Freedom — May 25, 2006 — According to the Superior Court, Lot 42, the lot adjoining and owned by Ossipee Lake Marina, is a residential lot. Peter Malia, the town’s attorney, said in the letter that the lot has not become a commercial lot, even though it has been merged with the marina’s lots.
It is therefore a residential lot with two allowed commercial uses, which were granted by the zoning board after the fact. Owners of the marina put a bathroom building on that lot and built a parking lot there. No other commercial uses are allowed.
The board also read a statement given by the attorney stating, for clarification, that all residential lots in the waterfront district in Freedom can beach boats on their beaches.
In that case, because Lot 42 is residential, chairman of the board Les Babb said that as long as people are not being charged to use the boats on Lot 42, it is an allowed use.
Tim Cupka, a marina employee, said that boats are beached on Lot 42 currently. The only boats beached there are either the marina’s boats or are rental boats stored there.
No paying customer has access to those boats, he said, only the employees.
He said he was concerned that the town would say at some point that the presence of those boats on Lot 42 would be considered a commercial use and therefore not be allowed anymore.