The following article is from the Conway Daily Sun.

Ossipee—October 30, 2025—The newly restored Deer Run boardwalk and viewing platform overlooking Ossipee Lake remain open but building inspector/selectmen’s chair Jonathan Smith says both have minor building code and Americans with Disabilities Act violations that need to be addressed.

The issue was discussed at a site meeting between Ossipee Selectmen and representatives of the Friends of Constitution Park on Tuesday.

“We have a few minor violations here that just have to get it up to compliance,” said Smith at Tuesday’s meeting. “Nothing’s earth shattering.”

The trail and boardwalk were opened Oct. 18 with a ceremonial ribbon cutting, and a dedication of the viewing area to the late Jacob McConkey before a large crowd that included the selectmen as well as Jacob’s parents, state Sen. Mark McConkey (R-Freedom) and Carol McConkey.

The deck requires a 42-inch guardrail to be installed, or fill could be added to raise the ground level, if wetland permits allow, Smith said Tuesday. A handrail and guardrail built to code also are needed on both sides of the ADA ramp to the deck, he said. Right now, there’s just a guardrail on one side of the ramp. Adding fill under the ramp would eliminate the need for a guardrail but not a hand rail.

Hermit Woods Trail Design owner Sam Brakeley build the boardwalk and observation deck to U.S. Forest Service Accessibility Standards.

“We operated from what we thought was the proper code, and we have no reason to believe we were in violation,” said Friends Vice Chair Chris Elliot. “We thought we were doing the right thing.”

But Smith said U.S. Forest Service standards are for federal lands, not town-owned land as in Constitution Park, where the trail is situated. He said the violations cause liability problems for the town.

Smith said if the Friends can get it OK’d, the town public works department could add the fill under the deck.

Elliot asked him who would who pays for these improvements and whether the town would help. Smith said he would have to have the selectmen but that he would oppose that because taxpayers have already contributed $75,000 toward the renovations. He said the onus is on Brakeley to follow building codes.

Brakeley, who listened to the meeting over a cellphone, objected. He said he built the boardwalk and deck to the specifications he was given.

“I was asked to replace the boardwalk as is, and that’s what we did, from my perspective,” said Brakeley. “If you want a railing, then ask me to put in a railing. I’m happy to do that.”

The Friends asked Brakeley to give them a quote for the additional work, but they seemed taken aback by the news of the code violations. Robert Boose wanted to know why there was a “lag” from the time the project was completed to when Smith announced his findings.

“I felt like the football coach that has a team on the bus and the referee comes up with, ‘Hey, I threw a flag in the last minute. You got to come back and play the game over,'” said Boose. “If Sam would have known that, if we would have known that towards the end of the project, we could have corrected this.”

Smith said he was never asked to inspect the project. After he heard it was complete, he went to look at it the following week. Then Smith said he did some “digging” into the codes and brought his findings back to the board.

“From the selectmen’s perspective, liability to the town for someone getting hurt, potentially, is the is what we have to go by to protect the town’s Interests, to protect the residents of the town,” said Selectman Kyle Copeland.

“We’ve been told by the attorney that we would have liability here if we did not do this.”

Prior to Tuesday’s meeting, selectmen voted to withhold a final payment of $14,000 to Hermit Woods until the violations were fixed. Selectmen Brian Keyes and Copeland decided to reverse that decision on Tuesday.

“I feel like it’s a show of good faith in our part, where Sam is already going to be working up a new quote to get this done,” said Copeland.

“Hopefully he’s kind to us with the cost on said quote, but I think Brian is right that he did build it according to what he was asked to do.”

Governmentovesite.com contributed to this story.