Moultonborough boathouse case heading to Supreme Court

Woodsy · 05-29-2020, 08:23 AM

Sounds to me like the Court made clear that water quality and building height have nothing to do with each other. So the local ZBA will have authority when it comes to building height.

I would expect towns to change the zoning laws to clarify & control building height.

Woodsy

iw8surf · 05-29-2020, 09:27 AM

Quote:

Originally Posted by Woodsy

Sounds to me like the Court made clear that water quality and building height have nothing to do with each other. So the local ZBA will have authority when it comes to building height.

I would expect towns to change the zoning laws to clarify & control building height.

Woodsy

I mean, do we think they’re wrong. It seems the only thing truly affected on the lake was the neighbors view and feelings and I’d imagine the increase in taxes the city would get from that improvement.

Woodsy · 05-29-2020, 10:20 AM

Quote:

Originally Posted by iw8surf

I mean, do we think they’re wrong. It seems the only thing truly affected on the lake was the neighbors view and feelings and I’d imagine the increase in taxes the city would get from that improvement.

I think the NH Supreme Court got it right..... I don't have a dog in the fight but I have been concerned for a long time about government overreach disguised as environmental concerns.

Woodsy

Mr. V · 05-29-2020, 11:01 AM

Here is a link to the court's written decision:

https://cases.justia.com/new-hampshi...?ts=1590152637

MAXUM · 09-12-2021, 08:03 AM

Where this whole thing went south is that the replacement of the boat house is NOT "in kind" yet was approved. Arguing the building height after the fact was never really going to go anywhere.

8gv · 05-29-2020, 01:52 PM

Every now and then reason is applied to a case.

This is one of those.

MysteryinNH · 09-10-2021, 11:56 AM

I hear the owners are now planning to tear down the house (camp). This makes me sad. My grandfather built that camp in 1950.

Has it been torn down yet?

DickR · 09-10-2021, 05:15 PM

The house is still there, but I don't know for how long. When the boathouse was rebuilt, and "enhanced" to provide living space, my first thought was that it would allow the property to be used for living during an eventual teardown/rebuild of the main house.

05-29-2020, 08:23 AM	#1
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,966 Thanks: 80 Thanked 980 Times in 440 Posts	Sounds to me like the Court made clear that water quality and building height have nothing to do with each other. So the local ZBA will have authority when it comes to building height. I would expect towns to change the zoning laws to clarify & control building height. Woodsy __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid.

05-29-2020, 11:01 AM	#4
Mr. V Senior Member Join Date: Jun 2004 Location: the left coast (Portland)and West Alton Posts: 1,411 Thanks: 65 Thanked 259 Times in 177 Posts	Here is a link to the court's written decision: https://cases.justia.com/new-hampshi...?ts=1590152637 __________________ basking in the benign indifference of the universe

09-12-2021, 08:03 AM	#5
MAXUM Senior Member Join Date: Apr 2004 Location: Kuna ID Posts: 2,755 Thanks: 246 Thanked 1,942 Times in 802 Posts	Where this whole thing went south is that the replacement of the boat house is NOT "in kind" yet was approved. Arguing the building height after the fact was never really going to go anywhere.

05-29-2020, 01:52 PM	#6
8gv Senior Member Join Date: Jan 2012 Posts: 2,107 Thanks: 64 Thanked 747 Times in 481 Posts	Every now and then reason is applied to a case. This is one of those.

The Following User Says Thank You to 8gv For This Useful Post:
Maman.Catherine (05-30-2020)

09-10-2021, 11:56 AM	#7
MysteryinNH Junior Member Join Date: Aug 2020 Posts: 1 Thanks: 1 Thanked 0 Times in 0 Posts	I hear the owners are now planning to tear down the house (camp). This makes me sad. My grandfather built that camp in 1950. Has it been torn down yet?

09-10-2021, 05:15 PM	#8
DickR Senior Member Join Date: Apr 2008 Location: Moultonborough Posts: 751 Thanks: 4 Thanked 259 Times in 171 Posts	The house is still there, but I don't know for how long. When the boathouse was rebuilt, and "enhanced" to provide living space, my first thought was that it would allow the property to be used for living during an eventual teardown/rebuild of the main house.

The Following User Says Thank You to DickR For This Useful Post:
MysteryinNH (09-12-2021)