Moultonborough boathouse case heading to Supreme Court

Lakegirl24 · 04-14-2019, 02:05 PM

Thinkxingu,

I really hope you’re right. What was proposed is absolutely NOT what is there. A structure that was supposed to be a 17 ft shed for a boat “replacing IN KIND” is DEFINITELY not what happened. That’s why he was SO protective over showing the plans. When I finally did see the plan it was looking more like a house but only about 16-17 ft high.....not 28-29 ft. It’s just UGLY. Brings down property values and takes away views that have been accessible for the last 60 yrs. He has all the pipes in for septic etc in order to make it a second home on one property. I’m STILL just shaking my head. He believes he is truly untouchable. He basically laughs at the whole neighborhood, town and now the State. If they let this fly it will set a new precedent for what is allowed to be built.

Woody38 · 04-14-2019, 06:41 PM

Lakegirl

Such a shame neighbors can be this way. Have also been some of this route with neighbors in Massachusetts. First, when fence fell down and we replaced with a stockade 6" high. However on the rear line a post and beam (i think that is what it was called) which replaced what was there. We surveyed the lot beforehand. When the rear line fence was being replaced the woman came yelling into our yard, was told the lot was surveyed. She wanted to see the survey. Ha, I told her if she wanted a survey do your own.
Fast forward.
Planning a Carriage house to complement the 108 y/o residence, everyoneon the 2 streets behind us came to the hearing. One lawyer gave each one thing to say. The one I loved was the woman behind us saying I was raping the land by taking down the trees. Now, we love trees, however, these trees were infested with ants , coming down anyway.
Construction was completed and we had an $80 thousand 2 story 3 car carriage house.
Now I should mention we love a good fight, esp. when we are right. But, will give on even when we know we are wrong. Extremely seldon.

I apologize for the length of this. Hope the issue is settled in the manner it should with the structure being removed.

ApS · 04-14-2019, 08:44 PM

I don't doubt that MAXUM's assessment is correct.

The NHSC ruled against keeping the Wolfeboro Airpark an operating airport. This was not in keeping with the NH Legislature's desire to keep small NH airports in operation. I have mixed feelings about this, as the floatplane operation could never have succeeded against the huge wakes we're seeing on Winter Harbor. (Or even the crayfish succeeding against those same wakes—for that matter).

The one Winter Harbor private floatplane ramp was taken out a handful of years ago and the property sold off.

Quote:

Originally Posted by Lakegirl24

Thinkxingu, I really hope you’re right. What was proposed is absolutely NOT what is there. A structure that was supposed to be a 17 ft shed for a boat “replacing IN KIND” is DEFINITELY not what happened. That’s why he was SO protective over showing the plans. When I finally did see the plan it was looking more like a house but only about 16-17 ft high.....not 28-29 ft. It’s just UGLY. Brings down property values and takes away views that have been accessible for the last 60 yrs. He has all the pipes in for septic etc in order to make it a second home on one property. I’m STILL just shaking my head. He believes he is truly untouchable. He basically laughs at the whole neighborhood, town and now the State. If they let this fly it will set a new precedent for what is allowed to be built.

I have a similar situation: in order to share the septics with their neighbor, these particular neighbors kept the number of bedrooms down to two. Now that they have their CoO, they've converted the two-car garage to a bedroom.

The rare interaction with the neighbor they share the septics with has been totally one-sided; understandably, those neighbors are moving away.

I don't say "boo" to them, and have never exchanged a single word.

Can you guess why?

Lakegirl24 · 04-16-2019, 01:25 PM

Hi All,

I’ve been looking to find out when the Supreme Court case is and found that it won’t specifically say Corr’s....It will have DES as part of the title. This is what I need to look for: Appeal of NH Department of Environmental Services (DES)
Docket # 2018-0650

I’m really hoping DES prevails. The public can also attend ....but get this....THE SUPREME COURT CAN THEN TAKE 6-12 MONTHS TO MAKE A DECISION..... REALLY?????

Woodsy · 04-16-2019, 01:58 PM

Lakegirl....

I know it sucks as you want a decision ASAP, but the wheels of justice turn slowly. Given the weight & legal precedence Supreme Court decisions carry, and the research that needs to be done... 6-12 months is reasonable. If you are lucky you might get a decision in the fall.

Woodsy

LIforrelaxin · 04-16-2019, 05:24 PM

Quote:

Originally Posted by Lakegirl24

Hi All,

I’ve been looking to find out when the Supreme Court case is and found that it won’t specifically say Corr’s....It will have DES as part of the title. This is what I need to look for: Appeal of NH Department of Environmental Services (DES)
Docket # 2018-0650

I’m really hoping DES prevails. The public can also attend ....but get this....THE SUPREME COURT CAN THEN TAKE 6-12 MONTHS TO MAKE A DECISION..... REALLY?????

Unfortuntely, this is the way these things go... Regardless of the outcome, the supreme court is here both sides is only step one. Then they will go off and do their do diligence. I agree with Woodsy, 6-12 months is reasonable... However how long will it take to get the case in front of the supreme court. Well that is a variable as well.... it could well be still 6 months for that to happen if not longer.... All said and done, I don't think there will really be definitive answers to what is going on until next year....

As a neighbor on the road, I too want to see this issue resolved...

bigpatsfan · 04-17-2019, 12:46 PM

Agree that six to twelve months is a long time but as others have mentioned the Court needs to review past rulings and use those rulings along with the Law to render a decision.

This decision is not only for this case but will be used in other cases for many, many years to come.

Good luck

Lakegirl24 · 04-17-2019, 07:32 PM

Bigpatsfan,

Very true... I really hope they realize the precedence they will be setting on the lake for years to come. GREAT POINT! �� From what was essentially to be a storage shed for a boat to NOW a house that is nonconforming and no where near with in the setbacks. —By the way my brother reminded me that this is the 2nd non conforming structure on that lot. There’s also a shed that the previous owner was up front with my Dad showed him the plans and stuck to his word. It didn’t infringed on anyone’s view so my Dad was ok with it. This guy thinks the rules don’t apply to him from building this structure to the 150ft law on the water. He takes off 10 ft off his dock. SMH

TiltonBB · 04-17-2019, 07:47 PM

If the shed was built after the period where it would be grandfathered, or was built without a permit , or in any way constitutes a zoning violation, I know what I would do..................

And, if there was a consistent time of day he takes off from his dock, or it is a regular occurrence and the Marine Patrol received a complaint, they would have an officer stop by to speak with the offender. Pictures emailed to the Marine Patrol would be even better.

Two can play this game!

FlyingScot · 04-18-2019, 02:37 PM

Quote:

Originally Posted by TiltonBB

If the shed was built after the period where it would be grandfathered, or was built without a permit , or in any way constitutes a zoning violation, I know what I would do..................

And, if there was a consistent time of day he takes off from his dock, or it is a regular occurrence and the Marine Patrol received a complaint, they would have an officer stop by to speak with the offender. Pictures emailed to the Marine Patrol would be even better.

Two can play this game!

I'm with Tilton--once he decided to abuse you with the "boathouse", the gentlemens agreement on the shed was off

Lakegirl24 · 04-18-2019, 08:44 PM

FlyingScott,

The shed happened MANY years ago with a prior owner who was upfront with my Dad. It was too close to the lot line but my Dad was ok with it because it didn’t obstruct anyone’s view and was not near the water. Plus it was tastefully done and only a shed exactly what was proposed.

Mr Corr got the OK from my dad to replace EXACTLY what was there from before a dry boathouse EXACTLY same dimensions. Mr. Corr is the one who took liberties and built a house instead. Like I said before a little respect goes a long way. We have been there for over 50 yrs. Never an argument with a neighbor until now. They have now had issues with AT LEAST 3 neighbors I’m aware of at this point in the little time they have been there.

Lakegirl24 · 04-18-2019, 08:48 PM

FatLazyLess,

This is taking place in Moultonboro....Not Meredith. Call the Meredith zoning board. They should know.

04-16-2019, 01:25 PM	#4
Lakegirl24 Member Join Date: Apr 2019 Posts: 26 Thanks: 31 Thanked 13 Times in 5 Posts	Update Hi All, I’ve been looking to find out when the Supreme Court case is and found that it won’t specifically say Corr’s....It will have DES as part of the title. This is what I need to look for: Appeal of NH Department of Environmental Services (DES) Docket # 2018-0650 I’m really hoping DES prevails. The public can also attend ....but get this....THE SUPREME COURT CAN THEN TAKE 6-12 MONTHS TO MAKE A DECISION..... REALLY?????

04-16-2019, 01:58 PM	#5
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,974 Thanks: 80 Thanked 984 Times in 443 Posts	Lakegirl.... I know it sucks as you want a decision ASAP, but the wheels of justice turn slowly. Given the weight & legal precedence Supreme Court decisions carry, and the research that needs to be done... 6-12 months is reasonable. If you are lucky you might get a decision in the fall. Woodsy __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid.

04-17-2019, 07:32 PM	#8
Lakegirl24 Member Join Date: Apr 2019 Posts: 26 Thanks: 31 Thanked 13 Times in 5 Posts	Bigpatsfan, Very true... I really hope they realize the precedence they will be setting on the lake for years to come. GREAT POINT! �� From what was essentially to be a storage shed for a boat to NOW a house that is nonconforming and no where near with in the setbacks. —By the way my brother reminded me that this is the 2nd non conforming structure on that lot. There’s also a shed that the previous owner was up front with my Dad showed him the plans and stuck to his word. It didn’t infringed on anyone’s view so my Dad was ok with it. This guy thinks the rules don’t apply to him from building this structure to the 150ft law on the water. He takes off 10 ft off his dock. SMH Last edited by Lakegirl24; 04-17-2019 at 09:26 PM.

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04-14-2019, 02:05 PM	#1
Lakegirl24 Member Join Date: Apr 2019 Posts: 26 Thanks: 31 Thanked 13 Times in 5 Posts	Thinkxingu, I really hope you’re right. What was proposed is absolutely NOT what is there. A structure that was supposed to be a 17 ft shed for a boat “replacing IN KIND” is DEFINITELY not what happened. That’s why he was SO protective over showing the plans. When I finally did see the plan it was looking more like a house but only about 16-17 ft high.....not 28-29 ft. It’s just UGLY. Brings down property values and takes away views that have been accessible for the last 60 yrs. He has all the pipes in for septic etc in order to make it a second home on one property. I’m STILL just shaking my head. He believes he is truly untouchable. He basically laughs at the whole neighborhood, town and now the State. If they let this fly it will set a new precedent for what is allowed to be built.

The Following User Says Thank You to Lakegirl24 For This Useful Post:
LakesLady (04-14-2019)

04-14-2019, 06:41 PM	#2
Woody38 Senior Member Join Date: May 2016 Posts: 584 Thanks: 45 Thanked 110 Times in 81 Posts	Lakegirl Such a shame neighbors can be this way. Have also been some of this route with neighbors in Massachusetts. First, when fence fell down and we replaced with a stockade 6" high. However on the rear line a post and beam (i think that is what it was called) which replaced what was there. We surveyed the lot beforehand. When the rear line fence was being replaced the woman came yelling into our yard, was told the lot was surveyed. She wanted to see the survey. Ha, I told her if she wanted a survey do your own. Fast forward. Planning a Carriage house to complement the 108 y/o residence, everyoneon the 2 streets behind us came to the hearing. One lawyer gave each one thing to say. The one I loved was the woman behind us saying I was raping the land by taking down the trees. Now, we love trees, however, these trees were infested with ants , coming down anyway. Construction was completed and we had an $80 thousand 2 story 3 car carriage house. Now I should mention we love a good fight, esp. when we are right. But, will give on even when we know we are wrong. Extremely seldon. I apologize for the length of this. Hope the issue is settled in the manner it should with the structure being removed.

The Following User Says Thank You to Woody38 For This Useful Post:
Lakegirl24 (04-14-2019)

The Following User Says Thank You to Woodsy For This Useful Post:
Lakegirl24 (04-16-2019)

The Following 2 Users Say Thank You to LIforrelaxin For This Useful Post:
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04-17-2019, 12:46 PM	#7
bigpatsfan Senior Member Join Date: Aug 2007 Posts: 86 Thanks: 21 Thanked 15 Times in 9 Posts	Agree that six to twelve months is a long time but as others have mentioned the Court needs to review past rulings and use those rulings along with the Law to render a decision. This decision is not only for this case but will be used in other cases for many, many years to come. Good luck

The Following User Says Thank You to bigpatsfan For This Useful Post:
Lakegirl24 (04-17-2019)

04-17-2019, 07:47 PM	#9
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 3,160 Thanks: 749 Thanked 2,277 Times in 986 Posts	If the shed was built after the period where it would be grandfathered, or was built without a permit , or in any way constitutes a zoning violation, I know what I would do.................. And, if there was a consistent time of day he takes off from his dock, or it is a regular occurrence and the Marine Patrol received a complaint, they would have an officer stop by to speak with the offender. Pictures emailed to the Marine Patrol would be even better. Two can play this game!

04-18-2019, 08:44 PM	#11
Lakegirl24 Member Join Date: Apr 2019 Posts: 26 Thanks: 31 Thanked 13 Times in 5 Posts	FlyingScott, The shed happened MANY years ago with a prior owner who was upfront with my Dad. It was too close to the lot line but my Dad was ok with it because it didn’t obstruct anyone’s view and was not near the water. Plus it was tastefully done and only a shed exactly what was proposed. Mr Corr got the OK from my dad to replace EXACTLY what was there from before a dry boathouse EXACTLY same dimensions. Mr. Corr is the one who took liberties and built a house instead. Like I said before a little respect goes a long way. We have been there for over 50 yrs. Never an argument with a neighbor until now. They have now had issues with AT LEAST 3 neighbors I’m aware of at this point in the little time they have been there.

04-18-2019, 08:48 PM	#12
Lakegirl24 Member Join Date: Apr 2019 Posts: 26 Thanks: 31 Thanked 13 Times in 5 Posts	FatLazyLess, This is taking place in Moultonboro....Not Meredith. Call the Meredith zoning board. They should know.