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Originally Posted by fatlazyless
The last few posts are talking about what will motivate people to want to go to the Weirs, plus now you know that Laconia just did an eight month, 4.2 million dollar upgrade to Lakeside Ave from Oct 2016 to May 2017. It moved all the overhead utility lines underground, and improved the view, and it cost Laconia some big construction bucks to do that.
Getting back to the Dive's legal appeal ...... if it wins and the Dive barge restaurant/bar business is determined by the Belknap County Superior Court to be soley under the jurisdiction of the state, which means the NH Marine Patrol .... it well could be that for the summer of 2019 the MP had decided to defer to the city knowing that the Laconia Planning and Community Board would be asking for a site plan amendment as of July 1, 2019.
For 2020, if the ball lands in the state's jurisdictional court, the MP may not be so lenient as it was in 2019, what with the big barge there, blocking its' Weirs' neighbors view? And, ditto that for the sand bars at Braun Bay and west Alton?
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The Marine Patrol would, and will, have nothing to do with this issue. They enforce criminal law not civil law or zoning violations.
The City has always maintained that anything on the water was a state matter and Laconia's jurisdiction ended at the water line. The issue seems to be classifying the Dive as an attachment to the Pier and applying local zoning regulations to it. To the best of my knowledge there is no zoning requirement for blocking someone's view.
It will be interesting to follow this and will most likely make case law depending upon how it is ultimately resolved.