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#1 | |
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Location: Isola Gatto Nero
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That said, I think NH Shorefront Association is a great idea, and I would bet the DES does too. If you've been reading this forum for a while you probably know that ShoreThings reached out to everyone on this forum for input. She also reached out personally to people that she thought would have some constructive input and invited them to the meetings regarding these changes. Unfortunately, I couldn't make it to the meetings myself but it would have been nice to have had representation through and organization like nhshorefront.org.
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La vita č buona su Isola Gatto Nero Last edited by Gatto Nero; 01-14-2008 at 07:54 PM. |
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#2 |
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I am with you Aquaman. Gatto, unfortunately they have different interpretations, depending on who your reviewer is. It is a damn big hassle and I only see it getting bigger. I think they have already started changing to the new rules, even though they aren't final yet. I think it is a huge mess down there and will only get worse in April. I wonder if Shore Things really cares or that was just a show. Once the going got rough she disappeared. Sorry but this whole thing gets my dander up!
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#3 |
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Tis, I agree, in part.
It has been my experience that they do have different interpretations of the rules and that that can be painful. But I believe that the new rules are, in part, intended to be more finely defined so that there is less left up to individual interpretation. I'm not saying I like the rules, I just don't blame the people who enforce them for the problems those rules create. I reread the changes again tonight and my head was spinning when when I finally got through it. I honestly can't say if they are all that much more strict or not, at least the parts that concern my situation. They may even work in my favor, but there is no doubt that the permit process will be about 10X more complicated. So far I have been able to handle everything I have gone through on my own, and I've been through a lot. I have serious doubts if I will be able to do that if/when I ever need to deal with it again. I can't argue about other people's intentions, only my interpretation of them, and I believe the intentions of the people I have dealt with are sincere. Think about it. What motive would they have to screw you over? Why would she bother posting if she didn't want the opinions the post would produce? Do you go out of your way just to mess with people in your job? Ok, maybe once in a while, but it's usually in good fun. ![]()
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La vita č buona su Isola Gatto Nero |
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#4 |
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Gatto Nero, I appreciate the sentiment but it is unnecessary. You are correct that DES is happy to see the development of an organization that will help keep the people who are directly affected by our programs informed. Our only concern is the adversarial tone that seems to be developing. The NH Lakes Association is a similar organization to this new NH Shorefront organization with which we have had a cooperative working relationship for many years. We are somewhat dismayed by statements on this new organizations website that insinuate that the public was not involved in the development of that new standards since some of the membership of this new organization has been directly involved with the development of these new standards since September of 2005. Given the fact that of the five founding members of this new organization; one was a voting member of the Commission that proposed the changes to the Shoreland Act, a second was employed by a voting member, two others were personally involved in hammering out compromises during the senate hearings on the legislation, and three of the five were also directly involved in the same meetings to develop the new rule package you had been invited to attend we would hope they would wish to continue the development of the program in a positive and cooperative manner. Regardless of the approach they take from here on out the fact that they are increasing public awareness of the issues is the most important thing.
Tis, I understand your frustration and whether you choose to believe it or not I can assure you the shoreline and shoreland staff is greatly concerned with developing a program that issues its decisions in a fair, timely, and above all, consistent manner. Please understand that as an employee of the state my job is to apply the standards and requirements put in place by the legislature or through the administrative rule process. While I can answer any factual questions that people may have but I cannot answer questions relate to personal philosophy or opinions on the issues because I am required to maintain my objectivity. Simply put any opinions I may have are irrelevant and cannot be allowed to enter into these discussions. |
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#5 |
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Having the NH-DES particapate in this discussion is welcome and refreshing. Thanks "Shore Things" for keeping the public informed and maintaining integrity in the process.
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#6 | |
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The two newest neighboring homes will have to dredge the lake bottom for their boats as a result of the spec-builder's failure to mitigate their own series of cascading failures. The problem continues uphill, which this spring will likely see a big fertilized lawn on an impossibe-to-mow slope to keep still more of the scarified lot from ending up in the lake. It's possible that wood chips will be used instead, which also get washed into the lake—then gets replenished again. This gross inattention to Mother Nature only serves to feed the algae and milfoil already in the lake. This photo shows how the localized flooding even carried rocks downhill across the dock's surface. Something has to be done to keep the lake healthy, and it wasn't happening in 2007. |
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#7 |
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The newest draft of the proposed Shoreland Program Administrative Rules, Chapter Env-Wq 1400 has been posted on-line at:
http://www.des.state.nh.us/RuleMaking/ |
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#8 | |
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see Citizen Article here......
SHOREFRONT PROPERTY OWNERS FORM ASSOCIATION Quote:
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#9 |
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Oooohhhhh....nnnoooooo....thanks for the heads-up, McDude....this means I gotta get started like right away saw'n down those three ugly, old, large, Pin Oaks that arch out over my tiny little 55' waterfront.....since all I got is a 12" electric chain saw.....from U-know-where....and them trees need to be gone by April 1......or else....they is here .....basically forever!
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... down and out, liv'n that Walmart side of the lake! |
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#11 |
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Thanks for that post Skip. It seems they should have the rules in place before they enact it.
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#12 |
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The local construction crews will be happy. This winter has been tough on business. It will be a noisy spring.
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#13 |
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#14 |
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Yes, good question. So, what's next for the intrepid developers on Sheep Island, Lake Wicwas? Did the 490-525, no vote on their zoning friendly article change their persona from a couple of wolves, to a couple of sheep? Ouchy ouchy...gotta be expensive....legal costs & all.... & plus the tightening of mortgage credit locally does not help..
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... down and out, liv'n that Walmart side of the lake! |
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#15 |
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Well, here's where the Shoreland Program stands right now. We will be ready to bring the program on line on April 1 if the law still requires it. The next hearing on the shoreland rules package is this Friday, March 21. The major point of contention has been the establishment of criteria to qualify a project as "vested". Briefly, "vested" simply means that your project is sufficiently underway and thus should not have to obtain the new shoreland permit. This is a dangerously oversimplified explanation but the problem is that the State's attorneys, the attorneys serving as lobbyists for a couple of groups, and the JLCAR's attorneys are still hammering out the criteria for qualifying as "vested". When this is settled DES will have to provide guidance documents explaining what it takes to be "vested" as well as just what being "vested' means. Another significant change that may come out of the last meeting involves the requirement for a stamped surveyed plan. Originally DES only wanted a surveyed plan when there would be more than 20% impervious area. JLCAR heard testimony at the last meeting stating that a surveyed plan should be required for all projects. We frankly do not want those plans for all projects because of the cost associated with obtaining them. However we may need to take the compromise position of requiring them for projects having as little as 15 % impervious. I can not emphasize enough that people take time to go to the rulemaking website listed earlier in the thread and check for the latest version and amendments to see what's coming.
If the Legislature does manage to get the effective date moved then we will of course adjust accordingly. What the Citizen article does not explain is that there may be other changes coming that we will need to address. The amendment to HB 1151 is in large part to allow time for the legislature to debate some other possible changes (including the issue of "vesting") included in another bill. These issues had been being argued/discussed under Senate Bill 417. This bill is being terminated but the same issues will now be heard as part of Senate Bill 352. BTW while writing this I received word that it is highly unlikely that the House will get to HB 1151 this week and therefore, it will not be heard before their next session which is April 7. That would be after the law takes effect on the 1st... |
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#16 |
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I guess this is not surprising considering 483Bs Legislative sponsors were all Democrats and our legislature and executive branch is now Democrat controlled.
The more complex you make these laws the more difficult(and expensive) it is to administer. DES people appear to have their ducks in a row but our legislature is screwed up. What do I do with my project now? I am 80 percent complete. Dont ask how that is measured or the Democrats will have to come up with a new bill and a fee to calculate it for me. |
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#17 |
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What does 80% complete mean?
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#18 |
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shore things- is it still highly unlikely (after the vote this morning by the Senate committee) to get to the house now?
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#19 |
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still highly unlikely.
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#20 |
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My house is framed and roofed but not sided or finished inside. The septic is installed and seeded over with grass seed and mulch. The area between the house and 50 feet from the lake was seeded and mulched last fall. I still need to grade loam and seed
around the house which is 225 feet from the water. I also need to gravel the driveway which starts 200 feet from the water and goes by the house around 240 feet from the water. Miscellaneous things like water lines and well hookups need to be done. |
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#21 |
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Hemlockpoint - Your project is if far enough along that you would be ok under every version of proposed rule, law, and policy that I've seen thus far. If your primary structure (house) foundation is in and your driveway is roughed in before April 1 then completing those structures is not going to require anything new from DES. From what we've seen so far, if a problem were to arise it would be in relation to outbuildings or not building according to the plan approved by the original building permit. If your primary structure and driveway (gravel by law is considered impervious unless specially designed and laid down) put your property at or above the new impervious surface limits, then after the date the new law takes effect, initiating construction of any new structures, such as a garage, even though they were covered by the local building permit, may still be illegal. The other thing is that you will likely only be covered for those things specifically permitted on the local building permit you are operating under. If you don't build according to the plans sent to the municipality or the permit is vague and no plans were required, then you may not be covered by any vesting provision.
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#22 |
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recent e mail from NHSA doubted that the house would extend the deadline or at best July 1
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#23 |
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Why no vote shore things? Also I heard the state has started relating the size of the house to the size of the septic which hasn't been done before. True? I also heard there is consideration of extending the amount of coverage allowed. ????
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#24 |
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I can't answer the "why"...
There are changes proposed to the impervious criteria. The upper limit would still be 30 % but the requirements associated with it are different. These changes are laid out in SB 352. Nothing on any of these issues is final though until someone puts paper in front of the Governor and it get's signed. New Septic rules were adopted in February. The State still bases the size of the septic on the number of bedrooms. The biggest difference we are seeing is with developed, undersized lots. If you have an existing camp or house on a lot that is too small to meet the loading standards then you will not be allowed to expand the house or camp in any way. Maintaining existing conditions is allowed, expansion is not, even if it is not technically adding bedrooms. If you have a lot large enough to meet loading standards or are on municipal sewer then this is not an issue. |
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#25 |
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I appreciate you answers, shore things.
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#26 |
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#27 |
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Unless of course your name is Yogi Berra in which case you should stick to fractions because you're horrible with percentages...
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#28 |
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Wouldn't the new 50'x50'-point system rule as it relates to tree cutting also be delayed now until July 1, 2008?
Are we still under the 50% basal area in a 20 year period rule through July 1, 2008? Of course the stifling gas prices will help curtail chainsaw operations, but I just want to be sure... |
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#29 |
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Shore Things:
The post-July 1 rules define the 50x50 foot grid as "starting from the northerly or easterly boundary of the property." If the shorefront runs from NW to SE, is there a choice? Or is this a case where the folks in charge will decide the opposite of whichever I pick? I have a related question. I've begun a tree survey, in anticipation of some later tree removal. Using a long steel tape and some triangulation, I can come up with a fairly decent map of where the trees are. However, given the typical irregularity of the shoreline, terrain, and slopes, location of any tree could be a couple of feet off. This could put some trees in one grid or another if close. How picky are the Concord office types going to be? I certainly hope I won't have to have an expensive survey crew come and do a "certified tree map." Your comments? |
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