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mcdude · 09-10-2004, 10:40 AM

click here for link
and I have cut and copied the article as when the new issue of the Grunter comes out the link will be obsolete.
Granite State News
© 2004
September 9, 2004
--------------------------------------------------------------------------------
Dream house nightmare resolved, DES gives OK
By LARISSA MULKERN
Staff Writer
WOLFEBORO — The New Hampshire Department of Environmental Services has withdrawn a cease and desist order that halted construction of a house of Lake Winnipesaukee for violating the State Shoreland Protection Act.
The settlement agreement resolves a pending appeal of the DES decision filed by homeowner’s Ian and Corrine Ferguson. The order was lifted effective Aug. 30. The Ferguson’s attorney Gregory Smith, of McLane, Graf, Raulerson and Middleton, said construction of that shorefront portion of the home resumed that afternoon.
The Fergusons, who had already spent several million dollars on their lakefront dream home, responded to the DES ruling.
“We are so relieved that we can proceed, said Mrs. Ferguson. “However, we are still at a loss to understand why the state issued the order in the first place. It came as a great surprise. But once again, we are pleased and certainly appreciative of the state’s decision, and we look forward to completing our home and moving in,” she said in a statement released last week.
The DES Administrative Order alleged the Fergusons had violated the Shoreline Protection Act, specifically in regards to height restrictions. The Fergusons filed an appeal, pointing out they had obtained all the necessary permits, had invested significantly to protect the land itself and reduce runoff into the lake, according to the statement. They had also received assurances that the plans were in compliance with the Shoreline Protection Act when they began construction, according to the statement.
According to a statement released by DES spokesman Jim Martin, the state’s decision to resolve the case was based on concerns about the overall fairness of the situation. DES, along with its legal counsel, the Office of the Attorney General, continues to disagree with many of the assertions made by the Ferguson’s in the appeal. In particular, according to the statement, DES feels that its staff acted in good faith based on the agency’s understanding of the situation.
“Nevertheless, under the specific facts of this case, there was strong potential for confusion regarding which version, the prior or as-amended 2002, of the State Shoreland Protection Act applied to the construction of this particular house,” according to the statement.
This particular case has turned out to be a learning experience for local town officials as well as state DES officials. For instance, the Town of Wolfeboro Planning Board has decided to hold a work session to look at shorefront residential development.
In its statement, DES said it intends to use the opinion generated on the matter by the Attorney General’s office to notify and educate towns as well as developers about the specifics of the State Shoreland Protection Act.
Two key elements will include:
DES in permitting a project within the protected shoreland that falls under separate permit jurisdiction of the agency (i.e. wetlands, septic) will also assess whether the proposal meets the minimum standards under the Shoreland Protection Act.
A municipal ordinance applies in place of the state law only if the State Office of Energy and Planning has certified to DES that the local ordinance is at least as stringent as the State Shoreland Protection Act. Currently, Sunapee is the only municipality to have received such certification.
Smith said that after the state reviewed its files and the records of the Town of Wolfeboro approvals, it concluded that lifting the administrative order “was the fair and right thing to do.”
If all goes well, the Ferguson’s home is expected to be completed in August 2005. Mrs. Ferguson said the family is looking forward to the move to Wolfeboro.
“The local officials were especially helpful as we moved forward with our home, to ensure that we were in compliance and I would like to thank them for their assistance,” said Mrs. Ferguson. “We look forward to the end of construction, moving in, and actively participating in the Wolfeboro community.”

09-10-2004, 10:40 AM	#10
mcdude Senior Member Join Date: Jul 2002 Location: Rock Haven Lake - West Newfield, ME Posts: 5,361 Thanks: 374 Thanked 1,044 Times in 490 Posts	issue resolved click here for link and I have cut and copied the article as when the new issue of the Grunter comes out the link will be obsolete. Granite State News © 2004 September 9, 2004 -------------------------------------------------------------------------------- Dream house nightmare resolved, DES gives OK By LARISSA MULKERN Staff Writer WOLFEBORO — The New Hampshire Department of Environmental Services has withdrawn a cease and desist order that halted construction of a house of Lake Winnipesaukee for violating the State Shoreland Protection Act. The settlement agreement resolves a pending appeal of the DES decision filed by homeowner’s Ian and Corrine Ferguson. The order was lifted effective Aug. 30. The Ferguson’s attorney Gregory Smith, of McLane, Graf, Raulerson and Middleton, said construction of that shorefront portion of the home resumed that afternoon. The Fergusons, who had already spent several million dollars on their lakefront dream home, responded to the DES ruling. “We are so relieved that we can proceed, said Mrs. Ferguson. “However, we are still at a loss to understand why the state issued the order in the first place. It came as a great surprise. But once again, we are pleased and certainly appreciative of the state’s decision, and we look forward to completing our home and moving in,” she said in a statement released last week. The DES Administrative Order alleged the Fergusons had violated the Shoreline Protection Act, specifically in regards to height restrictions. The Fergusons filed an appeal, pointing out they had obtained all the necessary permits, had invested significantly to protect the land itself and reduce runoff into the lake, according to the statement. They had also received assurances that the plans were in compliance with the Shoreline Protection Act when they began construction, according to the statement. According to a statement released by DES spokesman Jim Martin, the state’s decision to resolve the case was based on concerns about the overall fairness of the situation. DES, along with its legal counsel, the Office of the Attorney General, continues to disagree with many of the assertions made by the Ferguson’s in the appeal. In particular, according to the statement, DES feels that its staff acted in good faith based on the agency’s understanding of the situation. “Nevertheless, under the specific facts of this case, there was strong potential for confusion regarding which version, the prior or as-amended 2002, of the State Shoreland Protection Act applied to the construction of this particular house,” according to the statement. This particular case has turned out to be a learning experience for local town officials as well as state DES officials. For instance, the Town of Wolfeboro Planning Board has decided to hold a work session to look at shorefront residential development. In its statement, DES said it intends to use the opinion generated on the matter by the Attorney General’s office to notify and educate towns as well as developers about the specifics of the State Shoreland Protection Act. Two key elements will include: DES in permitting a project within the protected shoreland that falls under separate permit jurisdiction of the agency (i.e. wetlands, septic) will also assess whether the proposal meets the minimum standards under the Shoreland Protection Act. A municipal ordinance applies in place of the state law only if the State Office of Energy and Planning has certified to DES that the local ordinance is at least as stringent as the State Shoreland Protection Act. Currently, Sunapee is the only municipality to have received such certification. Smith said that after the state reviewed its files and the records of the Town of Wolfeboro approvals, it concluded that lifting the administrative order “was the fair and right thing to do.” If all goes well, the Ferguson’s home is expected to be completed in August 2005. Mrs. Ferguson said the family is looking forward to the move to Wolfeboro. “The local officials were especially helpful as we moved forward with our home, to ensure that we were in compliance and I would like to thank them for their assistance,” said Mrs. Ferguson. “We look forward to the end of construction, moving in, and actively participating in the Wolfeboro community.”