Freedom – September 11, 2008 – Tim Cupka of Ossipee Lake Marina asked the Freedom Board of Selectmen on Monday for clarification regarding the town’s monitoring of the gate that blocks access from the marina’s lower parking lot to Alvino Road.
According to Cupka, the gate is periodically vandalized, most recently during Labor Day weekend. While he has since fixed the gate, he says the real issue is that the town knew about the vandalism before he himself did.
Cupka said he feels it’s “a waste of money” for the town’s code enforcement officer to be sent to the site every time there is a problem with the gate. He suggested that in the future, the marina be allowed to simply report the vandalism to the Freedom police chief, and then to go ahead and fix the gate.
The selectmen agreed with him.
Contentious Issue
The marina’s use of Alvino Road through the lower parking lot has been a contentious issue since 2001 when zoning officials gave the marina “after the fact” approval to use a parking lot it constructed on residential property without required town authorization. As part of its approval, the board prohibited access from the lot, known as Lot 42, to Alvino Road except for emergency vehicles.
After the ruling, which was upheld in Superior Court, area residents reported that the marina continued to use the narrow dirt road. In response to the complaints, the selectmen in October 2005 ruled that the business could use Alvino Road because traffic flows from bass fishing tournaments were creating “a safety issue.” Town Attorney Peter Malia subsequently overruled the selectmen.
In August 2006, the Carroll County Independent reported that Cupka asked the selectmen if he could use the road for a fishing tournament on September 2nd and 3rd, “or what the fine would be.” According to the meeting minutes, Selectman Breslin said “a one-time exception” would be “reasonable in terms of public safety,” and Selectman Babb said such an exception would need to be posted on the agenda ahead of time. While no decision was made at the meeting, area residents reported to town officials that Alvino Road was used by the marina that weekend.
Fine Assessed
In June 2006, area residents again reported that the marina was using Alvino Road and adjacent residential Lot 42. In July, Code Enforcement Officer Ned Hatfield confirmed the violation, writing in his report: “This is a repeat violation of the previous year, and for this violation there is a fine of $275. Future use of these facilities will be considered as a separate violation for each boat or vehicle and an appropriate fine will be assessed for each occurrence.”
In August that year, marina owner Kevin Price paid the $275 fine “under protest” and asked the selectmen for “clarification” of the violations. The selectmen agreed to put the check in a safe and not cash it “until the matter can be resolved.” Selectmen’s meeting minutes do not indicate whether the check was ever cashed.
Area residents have reported to the Code Enforcement Officer that the marina has continued to use Alvino Road this year.
[Portions of this story courtesy of Carroll County Independent and reporter Cynthia Davis]
Why would a business having vandalism problems want less monitoring?
Shouldn’t the fact that our selectmen agreed warrant clarification?
Just who does inaction & forgoing the timely deposit of checks due the town help?
If a $275 check can cause such problems perhaps it would be helpful if our tax payment checks were likewise escrowed until the town is more comfortable with processing such due payments.
Hold Fast
How convenient that the chain was “vandalized” during the busiest weekend of the year. What a stroke of luck, because since it was down there was no reason not to use the road, which they did – all weekend. You gotta give them credit. The marina gang thinks town officials are stupid and easy to manipulate, and the selectmen keep proving them right.
Uh, I have vandalism at my business but I’m annoyed that the town found it and reported it to me so don’t send that pesky zoning guy around anymore, ok? This is pretty funny.
Mr. Hatfield is not a pesky zoning guy. He is a man who is doing his job. Let’s please keep comments respectful. Thanks
I meant no disrepect! I was joking and I guess it didn’t come out right. The idea that you can tell the selectmen not to send the zoning guy to your business and have them agree to that is pathetic. My failed sarcasm was aimed at the selectmen.
The code enforcement officer certainly has my respect. I think the sarcasm was more at Mr. Cupka’s & the selectmen’s expense. What probably happened was that Mr. Cupka again got caught and the selectmen are desperately trying to save Mr. Cupka from Mr. Hatfield’s per violation findings.
Certain would like the selectmen to better explain their actions.
Hold Fast
Local newspaper reporter turned blogger Peter Case has written about this story on his blog, “The Smoking Jacket.” It’s at the end of his piece called “In What Respect, Charlie?” dated September 12. Here’s the link: http://piggesblog.blogspot.com/2008/09/in-what-respect-charlie.html.
First I will say that both Tim and Ned are great people to work with. Second it seems the heat is directed at Tim as if he owns the marina. Why would the marina vandalize the chain if they have to repair it ? Is a lot of this simply because no one wants the marina as a neighbor ? I find them necessary to the area and to people that require their services. I do not condone breaking the law but it seems they are constantly in peoples sites. OK, I expect the nasty replies but wanted to try to balance this out.