Moultonborough boathouse case heading to Supreme Court

[MAXUM]

Originally Posted by LIforrelaxin

Actually Woodsy, the issue is not who wins DES or Wetlands... The state has already decided who wins that argument.

The Corrs are fighting with the state, for the right to continue with their plans. It is the Corrs against DES, according to all the Documentation I have seen... And from the sounds of it DES is very clear, make the structure conform to the permits....

Sure about that? Seems this is all over a split decision by the state.

DES appealed this case to the Supreme Court arguing "The Wetlands Council decided to grant the appeal based on a contradictory interpretation of RSA 483-B:11."

I believe this is what is being hotly debated, interesting items taken out of context:

I. …..Such repair or replacement may alter the interior design or existing foundation, but shall result in no expansion of the existing footprint except as authorized by the department pursuant to paragraph II.

II. When reviewing requests for the redevelopment of sites that contain nonconforming structures or any expansions of nonconforming structures the commissioner shall review proposals which are more nearly conforming than the existing structures, and may waive some of the standards specified in RSA 483-B:9, so long as there is at least the same degree of protection provided to the public waters.