Flood victims decline FEMA money, get screwed by DES

[Dave Ridley]

gardner goldsmith had bill as a guest when he substituted at a radio show last week.  i called in and informed listeners of the protest against DES.

[KBCraig]

Sheesh... DES is upset because they made their house taller? How does that affect the shoreline? And how does cantilevering the upper stories out by 18 inches change the house footprint?

Bastards. 

http://www.unionleader.com/article.aspx?headline=Kingston+family%2c+DES+settle+dispute+over+house+rebuilding&articleId=e5e8342d-8539-4128-be30-029ebf9574a8

Family, DES settle dispute over house rebuilding

By JENNIFER DEPAUL
Union Leader Correspondent

KINGSTON – The state Department of Environmental Services and the Attorney General's Office yesterday announced the resolution of a dispute over violations of shoreland protection laws involving the property of Bill and Melissa Brouck of Kingston.

The announcement came after an appeal hearing of an August cease-and-desist order against the Broucks.

According to the settlement, part of the second and third floors of the Brouck house, located at 82C Main St., alongside Great Pond, must be removed, as well as an unauthorized outside porch and hallway. Also, concrete and other structures between the home and the waterline must be removed and replaced with vegetation between the house and the waterline in order to help treat stormwater runoff.

DES had issued an administrative order against the Broucks on March 28, requiring them to stop construction for remodeling their home until they had submitted approvable plans. The administrative order outlined several violations, including an allegation that the Broucks had added on portions of the building closer to the waterline than the original structure.

"Homeowners should make sure they understand the laws and rules before making significant alterations to their homes, especially when their land abuts public waters," said Attorney General Kelly Ayotte.

The family of seven, victims of the Mother's Day flood of 2006, have been living out of an apartment since August of last year in nearby Hampton.

The Broucks' previous unfinished house was located on waterfront property alongside Great Pond. During the flood, Great Pond rose 3 feet over the basement wall and flooded the dirt basement. When the foundation caved in, serious repairs to the house were necessary.

In September 2006, the Broucks began remodeling. In February 2007, DES showed up for an inspection. A cease-and-desist order was issued against the Broucks for violating the 1992 Shoreline Protection Act, primarily for changing the house dimensions.

DES concluded from photographs and other evidence that the Broucks had changed their home from a one-and-a-half-story building to a three-story building, including several changes not by the state.

"We strongly encourage all property owners to contact DES and review information on our Web site before undertaking any modifications to structures or new construction within 250 feet of the shoreline," said DES Commissioner Thomas Burack.

"We want to prevent violations of our Comprehensive Shoreland Protection Act from occurring. But when violations occur, we will, at a minimum, require that the violations be corrected, even if that means removing all or part of a building. We are pleased that the Brouck matter was able to be settled promptly."

After meeting with DES and attorney general's representatives, the Broucks admitted they had violated some provisions of the Shoreland Act, but stated that they never intended to break the law.

In order to fix these problems, the Broucks agreed to pull back the second and third stories of their home 18 inches to match the farthest extent of the original home.

The settlement resolves problems with the Shoreland Act only. The settlement specifically states that the Broucks must still obtain all necessary local approvals.

The Broucks could not be reached for comment last night.