Quote:
Originally Posted by tis
Well, if the Marriott's pockets aren't big enough to get what they want, I don't know who's are! They lost to the state on their boathouse.
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I found this on the
Department of Justice (DOJ) website:
RELEASED BY: Attorney General Philip T. McLaughlin
SUBJECT: Richard E. Marriott to Restore Boathouse, Pay $200,000 Civil Penalty in Settlement of Wetlands Case
DATE: August 29, 2002
CONTACT: Assistant Attorney General Richard Head
(603) 271-1248
RELEASE TIME: Immediate
Attorney General Philip T. McLaughlin and Department of Environmental Services Acting Commissioner Dana Bisbee today announced that Richard E. Marriott of Washington, D.C. has entered into a Consent Decree to resolve claims brought by the State for trespass on State-owned public waters, alteration of wetlands without a permit, and conversion of a boathouse into a dwelling over public waters. The State has submitted the Consent Decree to the Carroll County Superior Court for approval.
The State's lawsuit alleged that Mr. Marriott violated State law when he extensively refurbished his boathouse located over Lake Winnipesaukee in Tuftonboro. The suit alleges that Mr. Marriott converted much of the first floor of the boathouse from a docking facility to living quarters, including a kitchen and dining area, after being advised by the State that the law did not permit such a conversion. Because the State holds the waters of all great ponds in trust for the benefit of the people of New Hampshire, the suit alleged that the conversion of the boatslips to living space was a trespass on State waters.
In addition to the conversion of the boathouse to a residence, the State's lawsuit alleged that Mr. Marriott constructed structures over water adjacent to the boathouse without a wetlands permit, including a new deck and bench along the southern side of the boathouse; a new deck off the eastern side of the boathouse; and an enlarged canopy over exterior boat slips. The bank of Lake Winnipesaukee was excavated to construct the enlarged canopy over the exterior slips. The lawsuit also alleged that Mr. Marriott dredged and filled more than 10,000 square feet of wetlands during the construction of a septic system serving the boathouse and other structures on his property.
Under the Consent Decree, Richard Marriott will pay the State a $200,000 civil penalty for the wetlands violations. In addition, Mr. Marriott must restore the first floor of the boathouse to its original primary function of docking boats by removing all newly enclosed living areas. Bathroom facilities added to the third floor will also be removed and Mr. Marriott will record a use restriction limiting the residential use of the boathouse.
Mr. Marriott has also agreed to narrow the breakwater adjacent to the boathouse, and remove exterior decking added as part of the boathouse conversion. In addition, he will restore the wetlands impacted during construction of a septic system.
The $200,000 civil penalty is the largest cash penalty ever collected by the State for violations of New Hampshire's Wetlands Act.
Attorney General McLaughlin commented that the State takes its responsibility as trustee for public waters seriously. "New Hampshire holds its lakes in trust for the public and for future generations," said Attorney General McLaughlin. "Turning a boathouse into an exclusive private residence violates this trust and calls for enforcement action by this office."
"These were substantial violations that called for substantial remediation and a significant penalty," stated Acting Commissioner Bisbee. "We are pleased that Mr. Marriott and the State were able to reach this settlement agreement."