Finally, the frost heaves are in bloom

By Ray Carbone

There’s a tender coldness to the air today.

It’s spring in New Hampshire – the New Hampshire that’s on calendars, not the one that’s got lighthouses or the one that looks likes the suburbs of Boston. New Hampshire’s spring has some wonderfully charming days like this one.

The only thing that it compares to it is in the fall, when the leaves stand posed at the end of branches showing off their red and gold colors, as they prepare to launch out into the cool blue sky and onto the green-brown ground.

These spring days are pregnant with warmth.

Not real warmth…

There’s a poignancy to these days too, a real sense that they’re here only to leave, like your first love or seeing your favorite car just as it disappears around a corner. These spring days are pregnant with warmth. Not real warmth yet – that’s still ten or fifteen more degrees away before we’re casting off our coats and sweaters. But, a warmth still the same, something that bespeaks of light ahead.

In this New Hampshire, that hint is mostly seen in the heavy water. Somewhere, deep down, below that drift of snow leaning against the barn, beneath the plowed piles clinging to the sides of your driveway, is the water, melting down as the depth of the snow sinks.

It’s known as mud season here, starting sometime in March and heading into April, May, even June some years. It’s messy and annoying, but it’s also a promise.

Spring is here. Summer is coming.

© 2019, Carbone Productions, LLC

 

 

 

 

 

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The first ski trains in New England were launched in Warner, N.H.

By Ray Carbone

WARNER – Looking at this small picturesque New England town today, it’s hard to imagine the significant role it once played in the development of the region’s winter tourism industry.

But it was about 85 years ago when a local businessman made the biggest deal of his life, drawing more than 200 people to town in America’s first “ski train.”

‘They left Boston’s North Station and arrived in a town with a little over 1,000 people… Word spread, and Warner was soon known as the winter sports capital of central New Hampshire.’

Rebecca Courser, the executive director of the Warner Historical Society, talked about the event, and the subsequent impact of impact on the town, as a special “Snow Train Dinner & Talk” in the town hall recently. The society’s fundraising event drew more than 200 people.

Buck Whitford introduced skiing to the town in 1909, Courser explained. He’d picked it up when visiting family members in Minnesota, and initiated friends and neighbors into the sport. It wasn’t long before locals in Warner – and in other northeastern communities – were making their own wooden skis, swooping down their hills and mountains.

But it was John “Happy Jack” Chandler who initiated the ski trains, according to Courser. In the early 1930s, Chandler took a trip to Boston. He visited several large businesses where he promoted Warner as a great place for a wintertime company trip. Some of the organizations sent representatives to the town and, after seeing the local hotels, restaurants and skiing facilities, some – including the John Hancock Insurance company – decided to take Chandler up on his invitation.

“They left Boston’s North Station and arrived in a town with a little over 1,000 citizens,” Courser said of the early ski trains. “The Boston folks grew to have a great appreciation for Warner as a winter playground. Word spread, and Warner was soon known as the winter sports capital of central New Hampshire.”

Of course the operations were relatively primitive. With no snowmaking equipment, business was completely dependent on natural snowfall. So when one winter brought a dearth of good cover, Armdam Doucette, the town barber, challenged the other men in town to join him in a pledge, “not to shave until we get some skiable snow,” Courser said.

In 1950, the Boston-Warner ski train brought 1,200 people to town, making the largest corporate outing America had ever seen.

Almost 30 men participated and, although there’s no proof that it impacted any wintry precipitation, it did bring the town some unexpected publicity. “Permanent five o’clock shadow hovers over Warner,” was a headline seen as far away as California, Courser said. And when the snow finally arrived after Christmas, the ski train people returned.

When the country entered the prosperous post-World War II years, things really took off. At that time, there were 14 inns and hotels operating in Warner during the winter months.

One weekend, approximately 900 Hancock employees got off the ski trains, virtually doubling the town’s population. In 1950, the Boston-Warner ski train brought 1,200 people to town, making the trip the largest corporate outing America had ever seen.

But by 1956, poor skiing conditions and increased competition from places like the state-owned Sunapee resort began the decline of the local tourism industry.

“Many of the inns shut down abruptly,” Courser noted.

War.SkiRR-statn
Main Depot receiving snow train visitors. Dr. Put’s cadillac, Henry Wachsmuth Buick, James Hardy truck. 1953

 

The local ski operations were eventually turned over to the schools. When construction of Interstate 89 divided the primary ski area, the operations were later moved to the Mink Hills area. By the 1980s, the ski businesses were gone.

But the ski trains had a major economic impact on the town for more than 25 years. It brought new people to Warner, some who returned during the summer, and some eventually settling here. And the winter population hike forced local residents, businesses and civic organizations to work cooperatively, Courser concluded.

This story first appeared in the InterTown Record weekly newspaper, published in Sutton, New Hampshire, Tuesday, February 19, 2019. All images are courtesy of the Warner (N.H.) Historical Society.

 

A Small New Hampshire Town Discovers Its Black History

This story first appeared in Winter 2018 edition of “Around Concord (NH)” magazine, which is published by the Concord Monitor newspaper company. All photos are courtesy of Warner Historical Society; relevant captions are below.

By Ray Carbone

Across the story of America, the history of black people remains a darkened corner. We’ve failed other people – the Irish faced harsh discrimination, Native Americans are still routinely marginalized, and Japanese-Americans serving in World War II saw their families interned – but the long, sorry tale of America’s sin against its black citizens is remarkable for both its length and its scope.

Equally as is remarkable are the incredible dignity displayed and successes achieved by many slaves and their descendants.

‘Warner! Can you imagine,’ Boggis asks rhetorically. ‘When you think of this out-of-the-way place! But there was a community of colored people there. And it was not just one family, they were integrated into the community. They were part of the town.’

New Englanders can rightly claim a significant role in ending the outright slavery of black people because the abolitionist movement flourished here. But there are still shadows here. But it’s an imperfect history. For decades, most New Hampshire residents believed that there was no slavery here and that racism was never a problem simply because we lived in one of the whitest states in the country. That fallacy ended in the 1990s, when seacoast residents uncovered the little-known history of black slaves and servants who worked in and around Portsmouth during the colonial era. Today, the Portsmouth Black Heritage Trail allows people to follow this rugged trek.

But JerriAnne Boggis, executive director of the nonprofit organization that created the Portsmouth trail, says there’s still more that needs to be told. She’s working with historians around the state to fill in the largely hidden history of black people who lived in rural New Hampshire towns during the early days of the nation – places like Andover, Hancock, Milford, and nearby Warner.

“Warner! Can you imagine,” Boggis asks rhetorically. “When you think of this out-of-the-way place! But there was a community of colored people there. And it was not just one family, they were integrated into the community. They were part of the town.”

“The fact is that there was a community from at least 1810,” confirms Rebecca Courser, executive director of the Warner Historical Society. “But it was not until 1850 that they were listed in the census.” Before that, individuals in white families were listed by age under the head of the household, but black families were simply numbered as freed colored persons, sometimes in the margins.

Warner could become part of statewide trail. (See I. below)

 

The Warner Trail

Courser is excited about the possibility of having spots in Warner eventually listed on the new Black Heritage Trail of New Hampshire. That project is currently being developed in conjunction with JerriAnne and the Portsmouth-based group.

“You can drive by the William Haskell House,” Courser says referring to the former home of a black man renowned as a talented basket maker. “In Waterloo [another section of town], there’s the house where Clarence Steward lived, who was the [African-American] secretary for Nehemiah Ordway.” Ordway was a prominent politician who served as Sergeant of Arms at the U.S. House of Representative, and a governor of the Dakota Territories.

“I would run across this material – vital records and deeds, things like that – and I was curious. Who were these people? What were their lives like?

“Then there’s the Waterloo School House, the Roby School House, and the Village and Burnt Hill schools,” Rebecca continues, noting that black and white children were integrated in those institutions.

A Warner leg of the statewide trail could also commemorate the black community that lived on what’s now called Poverty Plain Road – but was once known by the racial slur N—r Plain. Or there could be a marker near the wetlands alongside old Prince Hastings’s home, nicknamed Chocolate Swamp.

Courser was serving as Warner’s assistant town clerk several years ago when she began seeing things in old town records that piqued her interest about former black residents. “I would run across this material – vital records and deeds, things like that – and I was curious,” she recalls. “Who were these people? What were their lives like?”

As others have found, resolving those questions is hard.

Most black Americans had little or no education, so there are few personal journals or other papers that have been preserved. One significant exception is Our Nig: Sketches from the Life of a Free Black, which was published in 1859.

In addition, what is available doesn’t provide a full picture of how most residents saw their black neighbors. “What did the silent majority of people in town think of them,” Rebecca asks. “We don’t hear about it. We don’t know.”

What exists is not heartening. In town histories written in the later 1800s, white residents frequently recalled their black neighbors as stereotypically simple-minded and naturally subservient.

America’s first black celebrity lives in the region. (See II. below)

“The stories that we see written up are usually not flattering,” Rebecca says. “Many of them are derogatory. ‘ They were stealing things,’ or ‘They’re alcoholic.’”

What Courser and other historians around the state are discovering is that most black residents were good, law-abiding citizens who paid their taxes and supported their communities. “There was at least some Afro-American men who, after the Revolutionary War, were amassing land here and there,” JerriAnne explains. “And they would donate land to the town for a school or for a library.

TonyJones1896

 

“They were doing the same thing that we think of as something the founding white fathers were doing,” she says.

A Bit of Warner’s Diverse History

Anthony Clark was a multifaceted man who made a significant impact on his community. He came to town in the early 1800s, and may have among the black men awarded their freedom for fighting in the Revolutionary War. He enlisted when he was 19-years-old and is mentioned on official papers as being “on command at the lines,” i.e., engaged in active duty.

Anthony worked as a laborer in Warner, which was a common job for freed black men, but he was also an accomplished musician and craftsman.

Anthony would start playing his fiddle to draw a crowd and his daughters would dance a jig. Soon men of all ages would ‘pitch-a-penny’ for the chance to dance with them.

In 1804, Anthony married Lucinda “Lucy” Moor of Canterbury in a Warner church. Over the years, the couple raised 10 children and, for many years, the family was prominent at social gatherings around the region.

According to one report, the Clarks would typically start out by pitching a tent at outdoor events, like musters and town celebrations. Anthony would start playing his fiddle to draw a crowd and his daughters – Sual Hall and Lydia Clark – would dance a jig. Soon men of all ages would ‘pitch-a-penny’ for the chance to dance with them. In between, the Clarks sold their homemade gingerbread.

A neighbor, known as Prince Martin, may have sometimes joined the music. “Another Negro, born in Africa, for many years lived in the Warner woods under the name of Prince Martin,” one white resident recalled in 1823. “He could sing many songs and play on the ‘bones,’ and always had a crowd of listeners round him.” The ‘bones’ were percussion instruments literally made from bones and popular in some African cultures.

MaryMoodyPlains.jpg

Between big events, Anthony traveled around the area, playing his fiddle and calling dances at both pubic and private gatherings. The trips made him a part of a network of people who kept black residents in different communities connected to one another. It was a role he shared with itinerant laborers and drovers like Caesar Lewis, who lived in nearby Sutton. The drovers would move animals – including turkeys – over land to Brighton, Massachusetts, where the animals would be slaughtered for food. “[Caesar] was a man of good abilities, good manners and unblemished integrity,” one resident recalled.

Anthony was an esteemed dance master who taught dance and its social etiquettes to both adults and children. He would sometimes rent space in a local tavern and spend the week giving lessons as the tavern owner enjoyed a boost in sales. At other times, Anthony would take the lead role at community events. “Tony Clark and his fiddle [acted] as inspector-general,” one resident recalled, referring to festivities following one muster.

Anthony was by all accounts an intelligent, gracious man who made a long-lasting impression on Warner. “[He] probably did more towards instructing the young people in the arts and graces of politeness and good manners than any other man of his day and generation,” reads one report.

An  indentured servant authored one of first novels published by a black woman in North America. (See III. below)

When Anthony died in 1856, reportedly at more than one hundred years of age, he was buried with military honors. He and wife Lucy are in the Pine Grove Cemetery, still the only black people in Warner with a headstone marking their graves.

It wasn’t long, however, before the racial prejudice of the later 19th century began infringing on Anthony’s story. An 1895 publication, A Sketch of Warner, claimed, “Anthony may have never fought [in the Revolutionary War], but carried water and distributed cartridges at Bunker Hill, and in the capacity as waiter he served [General George] Washington… He used to fiddle for the officers, and after peace was restored, he drifted to Warner where he was ready with his fiddle for 50 years.”

Within a generation, Anthony’s record had been downgraded from active service to the country to work as a server and a waiter. Even his move to Warner was described as drifting, rather than a planned move to establish a home for his family.

Anthony’s story included one more twist. His second-youngest son, Timothy Clark, changed his last name to Lyman. Timothy believed that Dr. Henry Lyman, a local white resident, had impregnated his mother.

“It’s interesting,” Rebecca says. “Was it consensual, not consensual? Was it in payment for some medical stuff? Who knows? Was she working for the household, doing housekeeping types and laundry, and taken advantage of? Maybe it was love. Was there a romantic relationship? Who knows?”

Another one of Anthony and Lucy Clark’s children, their daughter Caroline Clark, grew up to marry a black man named William Haskell. That couple’s only son, James Haskell, eventually served in the famous 54th Massachusetts Colored Regiment during the Civil War. the regiment is commemorated in a famous bronze relief sculpture on the Boston Common, created by noted 19th century New Hampshire artist Augustus Saint-Gaudens. The family lived in a Main Street house that still stands, where William set up his workshop.

Store-GeorgeMoody

Haskell became known throughout the region for his high-quality products. Baskets were an essential household item at the time, since people used them to carry important foodstuffs and other goods as they walked from place to place. His Main Street location was also perfect for the crowds of people who flocked to the town for the annual fall fair.

In business directories published between 1885 and 1895, Haskell’s basket-making business is the only known black-owned business listed in the area. “He was written up in the newspaper for making 400 baskets in eight months,” Courser reports. “Based on his inscriptions on the handles and the baskets we have in our collection – and the newspaper story – we can see that those baskets were utilized for years. They were considered sturdy.’

James Haskell followed the path of his grandfather Anthony Clark, serving with his cousin John Haskell for the Union in the Civil War. Their names are among the five black men on Warner’s Soldiers Monument in the village.

Leaving, and some passing

Around 1810 in nearby Henniker, another black man surnamed Haskell became known for marrying a white woman. . “Because,” he claimed, “all the colored women feel themselves to be too good for me.” It’s not clear whether he was related to the Warner Haskells.

On the other side of Warner, in Sutton, another former slave married a white woman, and eventually became prominent in his community. Lot Little was owned by a tanner named Thomas Little on the seacoast. Renaming slaves with unusual or humorous names based on their white families’ surname was common. A Revolutionary War veteran, Lot followed his ex-owner’s family to Sutton where he managed properties for the family and, later, for himself.

‘[Anthony Clark] probably did more towards instructing the young people in the arts and graces of politeness and good manners than any other man of his day and generation,’ reads one report.

Town records show that Lot Little paid taxes on property and voted. Unlike other black people, his family was always listed among the white residents. Dr. Lynn Clark,, a Contoocook historian and independent researcher, speculates that he may have won an extra measure of respect due to his military service. Or, it may have been because he’d shown himself to be a responsible property owner, or, simply because he was light skinned.

Despite that, a 1890 town history recalled Lot Little in this atypical description: “[He] clung affectingly to the family in which he had been kindly reared [i.e., his former owners], and the old feeling of dependence, the natural outgrowth of the peculiar relation of master and slave, made him ready to attach himself to [their] fortunes.”

Lot Little’s decedents stayed in Sutton. Eventually all traces of their mixed race identity were lost, Clark says. “Some of them are still here but they’re not perceived as black anymore.”

It was part of a pattern of either passing for white or moving away that began in the mid-1800s when a particularly virulent wave of racism swept across the country. Especially after the passing of the Fugitive Slave Act of 1854, requiring everyone to assist in the capture and return of escaped slaves, many black residents of New Hampshire left for Canada or the West.

For those who stayed – or who’s stories remained, like Anthony Clark – many were simple “white-washed” to minimize their impact on the community.

“Most people don’t know about this,” Clark says. “The remark we hear most often is, ‘I had no idea.’”

With the help of organizations like the Historical Society and the Black Heritage Trail, we all have the opportunity to learn more about this aspect of our area’s history and celebrate the contributions of African Americans made to our society.

(More below.)

Photos captions: (1) William and Fred Sanville, the young black children in front, attended the School Street School in Warner circa 1903-04. Their parents were Wilfred and Annie Moody Sanville but they also lived for a period of time with their grandmother, Mary Moody,. William would later serve in World War I.  (2) Tony Jones was chosen to be the page boy of the Simonds Free High School Class of 1896.  His mother, a widow named Annie Jones, had moved the family north from South Carolina to work in the household of a local white family, Henry and Sarah Davis of Warner. Marion Davis, the couple’s daughter, was a graduate of the high school, which is why Tony was chosen to participate in their graduation activities. (3) Mary Moody resided on the Plains road in Warner and was head of a multi-generational household. This photograph was taken in the 1800s, when Mary was in her mid-fifties. She was paid to nurse other residents in the area and  often received monies from the town pauper fund for pay for food and clothing for her grandchildren. (4) George Moody, the son of Mary Moody, worked as a laborer. He was married to Cora Robinson when their young child Walter died in 1899 at age one. All photos are courtesy of Warner (NU) Historical Society.

I. Warner could be on statewide black history trail

In 1995, Valerie Cunningham founded the Portsmouth Black Heritage Trail to commemorate the history of black people who lived in and around state’s only port city in early America. The trail developed a self-guided tour that uses public signage, as well as educational programs and community events that celebrate this little-known story. Now the all-volunteer nonprofit organization that manages the Seacoast trail is spreading out to other parts of the state with the goal of developing a statewide resource called the Black Heritage Trail of New Hampshire.

JerriAnne Boggis, the executive director of the organization, said that research is already underway and that local historians are working with educators to create a number of resources, including a self-guided tour that would be available online, “so people can do it with their cell phones, they can find these sites,” she explains.

The project worked with two towns – Hancock and Milford – in 2018 and hopes to involve about 13 more in the next three years. JerriAnne says that, eventually, markers and other commemorative instruments can be used at sites around the state.

 

potterhstmrkr

II. America’s first black celebrity lived in Andover

Most black people who lived in America in the 19th century were slaves, captured or bought as animals in Africa or the Caribbean. That was the background of Richard Potter: he was born in 1783 in Hopkinton, Mass., the son of a black mother who was “owned” by his father, a white colonial official.

Richard grew up in the Boston area, but he had an endearing charm and quick mind that marked him as different. When he was 16 years old, he traveled to Europe with a family that employed him. It was there, among the artists and entertainers, that Richard began learning the creative skills that allowed him to become one of the first popular entertainers in America.

His skills included legerdemain (i.e., card and coin tricks), acrobatics, but it was but, principally ventriloquism that led to his notoriety. That trick was unknown in the New World at the time.

Richard learned to amaze people with his ability to make it appear that voices were coming from handbags and animals, but his charismatic, courtly character helped make audiences comfortable. He had “a constant smile seeming to illuminate his face,” said one acquaintance. To his tricky, Richard added songs, humorous speeches and dancing on eggs.

When he later married Sally Harrys in 1808, Richard occasionally added her sweet voice to his music as the “evening’s brush to sweep away care,” as he advertised his presentations.

As his reputation and repertoire grew, Richard took the act on the road, appearing all over New England and New York. Around 1820, he toured all of pre-Civil War America, giving shows in southern slave states as well as New York, Philadelphia and parts of Canada. It was likely the first time any entertainer took such a wide-ranging circuit.

In 1813, Potter purchased land to establish a farm in Andover, about 25 miles north-west of Concord. He told Nathan Hale, the famous patriot and newspaper editor:

The surest anchor, I thought, was to have some determinate object always in view, and none appeared to me more decisively powerful, than an independence that would secure me from poverty and public charity, when advanced age or youthful competitors drove me from this temporary enjoyment. Having a good wife, well acquainted with country business, I concluded that instead of carrying her about with me as an assistant, it would be better to have a home, which would be to her a congenial occupation, and to me a polar star, towards which I would always set my course. –

Richard had a gentle, courteous manner but practiced a severe personal discipline. He told Hale that he “avoided gambling, drinking and idleness,” and became a “strong temperance man.” It is ironic, then, that Sally developed into an alcoholic whose irresponsible behavior hampered the family for years.

In John A. Hodgson’s recent biography Richard Potter: America’s First Black Celebrity, the author speculates about how much of the entertainer’s life was impacted by his skin color. In his early performing days, Potter was content , and sometimes even encouraged, people to speculate about whether he was a Hindu or from some other foreign culture. But most of his audiences apparently knew and accepted that he was, to use the terms of the day, colored.

“His manners were impeccable, his behavior decorous and polite, his bearing gracious and almost courtly. But his complexion was dark, as was his wife’s,” one friend recalled. The author did not uncover many specific incidents where the entertainer was hampered by racism, but it appeared to regularly add a tone of unpleasantness to his life. And it may have been part of the reason for an antagonism that later developed between him and his Andover neighbors.

Richards died in 1835 and his wife passed away soon afterwards. They were buried on their farm but their graves were later moved to a place near the local train station. The station – and the village – are now known as “Potter Place.” A NH Historic Marker commemorates the famous performer’s life.

 

harrietwilson

 

III. Harriet E. Wilson: Indentured Servant and Author

One of the main problems for historians researching the lives of early American black citizens in New Hampshire is the paucity of reliable source information. Since most black people – in fact, most Americans – had little or no formal education, there are few diaries, journals or other personal papers available. A major exception is Our Nig, or Sketches from the Life of a Free Black, a autobiographical novel written by Harriet “Hattie” E. Wilson.

Wilson was born in Milford in 1825 to a black father and a white mother, and was still a young child when her impoverished mother abandoned her to a local family. Hattie lived the family as an indentured servant until she was a teenager.

Our Nig is considered a fictionalized version of Wilson’s life under the oppressive yoke of the family. Originally published in 1859, it’s one of the first novels published by a black woman in North America.

Despite its sympathetic view of the lives of black people, the book was unpopular even among people like abolitionists in the North. Some historians say that was because it showed that freed black people in the northern states sometimes faced the same harsh treatment as many slaves in the southern slaves.

The memorial monument to novelist Harriet Wilson is in Milford, where she spent most of her early life. The statute was commissioned by the Harriet Wilson Project, a local organization that’s working to have Wilson’s historical book, “Our Nig, or Sketches from the Life of a Free Black,” and other aspects of New Hampshire’s black history incorporated into the state’s history.

Around Concord” magazine is available at Gibson’s Bookstore (S. Main St., Concord), the Concord Food Co-op (S. Main St., Concord), Books-A-Million in the Fort Eddy Plaza in Concord) and at the Cracker Barrel Store in Hopkinton. Subscriptions are available at 603/369-3212.

NH Fish and Game Dept. wants to hold onto Wild Goose site on Lake Sunapee

By Ray Carbone

CONCORD – At a public meeting last week, Glenn Normandeau, the executive director of the New Hampshire Fish and Game Department, said that his office is looking at ways to leverage the state-owned Wild Goose property in Newbury in order to develop a public boat launch site on Lake Sunapee – even if Wild Goose is not where the facility is located.

Fish and game still prefers building its required launch on the Wild Goose land. However the agency is considering alternatives, including selling the land and purchasing another waterfront lot, or entering into an agreement with one or more local towns that would allow the pubic to use their municipally-owned launch sites.

Normandeau made his remarks to other members of the state’s 12-member Council on Resources and Development (CORD), which is part of the state’s office of strategic initiatives, at a meeting in the state’s department of education building on Thursday, Nov. 8. CORD is charged with facilitating interagency communications and cooperation relating to environmental, natural resources and growth management issues.

‘We cannot commit to any specific use or investments at this time, especially considering that we have tens of millions of deferred maintenance across the (state’s) parks system.’

– Sarah L. Stewart, commissioner of NH dept. of natural & cultural resources

At the meeting, Normandeau outlined the 20-years-plus history of his department’s efforts to provide a required public access facility for Lake Sunapee boaters, including two cases decided by the NH Supreme Court and numerous hearings before boards associated with the state’s department of environmental services.

“This (Wild Goose) project has been to CORD twice in the past, and twice CORD voted to support putting our boat ramp sites there,” the director said. “The property was purchased for this purpose, given to this agency for this purpose. And I have directions from both our commission, in a 11-0 vote, and the public water access advisory board, in a 9-1 vote, to try to retain control of the property.”

Fish and game’s management of the Wild Goose site is in now question after the Lake Sunapee Boat Access Development Commission, appointed by Gov. Chris Sununu, issued a report recommending that the Newbury land be abandoned as a possible launch site and alternative uses for the land be considered. (One suggestion is that it be made into a state park controlled by the state’s department of natural and cultural resources.)

“We wish to retain the property, at the very least, pending an alternative site being found,” Normandeau told his fellow CORE members. “It would be unprecedented to removed a property from one agency that wants to retain it and give it to another. And, I would not consider that a great precedent… We have a strong feeling that it should not be transferred to another agency.”

Instead, the director said that the land could provide needed financial resources.

“We might consider going to the legislature to see if we can sell the property at fair market value and use the money as a start to getting the money we’d need,” to purchase an alternative piece of waterfront land and/or to cover cost related to developing a new launch facility, Normandeau explained.

(Typically, state-owned land deemed surplus by one department is transferred to another. The director said the state officially estimates that the 3.1-acre Wild Goose property would be worth $1.2-million on the open market.)

Normandeau also noted that because Wild Goose is known to be in the state’s public access land inventory, it serves to encourage local towns to consider allowing the public to use their town-operated launch sites. “It would behoove us to keep that property in the access program,” he said.

Earlier in the meeting, Sarah L. Stewart, the commissioner of the department of natural and cultural resources, said that while her agency had never requested management of the Wild Goose land, it would be obligated by statute to accept it if it were to be offered.

“It is important for me to include in our comments that developing, maintaining, managing and staffing property takes resources,” Stewart added. “We cannot commit to any specific use or investments at this time, especially considering that we have tens of millions of deferred maintenance across the parks system.”

CORD’s next meeting is tentatively scheduled for January 10. At that time, the committee is expected to review what could be next step regarding the Wild Goose land.

This story originally appeared  in the InterTown Record weekly newspaper, published in Sutton, New Hampshire, on Tuesday, November 13, 2018.

 

Public trust is central to new Sunapee access legal appeal

By Ray Carbone

NEWBURY – A group of sports enthusiasts’ organizations and interested private citizens have filed a new appeal to the state’s decision to deny a wetlands building permit that would have allowed the construction of a public boat access facility on Lake Sunapee.

In papers submitted to the Sullivan County Superior Court in Newport on Oct. 10, William Howard Dunn, the attorney representing the groups, reaches back to the English common law that is the basis for the American judicial system and even ancient Roman law.

Those systems support the idea that some properties – like New Hampshire’s lakes – are held in a “pubic trust” by the state government. “(As) stewards of public waters, the state safeguards the right to use and enjoy public waters,” he quotes from a previous case; Dunn also notes state statues that direct the state to “control the use of public waters and the adjacent shoreline for the greatest public benefit.”

The attorney quotes from a 60-year-old Gilmanton lawsuit… and from  a California case that found that members of the public ‘have standing to sue to protect the public trust.’

The issue of public access to Sunapee has been debated for more than 20 years. For some time, the state ‘s department of environmental services (DES) and its fish and game departments sought to build a facility to comply with the legal mandate that reasonable access be available to everyone. In 1990 the state purchased the former Wild Goose campground in Newbury and developed plans to construct a facility there.

But legal challenges from both the town and the Lake Sunapee Protective Association delayed the project for years. The opponents say there is sufficient public access to the lake (although not a state-owned/operated facility), and that dangerous traffic problems on Rte. 103 would result from using the Wild Goose land.

After years of administrative, legislative and court-related wrangling, it looked like the Wild Goose site would be developed. Then Gov. Chris Sununu announced last year that he was pulling the plug on the project because it had lingered unfinished for so long, causing widespread discord in the community. The move was opposed by the NH fish and game department but, not long afterwards, the NH Department of Environmental Services (DES) denied a request from fish and game official to extend it wetlands building permit for the site; for years, the five-year building allowance had been approved several times previously.

The local sport organizations (including the Sullivan County Sportsmen, the NH Bass Federation and the Mountain View Gun Club) joined with Gary Clark, author of The New Hampshire Fishing Guide, and others asking the DES to reconsider its ruling. But an officer with the DES’s wetlands board dismissed their appeal, stating that the groups lacked legal standing to question the decision.

Last August, Dunn filed the sports groups’ initial request, asking the court to overturn the state’s actions and force it to move ahead with building a public access facility on the Wild Goose land. At that time, he argued principally that the state had acted incorrectly and in opposition to its own legal responsibilities, bowing to political pressure.

In his latest filing, Dunn focuses more on the state’s actions based on long-standing legal precedents, as well as its own laws and regulations.

“By law, the nature of these things (that) are common to mankind – the air, running water, the sea and consequently the shores of the sea” are part of the public trust, he writes, quoting from a lawsuit filed by the National Audubon Society in California in 1983.

“This rule, that such land are held by the state in trust for the public at large applies to all states, as it was upheld by the U.S. Supreme Court,” Dunn adds. “New Hampshire came to hold the public trust in its waters and shoreline when it joined the union” (in 1776).

The attorney also quotes from a 60-year-old lawsuit filed in Gilmanton to illustrate that New Hampshire courts have recognized that common law rights are applicable to “private individuals.” The California case also found that members of the public “have standing to sue to protect the public trust.”

“The denial of the (wetlands building) extension is a breach of trust by the public trust,” Dunn concludes. “By refusing to grant the wetlands permit, the (state) has violated its own duty under, not just under (state) law but also under common law under the public trust doctrine.”

The legal filing asks the court to order the DES to grant the fish and game’s wetlands building permit extension to August 28, 2022, and to allow the sportsmen organizations to continue to be considered in future actions under the “public trust” doctrine.

In response, DES’s legal team did not object to the new filing, but it argued that the case had already been decided. In addition, the group said that it would appeal the court’s decision if the ruling goes against the agency.

At this time, there’s no indication when the court will issue its final ruling.

This story originally ran in the InterTown Record weekly newspaper, published in Sutton, New Hampshire, on Tuesday, October 23, 2018.

 

 

Nothing new on this New Hampshire lake – every 5 years

By Ray Carbone

SUTTON – Sometime next month, Bruce Ellsworth will head out to the ancient dam at the southern end of Blaisdell Lake and remove a few boards to allow the water to rush through a little more rapidly. Then in early December, he’ll go back and reinstall the boards, significantly dropping the flow of water.

It’s a task that Ellsworth has been doing for about 40 years now. Every five years, the dam is opened up to allow the 153-acre lake level to drop about 4½-feet. That allows the 80-plus property owners on the lake the opportunity to do any deck or other lakefront work they need.

But before that happens, state regulations require a public hearing before the board of selectmen. That hearing was held last month, and no one who was not required to be there attended, Ellsworth reported.

He wasn’t surprised.

“I’ve been doing this for more than 40 years and never had anyone shown up,” he said.

Blaisdell Lake in South Sutton is what Ellsworth calls a “family lake.”

‘My great, great-grandfather had a place here in 1900. Before that, I don’t know.’

Bruce Ellswoth, Sutton resident

“It’s a very quiet lake,” he explained. “There are family activities but we’re not a society-driven (community)… There are many, many families that have been here for generations. It’s not unusual for one generations of families to return here and take over (the property) for the previous one.”

Ellsworth has never had to do that because his family has been on Blaisdell for more than 100 years, he said. “My folks built a camp here in 1936 but I was born here in 1938,” he said. “And my great, great-grandfather had a place here in 1900. Before that, I don’t know.”

The 80-year-old resident also doesn’t know when the dam was built. “It’s a stone dam with a concrete face,” he explained. “I know it goes back to the 1800s. Its purpose at one time was to maintain a good level, just like now.

“But Blaisdell Lake was only about half the size it is today. The southern part was called Great Pond, and it was a naturally formed lake, he added. “Than, probably, with the dam it grew to its current size. But, I don’t know for sure.”

Back in 1950, the Blaisdell Lake Property Owners Association, now called the Blaisdell Lake Protective Association, was formed. “And that was the result of the fact that the dam was in disrepair and it was causing some pretty significant changes in the elevation of the lake, depending on the weather,” Ellsworth said. “So, one of our bylaws was to maintain the dam because it was a concern of all the residents to maintain a stable level.”

The drawdown also allows the association to do needed maintenance on the dam, he noted. “We’ve found that pressure washing every five years and adding a protective coating is a good preventative maintenance,” he said. “It costs about $7,000. And it’s the most expensive item we have in our budget.”

Today, state laws require that the association work with the NH Department of Environmental Services to insure that the dam’s maintenance and lake operating plans are suitable to maintain Blaisdell’s ecological health. And as part of that responsibility, there is a public hearing before the drawdown every five years.

So, it’s held, even if no one shows up.

This story first appeared in the InterTown Record weekly newspaper, published in Sutton, New Hampshire, on Tuesday, August 7, 2018.

 

 

Vail to take over New Hampshire resort

By Ray Carbone

NEWBURY, N.H. – The public meeting held at the Sunapee Lodge on the Mount Sunapee Resort property last week was much less contentious than a similar one held in the same building last year.

At the earlier gathering, more than 100 people came to the state’s Department of National and Cultural Resources (DNCR) meeting to voice their opposition to the transfer of the resort’s recreational lease to Och-Ziff Real Estate. The multi-national alternative asset management firm had recently paid the federal government $413 million in fines, and supporters of the local resort were concerned that the organization would not manage the local property appropriately.

Things were much different last Wednesday, July 25, when an even larger crowd came together to voice their support to Sarah Stuart, the DNCR’s commissioner, for a proposal to turn Mount Sunapee’s lease and operating agreements over to Vail Resorts, operators of the famous Vail Mountain Resort in Colorado.

‘Candidly, Vail is a dream partner.’

Hessler Gates, Sunapee resident

The deal is part of an $82 million sales agreement that will also add Vermont’s Okemo Mountain resort and the Crested Butte Mountain Resort in Colorado to the Vail, Colorado company. (Vail Resorts also owns/manages Stowe in Vermont; Beaver Creek, Breckenridge and Keystone in Colorado; Park City in Utah; Heavenly, Northstar and Kirkwood in the Lake Tahoe area; Wilmot in Wisconsin; After Alps in Minnesota; Mt. Brighton in Michigan; Whistler Blackcomb in British Columbia; and Perisher in Australia.)

Tim and Diane Mueller, owners of the companies that have managed the local resort since 1998, told the crowd that if they could have chosen an organization to take over their enterprises, it would be the Vail group.

“Vail is clearly the leading ski operating company in the country, if not the world,” Tim Muerller said. “I’m glad we’re turning it over to them.”

The audience gave the Muellers an appreciative round of applause.

Speaking for the new managers, Pat Campbell, president of Vail Resorts’ mountain division, said her company is excited about its first business foray into New Hampshire and that it remains “incredibly passionate” about creating memorable resort experiences for visitors.

In addition, the company’s Epic Pass, which allows for unlimited skiing at all of its 14 resorts, will be available at Sunapee. (Vail owns and/or operates resorts throughout North America and Australia.)

Addressing concerns that Vail would push for more development at and around the Sunapee resort, Campbell said that her company has been divesting itself of properties that are primarily real estate and that it has no plans to move forward with either the West Bowl Expansion or any other development project in the area.

“Candidly, Vail is a dream partner,” Hessler Gates of Sunapee said in the public commentary portion of the meeting. “For the decision-makers, this should be an easy decision and I urge you to do it promptly.”

The majority of the speakers were in agreement with Gates, urging Commissioner Stuart and others involved in the transfer to approve it as quickly as possible.

Campbell said she’s hoping the transfer will be completed by Labor Day.

But some did express concerns.

A member of the New Hampshire Sierra Club repeated an earlier call for an independent audit of the resort’s finances, and encouraged the Vail team to maintain the four non-skiing trails on Mount Sunapee.

Another speaker asked how the Vail proposal had come forward so quickly and whether there is an appeal process if the state turns down its proposal.

Will Abbott of the Society for the Protection of New Hampshire Forests said Vail Resorts could prove its intent to stay focused on recreation, rather than development, by permanently conserving 600 acres of land located in Goshen. The idea was heartily applauded by the audience.

Holly Flanders, a two-time Olympic and three-time World Cup alpine racer who grew up skiing and racing at Sunapee, said that from her current home in Park City, Utah, she’s become familiar with how the Vail company operates.

“Vail is a great ski operator, they invest in improvements,” she told the crowd.

“I tell you want I’ve seen,” she added. “Many local businesses are making more money. Property values are going up. The ski area is more crowded, so the roads are more crowded. And everything is more expensive – the hotels and restaurants.”

 

Photo: Breath -taking view of Lake Sunapee from the Mount Sunapee Resort, by Garrett Evans. Courtesy of Vail Resorts.

This story first appeared in the InterTown Record, a weekly newspaper published in Sutton, New Hampshire, on Tuesday, July 31, 2018.

Plans to abandon Wild Goose move ahead

By Ray Carbone

CONCORD – State officials met with members of the public last week to hear their concerns about the recommendations of the Lake Sunapee Boat Access Development Commission announced earlier this year.

The commission’s final report suggests that the state abandon its long-delayed plan to create a state-owned and operated deep-water lake access facility at the former Wild Goose campground in Newbury, and look for alternative sites. It also recommends that parking at the Lake Sunapee State Beach be increased to allow for more use of the smaller, shallower launch there.

‘The issue is not public access. The issue is (the need for) increased parking.’

– June Fichter of the Lake Sunapee Protective Association

Last week’s hearing, held in Department of Revenue Administration building on Pleasant Street, was held before the Council on Resources and Development (CORD, part of the planning division of the state’s Office of Strategic Initiatives). CORD consists of 12 department heads who are charged with facilitating interagency communications and cooperation relating to environmental, natural resources and growth management issues. The commission’s report involves the fish and game department, which currently has jurisdiction over Wild Goose land, as well as the state’s division of parks that would take over the property and develop it for other recreational purposes.

About 20 people spoke to the council, and the arguments were familiar.

Opponents of the commission’s recommendations said that Wild Goose is the only viable site for a deep-water boat launch on the lake. Supporters point to serious traffic problems that would develop in Newbury.

June Fichter, the executive director of the Lake Sunapee Protective Association, said her organization supports the commission’s recommendations because it puts the focus in the right place. “The issue is not public access,” she said, adding that boat traffic on Sunapee has increased about 270-percent over the last 16 years. “The issue is (the need for) increased parking.”

Gene Porter, a member of the state’s public water access advisory board and a representative of the state motorized boating population, said the commission’s report was “weakly reasoned.”

“These boaters, fishermen and water skiers want first-class access to Sunapee just as they have on Winnipesaukee and Squam,” he said.

CORD will hold its next meeting on September 13 when it will begins considering whether or not to accept the access commission’s recommendations.

This story first appeared in the InterTown Record weekly newspaper, published in North Sutton, New Hampshire, on Tuesday, July 17, 2018.

 

 

 

Water use limited in Warner village area

By Ray Carbone

WARNER – The state’s current drought conditions have led the Warner Village Water District to institute a temporary ban on outdoor water usage, including watering lawns and washing cars.

On June 25, the water commissioners voted to take the precautionary measure, asking customers to restrict their outdoor usage during daytime hours until further notice (likely at the end of summer).

We have to start trucking in water, it’s a really tough thing. We use an average of 60,000 to 70,000 gallons a day… A truck carries about 6,000 gallons a load so if we need to bring in 10 to 15 loads a day, that’s $800,000 or more pretty quick.’

Ray Martin, admin. asst. for WVWD

“July and August are typically our worst months,” said Ray Martin, administrative assistant for the district.

The commission imposed a $25 fine for first-time violations and $50 for each subsequent violation but, based on past occurrences, Martin doesn’t foresee any enforcement problems. “Compliance will be very high, probably 99-percent,” he predicted.

The district, which is a separate legal municipality from the town, supplies water and sewer services to approximately 185 residences and 30 commercial enterprises. Its service area covers a radius of about a one-half to one-mile from the village center. The three-person elected commission manages is the district.

The commission’s recent decision to restrict water use is based on two factors, according to the website notice.

One is the state’s prolonged drought conditions, which have impacted the productivity of the district’s two wells that draw on the Warner River aquifer. (Officially, central New Hampshire is listed as being under moderate drought conditions.)

The second is that the district’s older well is experiencing a drop in productivity, Martin explained.

The commissioners’ statement says the board is looking at long-term solutions to the problems, including siting a new back-up well and installing more sophisticated well management controls, but the current budget can’t fund such improvements.

Martin said the new restrictions should allow the district to manage this summer, but the commission is prepared if the drought worsens. “Right now, if we have to start trucking in water, it’s a really tough thing,” he explained. “We use an average of 60,000 to 70,000 gallons a day so just add that up. A truck carries about 6,000 gallons a load so if we need to bring in 10 to 15 loads a day, that’s $800,00 or more pretty quick… Years ago, we had to truck in water.”

At around the same time that the Warner commissioners announced their decision, the Portsmouth Water Division asked its city’s residents to voluntarily cut back on their outdoor water use.

Martin said he’s aware of at least one other community that has already or is considering similar measures.

This story first appeared in the InterTown Record weekly newspaper, published in North Sutton, New Hampshire, on Tuesday, July 10.

NOTE: Shortly after this story was published, the New London-Springfield Water System Precinct announced that, effective immediately, there is a mandatory water ban on all residential outside irrigation between the hours of 7 a.m. to 7 p.m.

 

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