Tell Officials How You Fell

By Tanya McIntire
‘It’s not FAIR!” This cry came from the Newbury Zoning Board. The statement came in response to a request that an applicant adhere to the standards and intent of the Shoreland Water Quality Protection Act. “How could the board tell this applicant ‘no’ when they had granted variances to so many others?” Requiring this applicant to adhere to the standards for impervious surface and other specifics would be inconsistent with the town’s practice of granting variances for shoreland development, according to the board.

Why should people who don’t live on the lake care about this?

Early in the 1900’s, several families who lived and worked in Claremont purchased small lots on Lake Sunapee. They built cottages. The love affair continued as the cottages were passed from generation to generation. Some descendants from the Claremont families still own their original cottages. These families understood the value and function of the shoreland and the influence it had on the lake and the Sugar River.

As populations around our state’s lakes grew, the negative effects of development became so apparent that, in 1993, the Comprehensive Shoreland Protection Act was signed into law. Scientific evidence confirmed that even small amounts of impervious surface area could have deleterious impacts on water quality and negatively impact the beauty of our lakes and rivers. With this in mind, the Act was written. It included specifics because, under the laws at that time, there was potential for uncoordinated, unplanned and piecemeal development of shorelands, which could result in significant deleterious impacts on NH’s public waters.

The Act acknowledges: “The shorelands of NH are among its most valuable and fragile resource and their protection is essential to maintain the integrity of the public waters.” It goes on, announcing: “All State Agencies shall perform their responsibilities in a manner consistent with the intent of this Act. State and Local permits for work in the shorelands shall be issued only when consistent with the policies of the Act.” (All emphasis added.)

Amazing! All state agencies including code enforcement, zoning boards, DES, DOE, etc. When activity relates to shoreland development, all are subject to the Shoreland Water Quality Protection Act (as it is now known).

The Newbury Zoning Board’s response “YOU CAN’T BUILD ON POSTS!” is inconsistent with the Act. Obviously, cottages were built on posts for years, so the variance should be to the building code, not the Act. If communities along the Sugar River want to protect it as a public waterway, they will need to insist that the towns on Lake Sunapee, contractors and DES maintain the integrity of the remaining natural shoreland on Lake Sunapee.

Conscientious Claremont families built cottages on posts. They preserved and protected Lake Sunapee’s shorelands for years. However, new buyers hardly know Claremont exists or where the Sugar River flows. It is the integrity of the public’s water, your water, that is being compromised by these variances. Zoning Boards are not bound by mistakes. Let officials know how you feel.

Tanya McIntire lives in Grantham. She owns property on Lake Sunapee.