Moultonborough boathouse case heading to Supreme Court

[Rusty]

Originally Posted by Outdoorsman

What a democratic way to speak out of both sides of your mouth at the same time.

The "dispute" between the two agencies is exactly what HAS landed before the NH Supreme Court.

No it isn't, the dispute is between the DES and the Corr family.

This section of the "'States Mission to dismiss" states pretty clear that the Corrs agreed to build the new boathouse to the same HEIGHT as the original one.

"1. Bryan and Linda Corr own property located on Lake Winnipesaukee at 46
Deerhaven Road, Moultonborough, New Hampshire ("Property"). Administrative Order No. 17-
028 WD, ~ 1. The two structures on the property were built in the 1950s, one a primary building
and the other near the water and frequently referred to as a "dry boathouse." See Appellant's
Petition to Appeal at~ 10-14.

2. Around March 2015, this accessory structure collapsed from snow loads. !d. at~
14.

3. On December 22, 2015 appellants sent DES a Wetlands Permit by Notification
("PBN") in which they sought to "replace an existing shoreland structure which was collapsed by
snow load with a new structure in exact location and height." AO at~ 7.

4. DES accepted this PBN as #2016-00009, conditioned upon work being completed
in accordance with an 11/2/15 plan attached to appellants' PBN. One of the project descriptions
states "REPLACE PREVIOUSLY EXISTING NON-CONFORMING ACCESSORY
STRUCTURE WHICH COLLAPSED FROM SNOW LOAD IN MARCH 2015 WITH NEW
STRUCTURE IN EXACT LOCATION AND HEIGHT." !d. (emphasis added)."