AQUATHERMS - Rights, Safety and Water Quality

[HarborSide CHBay]

AQUATHERMS have become a problem on Center Harbor Bay for the past two years, and this year again. The largest docks and the Mt. Washington are actually the "best managed" and you can literally drive vehicles right around them.

However, a couple of condominiums on Lake Shore Drive have continued a practice {even after notice and request} to run 1-2 acquatherms, without thermostat controls, without timers, 24/7. This has caused the lakeshore to be open water, sometimes hundreds of feet out into the lake, and along the entire length of Lake Shore Drive. With the snow, the apparent danger of the thin or no ice underneath is a real concern; along with others.

PROPERTY RIGHTS - Abutters have rights to the lake, riparian rights I believe is the term. It applies in the summer and winter. Current state law says that acquatherms cannot preclude ice from forming to the shore precluding public access. The NH Dept. of Safety, over a year ago, ruled that our property is not public access and therefore the statute doesn't apply. I found this odd in that the State maintains that it is the owner up to the high water mark on many other issues. Apparently, our options are (1) a writ of mandamus to compel NH Dept. of Safety to enforce the law, as interpreted by a Judge, or (2) file a civil matter and injuntion for our riparian rights.

PROPERTY DAMAGE, ABUTTER DOCKS - When an abutter runs the acquatherms as described, the side current goes along the beach and out midway to the piers of abutters docks. During heavy freezing, a sheet or 1-2 pressure lift formed in a couple days and "rolled our dock" and similarly pushed the piers of the second abutter over. We actually watched and heard our dock rolling; we had to turn on an inside acquather to break it up but we still have a $4,000+ estimate to replace those piers and dock sections. I do not know what the damage cost is to the 2nd abutter.

PROPERTY DAMAGE, WATER QUALITY- Aquatherms, propertly used and per guidelines from manufacturers and other lake associations, need to only keep the ice and water open at the end of the docking system. This (1) keeps the building ice pressure at bay, (2) allows the ice to freeze to the shore and keep the sunlight off the beach for water quality purposes, and (3) allows that ice to the shore to be there in the Spring to "protect" the docks from early ice formations broken off from heading to the open water side of the bay.

WATER QUALITY, GEESE - Needless to say, non-migratory geese are a problem everywhere. With open water a quarter of a mile along Lake Shore Drive and guess where the geese show up in groups of up to 80-100; winter, spring especially? At 1.25-1.50 pounds of fecal geese matter per day, that is one toxic hit to the water quality.

SAFETY - The second home owners, renters, recreational users have no way of knowing such a danger exists. The NH Dept. of Safety is unconcerned and will not take action, regardless of emails, on-site visits, etc. The attending officer even noted in her report that our property had two acquatherms (although she failed to note they were not plugged in, and when so, were on small periods of time also on a thermostat; and are barely used as I could dock my Formula 280SS in February with the open water pictures I've maintained).

QUESTION - AM I ALONE ON THIS ISSUE?

I do not have simple answers when "people don't care." It gets complicated when the NH Dept. of Safety doesn't either. I have the resources to go to court, and I have numerouse other abutters who will sign on, BUT DOES ANYONE HAD ANOTHER IDEA OR EXPERIENCE THAT I CAN LEARN FROM?

Thank you.

Stephen E. Grzelak
38 Lakeshore Drive
Moultonborough, NH 03254

Day Business 524-6734