Lakefront Landing Marina in Choppy Water Over Permits

Ossipee — September 2, 2012 — State environmental officials will meet this week to decide whether an Ossipee Lake marina owner will be allowed to keep his 44 docks, for which there are no records of permits.

Complaints last summer that Lakefront Landing Marina owner Wayne Killman had expanded his dock structures and constructed a new water wall without state permission prompted an investigation by the Department of Environmental Services, beginning in January.

On May 11, the DES issued to Killman a Notice of Findings from the probe, informing him that the DES had no record of permits issued for the 44 docks that he is selling. The DES also found town tax records that show all 44 docks existed at the site in 2002, when the marina was owned by Wesley and Eleanor Lords and was known as Lords Landing Marina. Killman bought it from the Lords in 2004 and renamed it.

Killman was instructed by DES officials to provide plans and/or photographs showing that all the docks existed in their present location before 1980, which would allow the docks to remain without permits because state laws requiring permits were not in place before then.

The DES also requested more information from Killman regarding a fuel dispenser on the property, documentation for a structure’s setback from the shoreline and a formal permit application for 70 linear feet of rip-rap (rock or other material used to prevent erosion) that has been installed on site. At the same time, state officials issued a separate letter rejecting other alleged claims of violations of state laws, including a charge that the marina had an illegal septic system.

The state has received materials from Killman and will likely decide the fate of the marina’s docks this week, said DES Water Division Assistant Director Rene Pelletier.

Killman says the 44 boat slips and 12 campsites at 85 Pequaket Trail were there when he bought the property eight years ago. Since then, he said, he has rebuilt the docks with better materials, but their placement and size haven’t changed.

“Everything was done within the same footprint,” he said.

Killman said he has provided photos and documentation as the state requested.

He said it was “an angry competitor” who complained to the DES.

He is mad at DES officials for coming at him with permit demands almost a decade after he took over the marina.

“When I bought the property, the docks were there and I didn’t know that there were no permits,” he said. “Nobody told me I needed anything more until last year and the complaints came from my competition.”

He’s hoping the state will rule in his favor.

“I’m being made to look like the bad guy in this, but I’ve sold a number of docks and I didn’t do anything wrong.”

Kevin Price, who owns Ossipee Lake Marina in Freedom, was the original complainant. His cause is shared by Ossipee resident Rick St. Jean, who is a septic system installer.

Both say Killman illegally expanded his already unpermitted docks, widening them and extending them deeper into the small channel on which Lakefront Landing sits. Besides being unpermitted, they allege, the lengthened docks now pose a hazard to channel-goers.

Price said he recently sent a package to the DES with photos and maps showing that only a handful of docks existed at the marina in the 1990s and that as few as one dock existed on the property prior to that, when the property was primarily a campground.

Killman said Price’s photos must have been taken in the spring or fall, before docks are put out. He said Price, the “angry competitor,” has been out to ruin his business for several years.

Price is also angry, he said, because he and others on the lake have had to comply with state laws and quick enforcement actions on violations in the past few years.

“All we want is for all the rules to apply to everyone. That doesn’t seem to be the case here,” Price said.

Lakefront Landing Marina in Choppy Water Over Permits

10 thoughts on “Lakefront Landing Marina in Choppy Water Over Permits

  • September 4, 2012 at 6:36 pm

    If the docks are in legal doubt now how is it that they got sold to Lakefront Landing? Why aren’t the amenities of a business scrutinized before a sale? Wouldn’t your attorney want to make sure important assets were properly documented? I can understand that things aren’t always straight forward but why does it so often seem like part of the problem is that DES just isn’t on top of things?

  • September 4, 2012 at 7:17 pm

    Those docks may have been there in 2002…but they weren’t there in the 80’s….How does he get insurance on those docks,without a permit? Besides they are a hazard… I saw someone almost hit one on Sat… try to get two pontoon boats thru there side by side.. its a nut show…I think DES does a nice job with what they have to work with…
    Why would those docks be on the town tax records? Mine isn’t….At least I don’t think so…If so I would probably be taxed on it…

  • September 4, 2012 at 8:56 pm

    There have been several docks there since I have been here in 1988. As far as people navigating the channel there isn’t a problem. There is undoubtly a problem for some people as some of the boaters out there shouldn’t even be driving. The boating license doesn’t mean you can drive a boat, as evidenced by some boaters out there. It only means you were able to pass the test! That is an easy test to get by some stationary docks and a passing boat. Maybe if you have a problem with the docks you shouldn’t be boating or need to take some boating instruction. Sometimes the truth is obvious

  • September 5, 2012 at 12:11 pm

    Mr. McLeod is on the mark regarding having attorneys to check for such delemas. Too often with DES we see what appears to be arbitrary enforcement. It’s no excuse these docks are alleged to be illegal, now that DES now acknowledges their existence, but the real question is where has DES been from the beginning? Docks and riprap are not invisible enough not to cast a shadow of doubt over DES enforcement. Is it the direction of the winds or the connections at State level which would allow such structures to exist from day one?
    Ossipee Bluffs Association members have been fighting a DES debacle since 1989. And with over $300,000 spent, they have only a $1.3 million dollar cleanup. A fix, not yet seen by the public which will be challenged by abutters. All this because of DES’s arbitrary decisions.

  • September 5, 2012 at 10:26 pm

    Killiam knows the truth about the floats because they were not there as they are now since he purchased them. We have been on the lake since 1982 boating through the channel into the main lake most weekends. The docks in channel were never there! The basin had a few boats, a couple tied to small fingers tied to the land. Usually boats were tied to trees or something into the ground. Mr Lord did not add the floats, push them out into the channel endangering boaters safety. He sold the property to Killiam who with no regard for permits added and changed dock configeration and size. He added a rip rap wall after being denied permits from the DES. The other multiple violations that have been talked about would be major fines for most {septic issues, tree cutting,wetland filling] but minor issues here. The DES has no permits on record for the floats. A denial permit on record for a wall. This is not a decision about an angry competitor but a decision about what is right and wrong. The DES has the ability to make the right decision and put a stop to this before more people are hurt by another wrong decision.

  • September 6, 2012 at 8:02 pm

    AMEN Gerry, It’s nice to know there are still some people with common sense. I have been on tbe lake for almost twenty years, and those docks have most certainly been there that long during summer months. There is also no doubt that the channel is very easy to navigate, even by two passing large boats, if the operators have half a clue. It’s painfully obvious that there are lots of operators who are clueless.
    Lastly, does anyone seriously believe that Mr. Price is concerned with the lake, environmentalists or following proper building and zoning laws???????? PLEASE
    I used to frequent the Marina from time to time, even though I wasn’t thrilled with it’s history, but after this stunt by Mr. Price, I will never spend a cent there again, no matter how much I might inconvenience myself! I’ll be encouraging friends and neighbors to do the same.
    PS- Feel free to Google “Ossipee Lake Marina” and enjoy the reading


  • September 6, 2012 at 9:21 pm

    You hit the nail right on the head Masselectrician. I have stopped going to Ossipee Lake Marina since mid summer and will never go there again. He has lost more business than he will ever admit to, as I know many people who would not ever use him again. A few told me they would rather lug 5 gallon jugs of gas before ever going to Ossipee Lake Marina. Kevin Price is totally unethical, and fortunately most people on the lake know it, as we have watched him in action for many years between the neighbors, the town, and the state.

  • September 6, 2012 at 10:11 pm

    Can I have another AMEN!!!!!!!!!!!!

  • September 9, 2012 at 10:02 am

    I’ve been on the lake since 1964. Lord’s landing has never been, nor is it now, an issue or an
    obstacle. People who are challenged usually try to utilize the courts to help them beat the other guy down. Where were the courts in ’66 when half of Leavitt Bay was dredged into the natural cranberry bogs at the south end so that land could be created for sale???? Loaded with cottages which have been flooded out 3 or 4 times.
    Nothing but sour grapes here.

  • September 13, 2012 at 1:21 pm

    If the docks were always there why aren’t there any pictures??????????????????????

Comments are closed.