The following article was published by InDepthNH.org.
Ossipee—August 10, 2024—Lakefront property owners and residents made it clear at a public meeting Friday they do not like the state Department of Environmental Services process for approving docks and were told that it would require a legislative fix in the law.
The public information session at Ossipee Town Hall was attended by more than 100 people, many of whom objected to the approval of a five-finger docking structure on an island in Leavitt Bay.
In May, the DES approved an 82.5 foot by 3 foot wharf, with five, 34 foot by 3 foot piers accessed by a 6 foot by 4 foot walkway based upon the owner’s size property, and what is allowed under state law.
The size of the docking structure and its nine boat slips would make it the largest known approved non-commercial docking structure on Ossipee Lake, according to members of the Lake Ossipee Alliance.
Opponents say the approval was unreasonable and threatens Leavitt Bay’s boating, wildlife and environment and that the state made no considerations for issues like cyanobacteria, milfoil or other concerns in the lake.
They were told by Rene Pelletier that docks have very little to do with those issues. He heads the water division for the state DES and has been working on lake issues for the state for 52 years.
Executive Councilor Joe Kenney, R-Wakefield, convened the meeting after DES approved the structure on Loon Island after attending a meeting of concerned property owners who complained about the lack of transparency in the process.
While an attorney for the island owners said the owners are willing to reduce the five-finger dock to two, many shouted “no” and would not accept that as a compromise.
Kenney was accompanied by Pelletier and Assistant DES Commissioner Adam Crepeau who answered questions, though he was often interrupted by members of the crowd as he tried to explain the law as it relates to the permit approval.
He suggested that a legislative fix might be an approach as his department followed the letter of the law in what was permitted.
The island is owned by Ossipee residents Deborah and Kevin Randall. The couple told Ossipee officials the docks were needed to prevent boaters from trespassing on the 0.91-acre property, which is undeveloped and uninhabited.
There is a nearby loon nesting site.
Kenney attended Broad-Leavitt Bay Association’s annual meeting last month and said he thought DES “missed the boat” by not holding a public hearing on the matter before it approved the application.
The DES does not require a hearing but Crepeau said there are hearings if there is a major public interest in the project. Residents and property owners said they did not know about the approval until after it was given.
Kenney said that while there was no legal mechanism for DES to hold an after-the-fact hearing, he would arrange for the group and others to be heard in a public forum.
More than 200 lake property owners joined the groups to file a Preliminary Notice of Appeal asking DES to enter into mediated discussions about the approval. After DES decided against an appeal, the group petitioned the Governor and Executive Council to ask them not to sign off.
A compromise which was offered by the Randalls, to reduce the size of the project by more than 50 percent, would likely be approved and not require council approval, Crepeau said.
Many of the attendees, who have docks approved by the state, said they were wondering what has changed since they got their permits and why this process seemed expedited.
Bill Winter of Leavitt Road said he wanted to know what has changed over the years on permitting docks and said he waited nine months and had to go to Concord with detailed drawings of the dock and did not understand why it took so long then.
“Something has changed from 2009,” he said.
“I think we have streamlined the process,” said Crepeau to jeers, “boos” and shouting. He said the agency follows legislatively promulgated laws.
“The legislature sets the policy agenda,” and he said this might be a legislative fix that the department has no control over.
Besides environmental concerns that are clear, I feel confident that this is really a money-making project. The Randall’s have said they “may rent” the slips – and they will! So how do people get to the docks? Where do they all park? If renting dock space, what prevents renters from using the island for recreation? What will the island look like over time? This is just a really bad, self-serving idea.
I believe there was a “bait and switch” situation that was made clear at the outset of the meeting. Many of us who attended believed this was going to be an opportunity for the residents to voice their concerns about the docks. We were told at the beginning that this was not the case, but rather a time for the citizens to comment about the process and to make recommendations to state officials. I doubt that many people would have shown up if that was the original intent. And, if it was a meeting about process, why was the lawyer for the applicants in attendance, and then allowed to make an opening statement. There were numerous comments made by the state officials that clearly indicated their lack of knowledge of the lake, and specifically Leavitt Bay, and their failure to realize what is happening on all the lakes in New Hampshire. It was rather insulting to be told that they value conservation reports and that they are “excellent” communicators”. Communication involves speaking but equally important, it involves listening. And, if you truly regard conservation efforts to be important, why did’t you make the time and effort to visit the site. This was not an individual homeowner requesting one dock or mooring. To all, pay attention to when this gets to the next level and make our voices heard about both this situation and the “process”.
cinde.Warmington@nh.gov
janet.L.Stevens@nh.gov
ted.Gatsas@nh.gov
david.K.Wheeler@nh.gov
joseph.D.Kenney@nh.gov
Here are the individual emails for the 5 councilors. All of them should emailed. Let’s be honest; the compromise for fewer docks was only to circumvent going before the Executive Council.
I agree with Edwina… advocate!
Councilors Cinde Warmington and Joe Kenney have both stated publicly that the current proposed docks are DOA. The real issue is making sure that the two they put in this time, don’t turn into two more next year. We can stop that by having legislators who are willing to put in House Bills to protect our unhoused islands.
With all these growing marinas that are building large storage skyscrapers for boats, and putting more and more congestion on the lakes, we need real legislation to stop the abuse.
The storage units alone are a large fire hazard in our communities. The trailering of the boats back and forth to the lake each day are putting a real strain on many of our smaller roadways and right of ways.
We need our legislators to listen. Our current House Representatives in Carroll County who represent the Ossipee Lake towns all voted against protecting our lakes and watersheds.
Please pay attention to who is running for office and support the candidates who are willing to listen, and who will vote to protect our natural resources.