Quote:
Originally Posted by jeffk
Yes, interesting questions but it seems the time to answer them would have been BEFORE approvals were given. As I understand it, the owner went to all the proper agencies and got all the proper approvals. Rules are important but the time to apply them is BEFORE approvals are granted. If height was all that important, perhaps the approval should clearly state that condition/restriction in the body of the approval, in red, BOLD, especially since this problem seems to reoccur.
What is really puzzling is that the building, not actually over the lake any longer, is possibly better for the lake? The DES is the fussing over the HEIGHT, which has WHAT to do with the environment? There are houses nearby that are close to the water so it's not like this one building is creating a big visual impact unusual to the area.
A lot of fuss over a very minor issue. For a state with pretty limited government, it sure can kick up a lot of dust from time to time.
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Agreed 100%, in fact their stated objection makes little sense considering that the wetlands board suggested that now that the "boat house' being moved 10 foot back is and should be classified as an accessory structure which by it's very definition does not pose restrictions on height albeit the town permit did have a stated height restriction.
The fact the supreme court has to step in on this is a complete and utter waste of state resources.
I'm betting this will be ruled in favor of the land owner. They are doing what they were permitted to do. If the DES permits were issued in error the land owner should not have to pay for that after the fact especially because what they are doing is not in anyway damaging to the lake according to the review done by the wetlands board. The fact the land owner even offered to take additional mitigation steps which were rejected also makes me really question the overall DES objection and what is really the driving force behind it.
To bad, there are folks over at DES that do an outstanding job and at least in my dealings with them they have really been helpful, reasonable, and overall great to work with.