Moultonborough boathouse case heading to Supreme Court

TiltonBB · 03-31-2019, 08:28 PM

Quote:

Originally Posted by Just Sold

Both a Walgreen and Marriot residents tried to put residential living areas above their boathouse's in Wolfeboro. Both were told to remove - cease and desist all such use of the boathouse. So if the space above the boat area is for someone to stay in they will loose in court.

I agree. There is obviously a small garage door on the lower level and that is the only resemblance the new building has to the old structure. The rest of the new construction really has no relation to the old building.

The permit process to "replace" a pre-existing structure seems to have made a huge leap. If it is not a "replacement" then it is new construction within the 50 foot buffer. I would bet there will be some "deconstruction" at some point in the future.

I would file this under "nice try" but it didn't work.

swnoel · 04-01-2019, 06:18 AM

I see no debate in what they did and they will undoubtedly lose in court. Must be nice to have money to lose.

TiltonBB · 04-01-2019, 08:07 AM

FLL: Keep your eyes open. You may see some really nice "like new" never even been opened, windows on Craigslist soon. Maybe you can upgrade your Meredith mansion.

LIforrelaxin · 04-01-2019, 11:03 AM

Like DickR I am the same neighborhood. And I know a bit of what is going on.... While yes there was a neighbor issue, that I believe is mostly settled down.

The issues now that are being fought in court, or legal based on the structure. I don't think its is fair to comment much on what is going on, unless we have access to the permits... What little I do know, is I think there was some misleading information presented, in regards to the replacement structure. The biggest problem I have with what is going on, is that the boat house / apartment structure, is being done, so that a seasonal property become usable year around. So, has the septic been updated etc.

At the end of the day, this wasn't a like for like replacement... If the owners had all the proper docuemtations and approvals, then the project wouldn't have been stopped. Somewhere along the way, some information was misleading, and it has lead to this.....

The biggest thing, is why hasn't there been a successful mediation effort... likely because the home owners are not willing to compromise....

Time will tell where this one ends....

Rusty · 04-01-2019, 11:13 AM

The DES has created Docket 17--16 WtC that has the official documents and all the filings for this boathouse case. Use this Docket to get the actual true history and don't depend on newspaper spins or rumors.
Here is the DES website: https://www4.des.state.nh.us/Legal/?...0Councilttaced

Read this document to get why the DES won't approve the boathouse:

swnoel · 04-01-2019, 11:37 AM

Quote:

Originally Posted by Rusty

The DES has created Docket 17--16 WtC that has the official documents and all the filings for this boathouse case. Use this Docket to get the actual true history and don't depend on newspaper spins or rumors.
Here is the DES website: https://www4.des.state.nh.us/Legal/?...0Councilttaced

Read this document to get why the DES won't approve the boathouse:

Clearly they changed the scope of their project. It's hard to believe they will prevail.

Poor Richard · 04-01-2019, 01:26 PM

I looked at the pics posted in this thread as well as read through the .pdf Rusty posted.

Am I missing something? Is me or is that new boathouse nowhere near the water?

TheTimeTraveler · 04-01-2019, 01:51 PM

Quote:

Originally Posted by Poor Richard

I looked at the pics posted in this thread as well as read through the .pdf Rusty posted.

Am I missing something? Is me or is that new boathouse nowhere near the water?

I am guessing the only thing the new boathouse will be doing is to store the boat during the winter months when the boat is hauled out of the water.

LIforrelaxin · 04-01-2019, 02:11 PM

Quote:

Originally Posted by TheTimeTraveler

I am guessing the only thing the new boathouse will be doing is to store the boat during the winter months when the boat is hauled out of the water.

Living near by, I can tell you, that the new boat house maybe able to store jetski's in the winter months, but is not capable of storing a boat....

This is one of the many discrepancies of the tail of this structure.

There was once indeed a boat house capable of dry storing a boat...

What is there now, will not be capable of dry storing a boat, and can be used as a place to inhabit....

I was not at all surprised when this project came to a grinding halt.... and with what I have seen, there was a lot of misrepresentation...

iw8surf · 04-01-2019, 02:16 PM

I have always envied other states boat houses when I travel. I have some close friends in Texas/ Arizona/ Nevada etc with gorgeous boat houses and every time I comment on them their answer is " mines nothing you should see so and sos boat house" and then they ask about NH and I tell them our laws and they say " yea that and the miserable weather is why we live here"

bigpatsfan · 04-02-2019, 08:32 AM

Is it me or did this thread start by condemning the neighbors (Perhaps Envy or jealousy,) and the home owners were certainly going to prevail in Court to at the end of this thread the posts are stating that the home owners are clearly wrong and they will most certainly lose in Court?

It is amazing what knowing the entire story will do and thanks Rusty for posting the Court Docket .

WinnisquamZ · 04-02-2019, 09:23 AM

Quote:

Originally Posted by iw8surf

I have always envied other states boat houses when I travel. I have some close friends in Texas/ Arizona/ Nevada etc with gorgeous boat houses and every time I comment on them their answer is " mines nothing you should see so and sos boat house" and then they ask about NH and I tell them our laws and they say " yea that and the miserable weather is why we live here"

Your response reminds me of the first time my son in law was on the lake. Long time Lake Michigan boater ask my don’t they just blast the rock out of the way instead of risking boat damage and lives. Had to chuckle

Sent from my iPhone using Winnipesaukee Forum mobile app

LIforrelaxin · 04-01-2019, 01:28 PM

Quote:

Originally Posted by swnoel

Clearly they changed the scope of their project. It's hard to believe they will prevail.

There has never been any doubt about the scope of the project changing.. My personal feeling is that, the project was originally going to be just a replacement... and then as things got rolling, it was noted how easy it might be to enhance the structure...

Do I believe these people set out to build something they new wouldn't approve... No I don't feel like that.... I feel that they started something and then let the scope grow out of hand.... To much scope creep and no I have been passing by a uncompleted structure for a couple of years.... I already see more issue then originally stated with the documentation...

04-01-2019, 11:03 AM	#4
LIforrelaxin Senior Member Join Date: May 2006 Location: Texas, Lake Ray Hubbard and NH, Long Island Winnipesaukee Posts: 2,970 Thanks: 1,064 Thanked 912 Times in 539 Posts	Like DickR I am the same neighborhood. And I know a bit of what is going on.... While yes there was a neighbor issue, that I believe is mostly settled down. The issues now that are being fought in court, or legal based on the structure. I don't think its is fair to comment much on what is going on, unless we have access to the permits... What little I do know, is I think there was some misleading information presented, in regards to the replacement structure. The biggest problem I have with what is going on, is that the boat house / apartment structure, is being done, so that a seasonal property become usable year around. So, has the septic been updated etc. At the end of the day, this wasn't a like for like replacement... If the owners had all the proper docuemtations and approvals, then the project wouldn't have been stopped. Somewhere along the way, some information was misleading, and it has lead to this..... The biggest thing, is why hasn't there been a successful mediation effort... likely because the home owners are not willing to compromise.... Time will tell where this one ends.... __________________ Life is about how much time you can spend relaxing... I do it on an island that isn't really an island.....

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04-01-2019, 06:18 AM	#2
swnoel Senior Member Join Date: Jan 2007 Posts: 529 Thanks: 83 Thanked 194 Times in 118 Posts	I see no debate in what they did and they will undoubtedly lose in court. Must be nice to have money to lose.

04-01-2019, 08:07 AM	#3
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 3,160 Thanks: 749 Thanked 2,277 Times in 986 Posts	FLL: Keep your eyes open. You may see some really nice "like new" never even been opened, windows on Craigslist soon. Maybe you can upgrade your Meredith mansion.

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04-01-2019, 01:26 PM	#7
Poor Richard Senior Member Join Date: Aug 2017 Location: The humbling river Posts: 304 Thanks: 42 Thanked 80 Times in 57 Posts	I looked at the pics posted in this thread as well as read through the .pdf Rusty posted. Am I missing something? Is me or is that new boathouse nowhere near the water?

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Lakegirl24 (04-03-2019)

04-01-2019, 02:16 PM	#10
iw8surf Senior Member Join Date: Jul 2018 Posts: 191 Thanks: 12 Thanked 94 Times in 55 Posts	I have always envied other states boat houses when I travel. I have some close friends in Texas/ Arizona/ Nevada etc with gorgeous boat houses and every time I comment on them their answer is " mines nothing you should see so and sos boat house" and then they ask about NH and I tell them our laws and they say " yea that and the miserable weather is why we live here"

04-02-2019, 08:32 AM	#11
bigpatsfan Senior Member Join Date: Aug 2007 Posts: 86 Thanks: 21 Thanked 15 Times in 9 Posts	Is it me or did this thread start by condemning the neighbors (Perhaps Envy or jealousy,) and the home owners were certainly going to prevail in Court to at the end of this thread the posts are stating that the home owners are clearly wrong and they will most certainly lose in Court? It is amazing what knowing the entire story will do and thanks Rusty for posting the Court Docket .