State law has prohibited the construction of primary residential structures within 50 feet of the average high water line of New Hampshire’s lakes and rivers since 1994. The New Hampshire Comprehensive Shoreland Protection Act (CSPA) allows "grandfathered" structures (built within the fifty-foot setback prior to July 1, 1994) to be repaired, renovated or replaced "in kind", following flood or other damage, as long as the existing footprint of the foundation and the outside dimensions are not expanded. Except for decks and open porches, no change to a grandfathered older structure within the fifty-foot setback can move closer to the water.
The reconstruction of William Brouck’s residence on Great Pond in Kingston, New Hampshire violates the CSPA because it greatly expands the outside dimensions and interior square footage of the original house and has made the structure closer to the water.
Statements from Mr. And Mrs. Brouck that they merely repaired a flood-damaged building stand in stark contrast to DES records, including photographs that show that Mr. Brouck significantly expanded the home in every direction. These photographs, along with other DES records show that prior to April 1996, the primary structure on the Brouck property was a 1.5 story structure approximately 24 feet wide and approximately 43 feet deep, of which 12 feet was an enclosed first-floor porch on the lake side. The structure had no second floor over the enclosed porch and had only partial dormers on the second floor over the middle portion of the structure; the effective living space of the primary structure was approximately 932 square feet. The foundation was irregular in shape, having a 4-foot by 19-foot notch in the southerly wall under the main (non-porch) portion of the structure.
The structure that now exists on the property is a three-story building that does not have a notch in the foundation, and that has three floors of living space where the enclosed porch used to be. The top two floors of the building overhang the bottom floor, extending an additional two feet towards the water. Based on the outside dimensions recorded by DES personnel on February 27, 2007, the potential living space of Mr. Brouck’s nonconforming primary structure is estimated to have increased to 3,096 square feet.
Mr. Brouck made unauthorized alterations to the house in violation of the CSPA even though he was provided information about the CSPA and related rules in 2006.
Contrary to recent reports, DES has never refused to meet with Mr. Brouck. DES also sent a letter to Mr. Brouck on June 5, 2007, describing in detail the steps he needs to take to bring the project into compliance. To date, DES has received no response to this request
It is DES’s responsibility to enforce the State’s environmental laws. Mr. Brouck violated the Shoreland Protection Act by illegally expanding the size of their house. DES issued an administrative order directing that the violations be corrected. New Hampshire’s environment can only be protected if all citizens are treated equally under the law. Allowing Mr. Brouck to continue to violate the law would be unfair to the majority of New Hampshire citizens who willingly comply with our environmental laws.
The Administrative Order issued against Mr. Brouck can be obtained at http://www4.egov.nh.gov/DES/Legal/.
Copies of before and after photos of the Brouck property will be attached to this statement on the DES Press Room at www.des.nh.gov.
Questions regarding this case may be directed to Jim Martin, DES Public Information Officer, at 271-3710.