Condo association worried lot merger will give future Kimball Castle development access to Winni beach

GILFORD — The president of a local condominium complex near Kimball Castle raised yet another concern this week regarding the razing of the stone structure built around the turn of the last century.

Reynold Ilg of Broadview Condominiums told selectmen on Wednesday that he fears that Kimball Castle, LLC will merge its portion of the castle property with a 3.3-acre abutting lot owned by David Jodoin.

Jodoin is the principal owner of Kimball Castle, LLC and the castle acre lot that has a 15-foot easement and rights to the private beach on Lake Winnipesaukee owned by Broadview.

Ilg said Jodoin's separate 3.3-acre parcel only gives single-family access to the Broadview Beach.

He told selectmen he wouldn't want to see the big lot merged with the smaller lot because combining the two could give the 25-acres owned by Kimball Castle LLC the same easement rights as the smaller lot, meaning that if the property were to be developed in the future that Broadview Beach could be overrun with additional people.

"We are very concerned," Ilg said, noting that former advertisements for Kimball Castle's sale as an inn listed "beach rights" and, to the best of his knowledge, the actual 25-acres owned by Kimball Castle LLC has no easements to the beach.

Selectmen, in their capacity as trustees of the Kimball Castle properties, must approve any contract before it is submitted to the Belknap County Superior Court for possible approval. Jodoin has given them a draft of what he wants and selectmen held a public hearing earlier this month. The board is now working with their attorneys to evaluate Jodoin's proposal and incorporate the concerns expressed by people who spoke at the hearing into it.

The town holds $90,000 of the $116,000 mortgage on the 25-acre piece of property that was sold with the approval of annual town meeting in 2009. The money from mortgage payments goes into the Kimball Wildlife Trust that manages the rest of the estate for hiking and wildlife preservation.

Town Administrator Scott Dunn said yesterday that he has spoken to other people who live in Broadview. He said, in his opinion, it wouldn't make any sense for Jodoin to merge the castle lot with his 3.3-acre separate parcel because that would make the smaller parcel subject to the same restrictions as the larger one.

"He (Jodoin) would lose control over the 3.3-acre lot he owns outright," Dunn said.

Dunn also noted it wasn't in the town of Gilford's purview to determine what Jodoin can or can't do with the small parcel as it relates to the Kimball Castle property.

He said a voluntary lot merger is administrative not legislative and is not a matter for the Board of Selectmen.