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LKWA and Kilnwood Reach Settlement Agreement

The Lake Kanasatka Watershed Association (LKWA) and Kilnwood on Kanasatka Condominiums have reached a Settlement Agreement (the “10th Amendment to the Kilnwood Declaration of Condominium”) which resolves the litigation commenced in 2010.   Kilnwood property owners voted to approve the new Agreement at a special meeting held on November 19.  

The new document is considered a ratification and modification of the Stipulation that resulted from the 1973 court case.  It restates the restrictions placed on Kilnwood’s growth and development at that time and into the future. Furthermore, it prohibits Kilnwood Condominium Association and Kilnwood property owners from making any claims they may have had regarding the validity of the 1973 Agreement based on the lack of recording of the earlier document in the Registry of Deeds.   The new Agreement will now be properly filed with the Carroll County Superior Court and Registry of Deeds and will be incorporated into the Declaration of Condominium for Kilnwood on Kanasatka.  

Key points of interest to LKWA members and lake property owners are:


Click here to read the full agreement.

Since Kilnwod had breached the 1973 Stipulation several times, LKWA believed this legal action was necessary to reinforce and strengthen the authority of the underlying document and court orders.  The new Settlement Agreement accomplishes this.  We are relieved to put this chapter of our history behind us as we continue to enjoy the lake together as friends and neighbors.  

DES respresentative spots Cyanobacteria near the Kilnwood Beach
DES Beach Program personnel conducted a site visit on Tuesday 10/11 at Lake Kanasatka, Moultonborough @ 11:30am. Four access points along the shoreline were assessed for evidence of elevated cyanobacteria cell concentrations. At the time of the visit we unfortunately did not have your Brick Kiln address. It appears that the closest area to Brick Kiln was our Red Hill Road access point which did not exhibit bloom conditions. Although we identified cyanobacteria in the sample collected off of Sibley Rd/Deer Crossing Rd, it is difficult to say definitively that the material you saw was also cyanobacteria without a direct sample from that material. The presence of cyanobacteria in one section of the lake does not necessarily confirm the same conditions throughout. Additionally, conditions can change within a matter of hours. I would always advise you to be vigilant to the changing conditions of your individual shoreline.

Our lab does also accept samples dropped off by the public for microscopic evaluation from 8-4 Monday thru Friday. Samples for cyanobacteria may be collected in a clean, plastic or glass bottle. A small volume of the bloom/scum material is sufficient. The sample should be refrigerated if not submitted within a couple of hours for analysis.

Access point off Sibley Road (near Deer Crossing Rd) - Sample collected for microscopic analysis. Cyanobacteria identified. High decomposition of sample material, minimal area affected, very isolated. No other area of concern within cove noted at this time.

Access point off Red Hill Road - Visual assessment-no bloom material noted

Boat Launch/Dam(off Whittier Hwy) - Visual assessment- no bloom material noted

Access point off Avon Shores Road - Visual assessment- no bloom material noted

For reference, cyanobacteria (formerly called blue-green algae) are present in all lakes around the world and it is true that some species of cyanobacteria produce toxins however; it is only when a visible bloom of cyanobacteria is present that we recommend avoiding contact. The presence of a bloom in one part of the lake does not necessarily restrict use in another area. It is a site by site evaluation. Research indicates that cyanobacteria increases as nutrients to the waterbody increases. Fertilized lawns, failing septic systems, urban runoff and seasonal lake turnover may all be contributors. Cyanobacteria species may spend a portion of their life cycle on the lake bottom during the winter months. Increased water temperature and light in the spring and throughout the summer promote the upward movement of cyanobacteria through the water column toward the surface where blooms or scums are formed when all ideal conditions are met. It can be an intermittent or chronic problem for different waterbodies dependent on the site. Prevention is key.

Our assessment of cyanobacteria involves a microscopic evaluation which serves only as a precautionary measure for short term exposure to cyanobacteria and is not meant to indicate potential toxicity. Sometimes cyanobacteria can be identified by its appearance to the naked eye (color, consistency) but microscopic evaluation is necessary to confirm and ID species. Our recommendation is to avoid primary contact with any area of water experiencing a bloom. Ingestion of the bloom material is our primary concern. This is why primary contact for small children and pets should be avoided during elevated cell concentration conditions due to the increased chance of ingestion for this population. Due to the nature of cyanobacteria it can be very frustrating to track a bloom as it is visible at one time but in a few hours it appears to have dispersed dependent on wind, current and/or rain.

Despite not having an immediate toxin analysis we think it advisable to assume that they are potential toxin producers especially if considering a linear relationship between cell counts and toxin levels. But again, this risk has to do with primary recreational contact that may expose an individual or pet to ingestion of the bloom material. Not all cyanobacteria that can produce toxin do produce toxin all the time or even in the same amounts over time. The toxin, if produced, doesn’t move around the lake independent of the bloom. The assessment process for cyanobacteria risk can be a frustrating undertaking due to the nature of cyanobacteria and the many unknowns in this field of research.

Other potentially useful information resources:
http://des.nh.gov/organization/divisions/water/wmb/beaches/cyano_bacteria.htm  (recreational exposure)
http://des.nh.gov/organization/commissioner/pip/publications/wd/documents/cyano_id_flyer.pdf (how to identify, who to contact)

Current Advisories: http://www2.des.state.nh.us/Advisories/Beaches/
Beach Twitter Feed: http://twitter.com/NHDES_Beaches
DES Beach Advisories Email Newsletter: http://des.nh.gov/media/enews/index.htm

Cyanobacteria hotline: 603-419-9229

Please contact me if any of this information brings up additional questions.
________________________________________________
Teresa Ptak
Clean Vessel Act Coordinator/Beach Program Assistant
Biology-NH Department of Environmental Services
29 Hazen Drive, P.O. Box 95
Concord NH 03302-0095
Ph: (603) 271-8803
Fax: (603) 271-7894
Teresa.Ptak@des.nh.gov or cva@des.nh.gov

People in Partnership to Create a Watershed Management Plan for Lake Winnipesaukee
John and I attended the Kick Off Public Meeting on Wed August 24, 2011 where representatives from the Lake Winnepesaukee Watershed Association, Lakes Region Planning Commission, North County RC&D, UNH Cooperative Extension, NH Department of Environmental Services and the Center for the Environment PSU described their plans to “forge a unique, subwatershed approach to enhance economic vitality by protecting the watershed and its scenic beauty. The partners are dedicated to creating community awareness and educating the public through high visibility and outreach and informational programs.”

Lake Winnipesaukee is the largest lake in New Hampshire and the third largest in New England. It and its surrounding watershed, including Lake Kanasatka, are a significant asset for state tourism and the primary economic force in the Lakeʼs Region. However, the watershed lacks a comprehensive management plan that would permanently protect the environmental quality and the scenic beauty of the lake. The need for a comprehensive plan is great and timely. Development and lake traffic continues to rise, while E. coli, cyanobacteria and invasive species like milfoil threaten our way of life and runoff impacts water quality. These threats need to be addressed, and we need to prepare to address them and others in the future. That is why a comprehensive management plan is so important. We need ways to protect, sustain and enhance the watershed and its water quality for our visitors and communities alike.

The partnership approach is essential as no one entity can succeed in protecting the land and water resources of the watershed. The Center Harbor Bay Subwatershed Management Plan is part of this partnership. In their brochure it says, “Therefore, a partnership approach will be evident through all phases of progress toward the longterm goal of a watershed management plan for Lake Winnipesaukee. Advising the projectʼs teamʼs research, outreach and ultimate publication of the plan, a Center Harbor Subwatershed Advisory Committee will provide input and guidance at the various checkpoints through out the entire process. I did sign up to be Lake Kanasatkaʼs representative on their Advisory Board but will be looking for someone with more expertise that I to take over. So feel free to volunteer.

You all can see much more on the plans for a Watershed Management Plan for Lake Winnipesaukee and much more by visiting the web site www.winigateway.org. I urge you all to visit this site.

The thrust of their program to begin with is to control the amounts of Phosphorus and Nitrates in all the lakes that comprise the Winnipesaukee watershed and in those of the surrounding sub-watershed.

Under how you can help in their brochure it says "Our planning horizon is to complete the entire Lake Winnepesaukee Watershed Management plan in four years. (Lake Kanasatka is, of course, part of the sub watershed to be included). We have received a grant for this prospectus from the NH Charitable Foundation, and pilot funding to initiate a management plan and web site from the NH Department of Environmental Services ( a representative was there and very enthusiastic about this project). We are asking for and need ideas, financial support, and participation to make this vision and approach a reality."

There is a great need to publicize this group and their plans. They hope to have a very interactive method of gaining information. Getting the word out is crucial if this plan is to work so some of those present were making up flyers to be distributed to lake front owners and to put into local businesses. Perhaps our members can think of other ways beside having information on our website to spread the word. If you can think of ways and wish to help, contact me at Jane.nash@roadrunner.com.

Jane Nash

History of the  Kilnwood Court Stipulation
1971 Lake owners became aware that Ronald Thompson proposes to fill the wetlands of Lake Kanasatka for a development. LKWA is formed

1972 Efforts to stop the fill appealing to the NH Water Supply, (now the DES) and the Governors Council prove fruitless. Filling “useless” swamp to make “good” land” they felt was in the best interests of NH. This resulted in thousands of cubic yards of fill being placed in the wetlands of Lake Kanasatka.

1973 63 members of LKWA sign a legal petition to go to Superior Court in Ossipee suing Thompson. Ted Hilton is asked to represent the lake association. After several days of trial, an agreement is reached which becomes the Court Ordered Stipulation:

Summary of Stipulation
1. The large planned dock is limited to three 30 ft fingers
2. 38 lots reduced to 29 homes
3. Restriction on further fill, including the beach, launching motorboats and mooring motorboats.
All restrictions are placed in Kilnwood's “declaration of condominium” which each buyer signed when buying the property.

1999 Kilnwood gets permission from Department of Environmental Services to add two – 20 ft fingers to the dock.

2008 Kilnwood requests another additional two – 20 foot fingers and is opposed by LKWA and abutters. The additional permit was denied

2009 Kilnwood through their lawyer ask that the denial be rescinded. He argues that the Stipulation allowed for 16 boats and the dock was not big enough for 16 boats so they should be able to build a bigger dock. The Governor and Council agree. DES feels that they must issue a permit. The permit is issued and Kilnwood installs the additional docks in spring of 2010.

Potential Impacts of Kilnwood Dock Expansion - April 18, 2008
The Loon Preservation Committee offers the following summary of Lake Kanasatka loon nesting activity and nest raft use to inform discussion of plans to expand the boat dock and shoreline use at Kilnwood:

Because loons have never used the nest raft in its current location at the west end of the docks, the addition of two dock extensions there will not have a direct impact on the loons ability to access potential or historic nest sites. The 25% increase (4 additional boats) in boat traffic from the docks may increase the risk of disturbance to nests in that part of the lake, but the area is already heavily used and the additional boats probably will not expose the loons to any significantly different kind of human activity.

The proposed use of Kilnwood shorefront as a boat launch site for slip-owners may present more of an increase in human disturbance to the loons. Although the loon pair that has nested on the rocks near the dock are presumably habituated to the human activity at the waterfront to some extent, launching a boat is a more involved and variable process than using a slip from the water. Furthermore, as natural turnover brings new breeding loons to the lake, there is some chance that those individual loons will not be as tolerant, and will be deterred from nesting.

LPC’s main goals for managing the Kanasatka loon nest sites are to provide an optimal nest raft location and minimize the risk of human disturbance to the natural or raft nest. While the additional boat spaces do not appear to pose a direct problem for potential or historic nest sites, proposed boat launching at the site is a more significant concern. The usual natural nest site on the rocks to the northeast of the boat docks and the planned nest raft location to the northeast of the Kilnwood beach would probably both be better off without the addition of boat launch activity.

For more information or with questions, please contact LPC at (603)476-5666.

John Cooley, Jr.
Staff biologist
Loon Preservation Committee
Email: jcooley@loon.org


Kilnwood Court Stipulation Suit - November 23, 2010
At the 2010 August meeting of the LKWA a committee was formed to try to solve the problem with Kilnwood so that the Court Order would be obeyed. The committee was made up of 7 people from the Lake, naming itself “Keepers of the Lake” and hiring an attorney.

What has been done to date (as of February 9, 2011):
A lawsuit has been filed in the names of Ted Hilton and LKWA, who were originally named in the Court Stipulationt. The lawyer, Jim Bassett has prepared a "Complaint" which is their way of asking the court that the original court order be enforced. (Jim Bassett is also working with another lawyer, Jeremy Eggleton who grew up on Red Hill Road and whose grandparents are the Smith's of Bishop Shore.)

What this means to Lake Kanasatka Residents:
This lawsuit is about more than just the current dock expansion. If the stipulation is ignored Kilnwood could: add moorings for all remaining 13 houses who do not have room at the dock, or add more dock, add more houses to Kilnwood, put docks out from lakefront properties and ignore any of the items in the court order. The owners would be able to ignore all the restrictions in the Court Stipulation

Defending the Court Stipulation will cost money and your financial help is needed. If you would like to financially help the Keepers of the Lake committee, please send donations to:

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