Blodgett Dock Meets Resistance

By Ken Signorello

lodget Oven of Burlington wants to place a 330 foot L shaped floating dock from it's employee park on the shore of Lake Champlain in Burlington.

All permits (federal, state, and city) had actually been obtained when the state permit was appealed by Kevin Rose, a Burlington Resident and the Champlain Kayack Club. The appeal prehearing is currently set for March 13th, 1996 at 1300 in Montpelier at the Water Resources Board at 58 E. 8th Street, fourth floor.

Blodget actually deployed the dock in 1994 believing it had received the required government approval from the Coast Guard, according to Chris Gannon, general council for Blodget. When the dock was discovered by avid kayak paddler Kevin Rose. He informed Burlington city officials. The Zoning commission initially forced the docks removal and application for city permits. These and others were granted by the Burlington Harbor Commission. In addition permits were granted by the Water Resources Board. Gannan explained that Blodget was looking forward to the placement of the docks this year.

The basis for the appeal, according to Rose, is that the dock blocks a popular paddler's route from the Burlington Boathouse to Oakledge Park, and the dock use does not satisfy the Public Trust since the docks can only be used by Blodgett employees and guests. Gannon, however, disagrees. He explains that the docks will provide access to the lake for some 300 Blodgett employees, families, and guests which could be as many as 600 to 1000 people, which in his opinion is a public benefit.

The Conservation Law Foundation is also interested in this appeal. Mark Sinclair, staff attorney, views this case as very important. Sinclair notes the Point Bay Marina expansion case as establishing proper application of the Public Trust doctrine by state agencies. He feels that this precedent has been ignored in the Blodgett permit approval.

Sinclair believes the Blodgett application approval is flawed primarily because access to the dock is not public. Additionally, it may interfere with traditional uses such as paddling. Sinclair also sites the size of the dock. Although the Conservation Law Foundation is not against private docks of 50 feet or less, Sinclair finds that a private dock with over 300 feet in the water "does not compute".