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.

 

Advertisements

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.

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.

 

Lake Sunapee access will be focus of hearing in Concord this week

By Ray Carbone

CONCORD – The NH Office of Strategic Initiatives’ (OSI) Council on Resources and Development (CORD; part of OSI’s energy planning division) is scheduled to hold a public hearing this Thursday addressing the long-debated issue of public access to Lake Sunapee.

The CORD agenda lists “public comment” as its first item.

The council will be discussing the recent report of the Lake Sunapee Public Boat Access Development Commission issued in the spring. The 15-member commission, which was appointed by Gov. Chris Sununu, recommended that the state abandon its original plans to build a mandated deep-water state-owned and managed public boat launch at the former Wild Goose campground area in Newbury. The report suggests that the 3-acre property be considered for other recreational uses, but made no specific recommendation about an alternative site for the boat launch.

CORD, which consists of representatives from 12 state agencies, was formed to provide a forum for interagency cooperation regarding environmental, natural resources and growth management issues and policies. The group is required to adhere to the state’s Smart Growth Policy, outlined in the 2016 Smart Growth Report.

Thursday’s hearing will be the first since the commission wrapped up its work several months ago. The CORD agenda lists “public comment” as its first item; anyone wishing to present written comment must notify the OSI by emailing Michael A. Klass (michael.klass@osi.nh.gov) OSI’s principal planner, on or before Wednesday, July 11, at 4:30 p.m.

Klass, who joined the state agency in November, has worked as an private attorney dealing with land use, real estate development, property disputes and related litigation.

The meeting will take place in the NH Department of Revenue Administration’s training room at 109 Pleasant Street (Medical & Surgical Building) in Concord, Thursday at 1 p.m. The building is handicap accessible and, for security reasons, everyone attending must sign in and show a valid photo I.D. Driving directions are available at https://www.revenue.nh.gov/contact-us/documents/campus-map.pdf

More information about the hearing is available at https://www.nh.gov/osi/planning/programs/cord/index.htm, and questions can be addressed to Klass at 271-6651 or Micheel.klass@ois.nh.gov

This story first appeared in the InterTown Record weekly newspaper, published in Sutton, New Hampshire on Tuesday, July 10, 2018.

 

Recreational rail trail could link Kearsarge-Sunapee towns to Concord

By Ray Carbone

WARNER – If Tim Blagden has his way, you may someday be able to walk or bike with your family from Concord to Newbury Harbor on a scenic trail that passes through some of the best towns in the state.

Blagden is the president of the Friends of the Concord-Lake Sunapee Rail Trail board, a nonprofit group that wants to create a 34-mile walkway/bikeway along the old Concord-Claremont Railroad line. The user-friendly facility would connect the towns of Newbury (the southern tip of Lake Sunapee), Bradford, Sutton, Warner and Hopkinton/Contoocook to the Capital City. It will be “spectacular,” Blagden says.

‘The broad idea was to see if we could stitch back together a trail that substantially follows where the old railroad ran, from the Pierce Manse in Concord to Newbury Harbor.’

Tim Blagden, Concord-Lake Sunapee Rail Trail

 

The Pumpkin Hill Road resident first got interested in public biking/walking spaces about five years ago. “Back in 2013 my kids wanted to go for a bike ride so I want looking for a rail trail online,” he recalled. “I found the Bike-Walk Alliance of New Hampshire and noticed that they were looking for an executive director. So I found a trail and ended up sending in my resume.”

Blagden had experience in sales and business development, and he ended up getting the job. Soon he was connecting with scores of outdoor enthusiasts, from ardent bicyclists and public health officials, to community planners and rail trail buffs. He was quickly convinced of both the health-related and economic benefits of providing alternatives to automobile traffic.

Then in 2014, Blagden noticed that the alliance and two rail trail groups that it supported might, in effect, end wind up competing with each other for the same grant money. So, for the sake of all of three organizations, he decided to separate the two trail programs from the alliance and take on the job of moving local project forward.

It’s a challenging endeavor, he admitted.

“The broad idea was to see if we could stitch back together a trail that substantially follows where the old railroad ran, from the Pierce Manse in Concord to Newbury Harbor,” he said.

The problem is that, unlike other rail lines in New Hampshire, the state government doesn’t own the former railroad company property. About half of the proposed 34-mile trek is already operating as trails, including the Stevens trail in Contoocook, the town-owned Tilley Wheeler Trail in Bradford, and the Warner and Newbury rail trails.

But they’re all separated from one another in “little pieces, here and there,” Blagden noted.

In addition, there are 95 private and 47 public (e.g., town governments and state agencies) landowners that control the rest of the former railroad property. That means the Friends have to get easements from each one in order to build and maintain each section of the proposed trail.

“It looks impossible,” Blagden admitted, “but if you give people the opportunity to say yes, people are taking advantage of that opportunity. You tell them, we will turn this into a beautiful rail trail. That we’ll provide the service, we’ll raise the money for maintaining the trail, we’ll take care of it and you don’t have to deal with it. And you get a beautiful trail. And people are saying, yeah, that’s cool.”

It helps that property that connects with a public trail can increase in value by as much as $9,000, the Friends president noted.

In addition, a state study estimates that while completing the entire trail would cost about $4 million, it would have a true economic impact from out of state visitors of approximately $900,000 annually.

But Bladgen’s organization is moving slowly and respectfully, simply trying to raise awareness about the trail proposal.

“We are at the tipping point,” he said. “So we want to put something down that’s visible but not too costly in as many communities as possible, and let people experience it.”

This year, the group is adding two miles of trail linking Hopkinton to the Davisville State Forest in Warner. (A shorter Warner trail between Depot St. and Joppa Rd. was completed last fall.) In addition, a recreational trail program grant has been approved to put a new three-quarters mile trail linking the famous Appleseed Restaurant to the Pizza Chef in Bradford.

For more information about the Concord-Lake Sunapee Rail Trail, see concordlakesunapeerailtrail.com

This story first appeared in the InterTown Record weekly newspaper, published in Sutton, New Hampshire on Tuesday, July 3, 2018.

Local sportsmen groups continue to fight for LakeSunapee access at Wild Goose

By Ray Carbone

NEWBURY – Despite two recent setbacks, the Sullivan County Sportsman Club, the NH Bass Federation and others are continuing their efforts to have the state move forward with its long-delayed plan to develop a public access boating facility on the Wild Goose property in town.

Attorney W. Howard Dunn of Claremont, who is representing the organizations and some individuals, has filed a Motion for Reconsideration with the NH department of environmental services’ wetland board after a hearing officer overturned the board’s original decision to allow the sportsmen groups to have a say in the state’s recent relevant actions.

‘The state has an obligation under its statutes to provide access for the public, including (the groups), to Lake Sunapee.’

W. Howard Dunn, attorney

In his legal paperwork, Dunn argues that the officer erred when he disqualified the groups because the full board had earlier decided that the sportsmen organizations are legally recognized as “aggrieved” or “directly affected” parties.

“The state has an obligation under its statutes to provide access for the public, including (the groups), to Lake Sunapee on state-owned land without barrier or impediment,” he added, noting that the board’s recent decision to not apply for an extension of the site’s wetlands permit could “cause forfeit of the state’s only option to this mandate.”

In recent weeks, the Wild Goose plan has absorbed two major blows.

First, the 15-member Lake Sunapee Public Access Development Commission appointed by Gov. Chris Sununu recommended that the NH fish and game department abandon the proposed site. Then the wetlands board decision disqualified the sportsmen groups’ interests.

Glen Normandeau, executive director of the department, said he’s ready to “move on” from the Wild Goose site project. “I’ve got too much on my plate to go walking around looking at lots along Lake Sunapee (for possible alternative launch sites) when I have no money (in the budget) to spend on it,” he said.

While Dunn’s appeal to the wetland board moves forward, the sportsmen groups still have a legal motion pending in Sullivan Superior Court that could force the state to develop Wild Goose. It claims that the state had already committed to the project and that recent actions by the governor, legislature and others do not supersede that decision.

This story first appeared in the InterTown Record weekly newspaper, published in Sutton, New Hampshire on My 8, 2018.

 

 

 

 

 

Fish and game director says Wild Goose launch unlikely

By Ray Carbone

NEWBURY – The executive director of the New Hampshire Fish & Game Department is critical of a recent report recommending that the former Wild Goose campground property on Lake Sunapee be removed from a list of possible future public boat launch sites, but says he’s ready to move on.

Last week Glen Normandeau said that the recommendation of the Lake Sunapee Public Access Development Commission issued earlier this year likely ends any prospect of the local land developing a deep-water launch facility. “I don’t think anything is going to happen,” he said. “To me, that’s the way it is. I’ve got to move on… I’m not going to refight the last 20 years over again.”

‘I’ve got too much on my plate to go walking around looking at lots along Lake Sunapee when I have no money to spend on it.’

Executive Director Glenn Normandeau

It was more than 20 years ago when the state originally purchased the 3-plus former lodging facility with the goal of providing its legally required public boat access to Sunapee there. Over the years, fish and game has worked with other state agencies to develop the plan but opposition from local officials, the Lake Sunapee Protective Association and others has been strong. Twice the project was at the center of lawsuits suits brought before the NH Supreme Court, but the state’s efforts were upheld. Concerns were still being raised during the commission’s hearing about possible road safety issues related to the site.

Last year the legislature removed funding for the $2.1-million project from its capital budget. (Three-quarters of those funds would have been reimbursed by the federal government.) Not long afterwards, Gov. Christ Sununu established the 15-member commission and charged it to come up with alternative ways of accessing the lake.

Normandeau served on the commission and signed a minority report critical of its recommendation to abandon the Wild Goose site.

“From my vantage point, none of that got the ball moving very far down the road in terms of actual sites on Sunapee that could accommodate a reasonable amount of access,” Normandeau said last week. “There isn’t any.”

The executive director also disputed a recent claim by Neil Levesque, chairman of the commission, that fish and game is unwilling to consider other lakefront properties for launches at this time.

“People seem to want to ignore the money side of this equation,” Normandeau said. “I’ve had the Wild Goose site appraised recently and it amounts to a house lot on the lake. So, it’s worth about $1.2 million. We’re looking at a couple of million dollars to build the project, and I don’t even have that, never mind the money to buy another piece of property.

Normandeau did agree with Levesque that the long-running debate has only hardened viewpoints over the years. “This thing has been a battle on one one side or the other since it began. People pick sides on this thing, and no one is changing their opinions.”

If state officials follow through on the commission’s other recommendation, to transfer Wild Goose to the state’s division of parks, the fish and game department will no longer play a role in, the executive director noted. In that case, Normandeau said he’ll turn his attention to other fish and game projects.

“I’ve got too much on my plate to go walking around looking at lots along Lake Sunapee when I have no money to spend on it,” he laughed. “It’s kind of like going car shopping with an empty wallet.”

This story first appeared in the InterTown Record weekly newspaper of Sutton, New Hampshire on April 24, 2018.

 

State board won’t stop Wild Goose termination process

By Ray Carbone

NEWBURY – The state’s wetlands council reversed an earlier decision and ruled that several sportsmen organizations that want to build a public boat launch facility on Wild Goose do not have a legal right to halt recent council actions that effectively terminate the proposed project.

At the same time, the lawyer representing the sportsmen groups says the ruling last week could provide support for a similar request the groups filed in Sullivan County Superior Court. That action, like the one made to the wetlands council, would have forced the Department of Environmental Services (DES) to move forward with its initial plans to extend a wetland permit and build the launch facility at Wild Goose.

Conley’s decision states that the sportsmen haven’t shown that they would be directly affected by the termination of the wetland permit.

 

“I just think that if my clients don’t have standing with the DES (appeal process), then their action in the superior court is not foreclosed,” and can therefore move forward, said W. Howard Dunn of Claremont. Dunn is representing the New Hampshire Bass Federation, the Sullivan County Sportsmen and the Mountain View Gun club, as well as various other individuals and organizations.

The state is required to provide public water access to Sunapee and other major waterways, and purchased the Wild Goose land more than 25 years ago with the aim of providing a deep-water launch site for Sunapee on the property. But local opposition delayed the process and last year, the state legislature removed all funding for the project. Not long afterwards, Gov. Chris Sununu announced that the state would no longer consider the local land and officials should begin looking at other access options.

The ruling handed down on Tuesday, Apr. 17 by David F. Conley, an attorney who serves as a hearing officer for the wetlands council, affirms a decision made by the group last summer. At the time the 14-member council, which advises the DES about wetlands issues, denied a request from the fish and game department for a five-year extension of the wetland permit that would have allowed the Wild Goose project to move forward.

The council had originally voted to allow the sportsmen’s organization to appeal the decision because the individual boaters and fishermen were aggrieved by the ruling.

Conley’s decision reverses that action and states that the sportsmen haven’t shown that they would be “directly affected” by the termination of the wetland permit.

“A general interest in a problem is not a basis” for a legal complaint in this case, Conley wrote.

“Allegations of adverse consequences to boating, fishing and swimming activities suffered by the members of the (sportsmen) organizations if the permit is allowed to lapse and the Wild Goose site is not constructed is the type of generalized harm to the public (that) our court has found insufficient to establish standing,” he noted.

Dunn said that his clients are considering whether to appeal the council’s ruling to the NH Supreme Court.

At the same time, they await the decision of the Sullivan Superior Court. “It involves the court making a judgment as to the authority of the DES,” Dunn noted.

This story first appeared in the InterTown Record weekly newspaper, published in Sutton, New Hampshire, on Tuesday, April 23, 2018.

 

 

 

 

Create a free website or blog at WordPress.com.

Up ↑