Illegal Tree-Cutting at Ellacoya State Park

[mcdude]

from the Gilford Steamer

A portion of Ellacoya State Park has been cleared of trees, violating the shoreline Protection Act. One hundred and twenty feet of the shoreline was cut of trees near Scenic Drive across from the beach. The discovery was made by anonymous persons who sent a letter to Dave Andrade, code enforcement officer, informing the town of the cleared trees. Andrade notified officials in the Department of Environmental Services after confirming the area was in the park. The protection act states that there must be a 50 foot buffer of waterfront foliage must be maintained. In order to cut trees in the park permission must be sought from DES.
“The purpose of this buffer shall be to protect the quality of public waters while allowing homeowner discretion with regard to water access,” reads the protection act,” safety, viewscape maintenance, and lot design.”
The act goes on to stipulate a scoring system that determines when the buffer can be cut. The only exception to the scoring system is when the
tree is diseased or poses a hazard to structures near them. The Department of Environmental Services discovered that the cuts had been recent and indicated that they were looking for help from the public in the investigation. Anyone having information regarding this matter or seen
anything that might lead to the persons involved is asked to call the Wetlands Compliance Bureau at 271-3503.

This seems like a rather odd story. Surely someone saw who cut down trees on 120 feet of shoreline....???

[SAMIAM]

Can't wait to see how this plays out.The papers trashed a local businessman recently, for tossing out a plastic bag.Wonder who will investigate this since it is so much more serious.If this was a homeowner,there would be a huge fine and that person would be made to replace them with adult trees.

[Alsobig]

Funny... We had the same thing happen to us on a parcel of land on Pagaus Bay... Someone cut down about 15-20 huge Pine trees so that they could have a better view of the lake... Police were notifed but nothing ever happend... We all found out who did it... he ended up selling his house and moving away... but ruined our beach and probably got more in return for his"Lake View" house...

[fatlazyless]

I have no clue who did it but suspect that it was done by the Ellecoya State Park itself. That corner is the area where the Lake Winnipesaukee Sailing Association wants to build its' community sailing facility.

If the abutting residential neighbors with homes on Shoreline Drive were to cut the trees to improve their view, probably the state employees who work at Ellecoya would immediately know of it.

My guessing opinion is that one state agency [url]www.NewHampshireStateParks.com did it without probably knowing about the new July 1 Shoreline Protection law that is administered by the www.NHDES.com

A sailing facility in that spot will be a terrific addition and a big benefit for teaching sailing to young sailors, age 8-18 in the surrounding towns, as well as adults.

Proper tree trimming improves the view and makes for healthier and stonger trees!

[ITD]

A new law will result from this requiring all chainsaws to have a Hobbs meter with a GPS logger to keep track of where and how long the saw was used. A permit with sappling grid, arial photo and soil samples will be required before start up with the submission of the GPS logs required within 48 hours of saw shutdown. Waterfront owners trimming weeds will be served with a cease and desist order along with a $5,000 fine.


Meanwhile, scofflaws will ignore any and all laws and continue with business as usual, never getting caught.

[Onshore]

Can we fit that meter and GPS logger on an ax because that is what was used in this instance.

[wifi]

Now, whose fault would it be if someone let loose a bunch of beavers ?

[This'nThat]

Originally Posted by shore things

Can we fit that meter and GPS logger on an ax because that is what was used in this instance.

Someone cut down a 120 foot area of trees with an axe, and no one saw this? How long does it take to cut down so many trees with an axe? A pretty long time, I would think. And yet, no one noticed this person out there for days (probably)? Smells fishy to me. This person must have had some protection while doing this.

[Grady223]

Originally Posted by This'nThat

Someone cut down a 120 foot area of trees with an axe, and no one saw this? How long does it take to cut down so many trees with an axe? A pretty long time, I would think. And yet, no one noticed this person out there for days (probably)? Smells fishy to me. This person must have had some protection while doing this.

Or it wasn't a person with an ax at all but beaver in the dead of the night. How big were the trees? Were they removed?

[Waterbaby]

Originally Posted by Grady223

Or it wasn't a person with an ax at all but beaver in the dead of the night. How big were the trees? Were they removed?

That's what I was wondering.......... I think we need to hear more of the facts before the speculation begins. As SAMIAM said, I can't wait to see how this plays out.

[fatlazyless]

Cutting large trees is difficult and dangerous work....the trees do not always fall how was planned.

Nobody chops down a whole big tree wih an axe anymore. Last time that was done was in 1955. For $45, you can go to Wal-Mart and buy a little electric chainsaw that works very good.

My guess...it was Big Olaf from the sailing association....they said...'Hey Olaf...we need to replace this sailboat mast....go find a tall skinny tree to use as a mast'...and Olaf headed on up the hill......

[This'nThat]

Originally Posted by Grady223

Or it wasn't a person with an ax at all but beaver in the dead of the night.

And yet, no one observed the beavers crossing the road with the axes over their shoulders? I think the beavers were encouraged to do this by scoundrals, and were protected by "big muscle".

[ApS]

Originally Posted by This'nThat

"...And yet, no one noticed this person out there for days..."

Maybe nights?

Originally Posted by mcdude

"...This seems like a rather odd story. Surely someone saw who cut down trees on 120 feet of shoreline....???"

'Seems like it somebody who wasn't afraid of the consequences of being seen or heard. A local official? A lawyer?

Originally Posted by Alsobig

"...he ended up selling his house and moving away... but ruined our beach and probably got more in return for his"Lake View" house..."

A Seattle judge got fined $500,000 "to improve his lake view". The cut trees were on a State park!

He blamed his landscaper, and thought he was allowed to "trim" trees there. My recollection is that he sold the mansion and still made millions.

Originally Posted by SAMIAM

"...Wonder who will investigate this since it is so much more serious..."

1) If the trees were abandoned in place, it's most likely the homeowner who would benefit most from the improved view.

2) BTW: The use of an ax actually increases the likelihood of forensic identification.

Alas, I saw this summer that the NH State Crime Lab has hundreds of violent-crime cases backed up—probably a demographics issue.

[fatlazyless]

hey acres...that's interesting that Massachusetts demographic link. When I lived there, what I heard, was to receive a Massachusetts prison sentence one had to do bodily harm to another or do a property crime to a member of the state's law enforcement family.

Chopping down an 18" diameter oak tree with an ax could take like three days.....no kidding, it's a very demanding chore....chopping down an 18" pine....better have permission from the King.......King's pine......timber!

All together now.....oh, I'm a lumber jack & I'm ok.....I drink all night...and work all day....

[ITD]

Originally Posted by shore things

Can we fit that meter and GPS logger on an ax because that is what was used in this instance.

Strangely enough, an ax will require no regulation because an ax emits no "greenhouse gases" and if you are determined enough to chop down a tree rather than use a chain saw, you must have had a good reason.

[mcdude]

Originally Posted by shore things

Can we fit that meter and GPS logger on an ax because that is what was used in this instance.

shore things: How do you know that an axe was used? Just wondering.

[fatlazyless]

Originally Posted by mcdude

shore things: How do you know that an axe was used? Just wondering.

Excuse me for jumping in,,,,DES...sparing no investigative expense....hired a forensic lumber jack who took one fast look at the stump and says 'Ayuh...this was definately axed....as clearly indicated by the multiple ax chops!

[Just Sold]

I went by the park yesterday and could not see any area that had obviously been cut. If they did tree removal maybe it was selective cutting and not clear cutting but I nor the person with me could see any evidence of tree removal from the waters edge to Sceinc Drive.
There is the bath house near the beach and maybe that was the where the trees were cut but from the road we could see nothing indicating tree removal.

[Slickcraft]

Today we walked the shore from the south park boundary up to the north boundary at Scenic Road/shore intersection. As "just sold" indicated there were no signs of illegal cutting in the main park.

However, at the north end of the park, or more likely just north of the park boundary, the "brush" had been cut back along a section that is about 120’ along the shore. This is across the street from the small white cottage, 2nd to last cottage on the southern end of Scenic Road. The brush cut was along the old railroad bed.

Most was brush of about 1" diameter that could be cut with long handle lopping shears in about 15 minutes time. One white birch of about 4" diameter had been hacked down with ax or hatchet by someone with less than Paul Bunyan skills. There was evidence of a prior brush clearing a few years ago.

My guess is that the totality of the downed material could be gathered and fit within the bed of one pick-up truck. It must have been a slow day at the news paper.

[Onshore]

An axe takes out far bigger chips than beaver do. Also, beaver teeth leave 3 relatively narrow cut marks where an axe is a single edge. Having someone say "oh ya, we did that... used the axe last weekend..." helps too.

[mcdude]

Laconia Daily Sun - December 10

Man Who Had Ellacoya timber Cut Steps Forward
....have identified the party responsible as Leonard Russo whose cottage at 227 Scenic Drive overlooks the site. ....blah, blah, blah, .....yada, yada....Amy Bassett of the Division of Parks and Recreation, which manages the state parks, said that the area, some 120 feet beyond the sandy beach, lies within the bounds of the park and the cutting was...

[Pineedles]

Bottom line though is that he gets the "view" he wants, and plants a few trees/bushs. I planted some mint plants near our shoreline this spring. It took all of 30 seconds. I could have planted 30 or 40 of these perennials in less than 10 minutes. Where's the justice here? Or is it a foolish law that needs to be looked at?

[Woodsy]

If you read the whole article, the property owner who did the cutting has a DEEDED right to do so! The only point that possibly could be argued was DES/Shoreland Protection Act permission. I dont think he required thier permission because of the wording of his deed. I suspect the planting of ground shrubbery was a nice compromise to a protracted court battle that nobody wants.

Woodsy

[Pineedles]

I did read the article as posted, and although he said he had the deeded right to do so it was still judged to be a violation. What I can't read is what his deed said in its entirety, so I can't tell whether it was reasonable for him to assume he had the right. Look, I don't want to get into an arguement here, but don't tell me I didn't read what was posted.

[fatlazyless]

As you know, the NH Shoreline Protection Law became effective last July 1, and before that there supposedly was somewhat of a rush by builders to get building permits approved.

For 2009, it looks like the area slowdown in building will continue due to tight mortgage money and the economic depression and loss of jobs.

When building gets going again the new plans will need to get the go-ahead from the state DES as part of their building permit approval as well as the local building inspector.

Many waterfront lots are pretty small....maybe one half acre in size....some smaller...some bigger. Does the new SLA spell the end for building the mcmansion that basically spans across the whole width of a waterfront lot.

Is SLA the end for the mcmansion? How...oh how...will people be able to live without a 15 rm house w/ 4 1/2 baths, two fireplaces, 70k worth of granite counters in the kitchen, a mud room bigger than a garage, and a three-car garage? How will they get along......oh-my-gawd?

[SIKSUKR]

I'd have to give him 1/2 a pass on this one and it looks like the authorities felt the same way.I actually know Amy and usually see her at Cannon Mt.I'll ask her about it if I run into her.