Ossipee—February 23, 2024—Ossipee’s Planning Board met Tuesday night to consider public comments about a proposal to install boat docks on Leavitt Bay’s Loon Island.

Kevin Randall and his wife, Deborah, own the 0.90-acre island. Earlier this month they applied to DES for approval to install five 40-ft. by 6-ft. boat docks on the south shore of the island.

A copy of the application was provided to town officials for review and public comment, which is standard practice.

Ossipee’s Conservation Commission responded last week with a letter to DES saying the island is “not capable of supporting the proposed usage,” citing increased boat traffic on the bay and the disturbance of loon nests among the factors behind their decision.

The Conservation Commission’s letter was read at the start of the Planning Board meeting, with planning officials reminding the audience that the town can offer its opinion, but the decision is up to the state.

Speaking to a full room of approximately 30 people, property owner Kevin Randall said the island is regularly used by boaters without the couple’s permission, even though it is posted as private property. He said he believes the five docks are necessary to show boaters the island is off-limits.

“If I don’t put anything on the island [the situation] will never change,” he said, adding that “legally I’m going to do whatever I have to do to put something up there.”

Randall said boaters erode the shoreline when they beach their boats at the site. He said having docks there would reduce the damage by providing a place for boaters to tie up instead of beaching.

The property owner told the meeting he obtained a town building permit in 1996 to construct a “lockable gazebo with decks” on the island but decided against building it. He said he might revisit that permit if the docks are not approved.

“I should be able to do what I want legally with my property,” he told the Planning Board, adding that he has always allowed people to use the island if they ask for permission, and has “never charged anyone a dime.”

The ensuing public comments at the meeting were largely negative.

Ossipee resident Danny Fischbein pointed to the small size of the island and its odd shape, and said it is battered all summer by boat wakes, especially on the north side. He said he wanted to make sure people understood how small the island is in relation to the size of five docs.

Lake resident Susan Marks said she wanted to ask Randall to clarify several things he said, but noted he had already left the meeting.

Marks said it “made no sense whatsoever” that docks were needed to deter people from trespassing but were also needed to give people a place to tie-up their boats.

She was one of several people who pointed out the inconsistency and expressed surprise that Randall left the meeting before taking questions from the audience and board members.

Dennis Gould said he has been a volunteer loon caretaker on the lake for 25 years. He said Randall has always cooperated with loon protection efforts but said the docks will increase the threat to loons, whether the docks are on the north side or the south side of the island.

“The loons try to nest there all the time,” Gould said. “If he gets this application approved, he can probably rent [the docks] and put 20 boats there. The loons won’t have a chance.”

Eric Pare of Leavitt Road said the question for him is where the boats for the five docks would come from. He jokingly expressed skepticism that the boaters would all be friends and family, as Randall has said.

“Where are the cars and trailers for all those boats going to be stored? What’s the access point to the island right now? There’s no way to get there,” Pare said.

Pare also pointed out that there are no facilities on the island for “potentially 100 people,” and if there were an emergency, town officials would be responsible for responding because the island is in Ossipee.

Bill Winter, another Leavitt Bay resident, asked whether the town would have any jurisdiction if the docks were approved by the state.

The board responded to say the Code Enforcement Officer told Randall he would have to comply with zoning if the docks were physically connected to the island. If the docks were approved and installed solely in the water, the town would have no jurisdiction.

Winter called that a “scary loophole.”

Regarding renting the docks, something Randall has said he might consider in the future, the board said the property owner has been told he would have to apply to the Planning Board for approval.

Members of the audience questioned technical aspects of the plan, such as the use of pressure treated wood, but were advised to direct such concerns to DES.

Asked if the 1996 gazebo building permit was still valid, the board said it didn’t know but would find out.

Gary Giannino was one of a number of people who pointed to the increase in boat traffic on the bay in recent years. He said part of that increase is due to an increase in events held on the island.

He said he wondered if five new docks combined with already crowded boat traffic might require the state to consider a new no-wake zone on the bay.

Leavitt Road resident Mike Boyle asked the board to make a note of his concern that the eagles that nest at the site would be scared off by the increased activity.

In the night’s only supportive comment, Ossipee resident Dallas Emery echoed Randall’s perspective about property rights, and suggested that the docks could provide an environmental benefit by breaking up boat wakes before they hit the shore.

After approximately an hour, the board voted unanimously to submit the public comments to DES, along with emails it had already received. The board said all further comments should be directed to DES.

Ossipee Lake Alliance confirmed with the state that comments on the dock proposal should be emailed to Ryan Duquette at ryan.duquette@des.nh.gov. Duquette will be reviewing the proposal.