The following news story is from the Conway Daily Sun.
Ossipee—August 13, 2024—A crowd of about 150 people loudly expressed their displeasure at the state Department of Environmental Services’ approval of a five-finger dock on a private island in Leavitt Bay, which is part of Ossipee Lake.
The informal meeting at town hall was organized by District 1 Executive Councilor Joe Kenney (R-Wakefield). With Kenney was Adam Crepeau, N.H. DES’ assistant commissioner, and Rene Pelletier, DES’ director of water supply.
According to the Ossipee Lake Alliance, DES in May approved a 82.5-foot wharf, with five 34-foot piers to be accessed via a 6-foot walkway on Loon Island, which is owned by Deborah and Kevin Randall of Ossipee. They were represented at the meeting by attorney Chris Boldt of Donahue, Tucker and Ciandella of Meredith.
Concerns raised by the crowd included impact on the loon population, a decrease in water quality due to human waste and increased boat traffic, erosion/scouring caused by boats and emergency responses to the island.
“If this island were in the main lake, I’d say they should go for it,” said Gloria Villari of Ridge Road Ossipee. “But it’s not on the main lake. It’s on a very tender bay, which leads into another bay that actually had all kinds of issues last year with cyanobacteria blooms and milfoil.”
Pelletier said docks don’t cause those issues. He said DES makes sure the property owner has enough frontage. They also look at the shoreline and depth to see if a dock is appropriate.
Kenney said although the approval of the dock was basically a done deal, he organized the meeting to see what the public may want in terms changing the dock-permitting process going forward.
“The permitting of Loon Island has kind of left the barn, if you will,” said Kenney. “We’re here to have a public discussion about the process and in your input, how we can make it stronger, more flexible and make it have more public recognition.”
Crepeau said DES would not revoke a permit that’s already been granted.
The docks would potentially require boats approaching one another at speed to slow to headway speed to the southwest of the property, as shown in this illustration from the meeting.
Boldt asked if people would be OK with two fingers rather than five, but the answer was no from the public. Boldt had said if the couple reduced their plans to two fingers, the project would not have to go before Governor and Council for approval.
The Sun asked by what criteria the governor and council would approve or deny the project.
“I believe they approve or deny for almost any reason at all,” said Crepeau.
In response to a similar question, Kenney added, “Once it reaches my level, it reaches the political level, and I will make a determination when that comes before the council.”
The Governor and Council meet next on Aug. 30. The meeting agenda won’t be released until Aug. 23.
The DES officials said many issues the crowd brought up, like loon habitat, aren’t regulated by DES. Crepeau said Fish and Game, which does look at loon habitat, was satisfied with the proposal.
“Contrary to popular belief, my clients do not eat loons,” said Boldt.
“They have been approved for a dock on the property they own. They own Loon Island. They’ve owned Loon Island for about 30 years. They’ve been paying taxes to the town of Ossipee for about 30 years,” he added.
Boldt said the dock was approved is because they have enough frontage. He said the property would not be used as a marina.
The most heated point in the meeting came when local resident Chris Elliot asked Boldt how the public could be assured that the docks would not be rented out. Elliot asked Boldt to put that in writing.
“Don’t shake your head, that’s rude,” shouted Elliot to Boldt, who tried to respond. “I said I had two questions! You sit down and be quiet for a second, and I didn’t like your comment about loons.”
Boldt replied that under DES regulations, the Randalls are allowed a five-finger dock and all he’s trying to do is defend their property rights.
Another heated point came when R.A. Oram of Freedom spoke. He said he lives on the Ossipee River, so litter from the lake washes up on his property. He said a woman asked earlier if this was a commercial enterprise if the land is commercial.
“It is not a commercial dock, it is not a marina, I said that in the first minute I spoke, if anybody listens, thank you,” replied Boldt.
Oram shouted, “I didn’t come here to be castigated by you! Why nine slips if it’s not commercial?”
Some in the audience expressed amazement that DES would approve a five finger dock as easily as this one was approved when they were put through the ringer for smaller projects.
“We’re trying to be an objective party, and we look at the rules, and we apply the rules equally,” said Crepeau.
Crepeau said DES has been “streamlining” its permitting process. He said over and over again that DES is limited to what is regulated by state law.
At one point in the meeting, Crepeau said he didn’t have to come to Ossipee but did so to provide a public serivce.
“Oh yes you did,” replied Kenney.