Section1,a. In
					 addition to notification requirements described in Section 4.06(5) upon
					 receiving a petition to designate a proposed area the Commission shall notify:
					 (i) property owners within the area proposed as a DACSS; (ii) the municipality
					 or plantation where the designated area is proposed; (iii) the county if
					 located in an unorganized township; (iv) appropriate state and federal
					 agencies, to be determined by the Commission; and (v) tribal governments. Upon
					 designation of an area as a DACSS, a description of the designated area, its
					 purpose, and the facts substantiating the Commission's finding that the
					 applicant satisfied the criteria in Appendix G, Section 1,a shall be listed in
					 Appendix G, Section
					 2 of this chapter.
d. Removal of Designation.
Upon petition in
					 accordance with Chapter 4 of the Commission's Rules, Rules of Practice, Section
					 4.06, the Commission may remove a designation of a DACSS when the Commission
					 finds that the DACSS no longer meets the purpose of the DACSS listed in
					 Appendix G, Section
					 2, of this chapter or no longer
					 provides a significant public benefit based on the factors in Appendix G,
					 Section 1,b,(1) through
					 (4).
2.
					 Designated Areas.
The following areas have been designated as a DACSS in
					 accordance with the procedure described in Appendix G, Section 1.
a. Grand Lake Stream Plantation Boathouses and
					 Waterfront.
Grand Lake Stream Plantation is a place where fishing,
					 boating, access to water, and a strong connection to the past are key
					 components of its identity and culture and very important to its residents, as
					 well as the large number of visitors that come to the community each year. It
					 is a place to which people from all over the world travel for its culture, its
					 beauty, and importantly, the "old-time feeling" that makes it special.
(1) Designation Purpose. The purpose of listing the Grand
					 Lake Stream shorefront as a designated area is to provide the community an
					 opportunity to sustain the boathouses located on the iconic southern shoreline
					 of West Grand Lake that symbolize key components of its culture, and history,
					 and that convey a tranquil "old-time feeling" for the people that live in and
					 visit the community, and contribute to Grand Lake Stream Plantation's quality
					 of life and sense of place.
(2) Geographic
					 Boundaries. The designated area includes all structures within its boundaries
					 that are legally existing as of the effective date of this rule amendment. The
					 designated area specifically includes the two public boat launches and excludes
					 the man-made dam and any portion thereof, and is composed of the following two
					 sub-areas:
(a) Western sub-area. Extends northerly and westerly from
					 the intersection of the driveway for the public boat launch and centerline of
					 Shaw Road, along the centerline of Shaw Road, to the point where Shaw Road
					 crosses the inlet into Hatchery Cove; and extends on the lake side of the road,
					 to the extent necessary to include all legally existing structures.
(b) Eastern sub-area. Extends southerly from the end of
					 Canal Street, along the centerline of Canal Street, to the center of the
					 intersection of Canal Street and the driveway leading to the dam; and extends
					 on the lake side of the road, to the extent necessary to include all legally
					 existing structures.
(3) Facts Substantiating Designation of Grand Lake Stream
					 Plantation Boathouses and Waterfront as a Designated Area of Cultural or
					 Special Significance.
(a) The historic boat houses that have existed along the
					 shoreline at the southern end of West Grand Lake since the early 1900's are
					 part of what makes the area described in Appendix G, Section 2,a iconic. For
					 residents and visitors, the boathouses reflect the community, its culture, and
					 their shared value of traditional uses and an "old-time feeling."
(b) The boathouses in Hatchery Cove are representative of
					 the Maine Guiding Tradition and a specific way of life. They originally
					 sheltered steamboats used to transport sportsmen and other visitors to remote
					 lodges located around the lake. They have since been used to store boats for
					 visiting sportsmen, including the famous Grand Laker Canoe, which was designed
					 and built locally for conditions commonly found on the lake. Additionally, the
					 boathouses have been used by property and business owners to supply camps and
					 lodges located around the lake, and by the Maine Forest Service as a base for
					 firefighting operations. Although privately owned and used, the community
					 associates the boathouses with their past. One resident commented that all good
					 stories start with "we were down at the boathouses.... "
(c) The area described in Appendix G, Section 2,a,(1) is a
					 unique geographic location and represents an established and familiar visual
					 feature of the community that draws residents and visitors, and contributes to
					 a high quality of life for residents and economic activity from tourism.
					 Residents talk of children in the area, against the wishes of their parents,
					 jumping from the boathouses into the lake. Fishermen visit the area to check
					 the flow in the river and to launch their boats on the lake. Hikers, ATV
					 riders, paddlers and snowmobilers use the area to access the many nearby
					 recreational trails. Families and school groups come to swim and picnic. The
					 community holds events at the waterfront such as fireworks displays and
					 activities during the annual Grand Lake Stream Folk Arts Festival.
					 Photographers have a single place where they can capture many of the important
					 elements that contribute to the culture and sense of place that locals and
					 visitors experience in the community. Residents describe this area as Grand
					 Lake Stream's "working waterfront," and as the "core of the
					 town."