Lake Samish Association

Back to Issues

Sleepy Hollow Development             



Update (September 2011):                


County Hearing Schedule
  • September 30, 2011 in the morning at the County Council Chambers, 311 Grand Avenue, Bellingham
 - Residents can give public testimony during this time.  For questions or concerns see Board Member contact information at the bottom of the page. 

The Hearing Issues are:

1)  VESTING - Even though the vesting issue has been ruled on before by the County Hearing Examiner, there are still questions involving the current ownership of the property, as well as, if major changes have occurred to the subdivision plans since it became the “Sleepy Hollow” subdivision. The County Hearing Examiner has asked the County Planning Department to present all the laws and/or ordinances that were instated when the original development was approved in 1992. There is a question of what are considered ‘major changes’ to the original subdivision plans. It was also noted that the developer does not have the right to ‘pick and choose’ to adhere to new or old laws in pursuing the development.

2)  MDNS (Mitigated Determination of Non-Significance) - The County Hearing Examiner has ordered a new MDNS (as opposed to revising the existing) to assure that all aspects of the development are in compliance, and to make sure his final ruling is not in legal jeopardy.

3)  TRAFFIC & SAFETY - The issues in regards to what traffic enhancements are required to keep pedestrian and vehicle travel safe. The issues include the width of roads, no shoulders, and change of vehicle trips per day that already exceed County standards for our roads. There are also questions on whether these issues can be mitigated at any cost, based on steep slopes, no shoulders, and the close proximity to Lake Samish.

4)  FRIDAY CREEK OUTFLOW - The outflow of Lake Samish at Friday Creek cannot be less than 2 cubic feet per second. This is a requirement by the State Departments of Fisheries and Ecology. This outflow is directly reflective of whether or not more water can be drawn from the Lake to provide for residents.

5)  DRINKING WATER - Not only are there issues with the Lake  State Department of Health. Remember, when this development changed hands and became Sleepy Hollow, their plan was to bring Public Water into Lake Samish. Once Skagit County determined there wasn‘t available water to serve LakeSamish, the developer changed plans to withdrawing water from the Lake.

6)  STORMWATER/WATER QUALITY - It’s been determined that the health of the Lake has degraded in the past years. There have been algae blooms, and other deteriorating factors caused by phosphorus loading in the Lake. This occurs from land clearing and development when the soils are disturbed and exposed, an increase in impervious surface area, and discharge of fertilizers into the Lake. This development would radically increase this deterioration of the Lake’s water quality based on these factors. Their plan is to build inadequate storm water ponds and treatment areas in an attempt to rectify this issue.

7)  SEWER AVAILABILITY - There is a letter in the file from the Samish Water District saying they have the capacity to service the development but the service is dependent on County approval since Lake Samish is outside the Urban Growth Area. Whatcom County has not ruled on whether sewer availability would comply with the State Growth Management Act and the County’s policies, zoning, and regulations implementing it. This brings into question whether the development could be serviced by the sewer system at all.

 

PLEASE HELP IF THESE ISSUES CONCERN YOU

 You can WRITE:            MICHAEL BOBBINK, HEARING EXAMINER
                                  C/O WHATCOM COUNTY DISTRICT COURT
                            311 GRAND AVE
                                  BELLINGHAM, WA 98225

Or FAX:                        360-738-4560
                                  ATTN: MICHAEL BOBBINK, HEARING EXAMINER

Or EMAIL:                     cmagner@co.whatcom.wa.us            
                                  ATTN: CAROL MAGNER       
                                  RE: SLEEPY HOLLOW DEVELOPMENT

Or DONATE TO:             CONCERNED NEIGHBORS OF LAKE SAMISH
                            C/O KATHY PLOEGER
                            631 E. LAKE SAMISH
                            BELLINGHAM, WA 98229

 
THE CONCERNED NEIGHBORS OF LAKE SAMISH ARE NOT AGAINST DEVELOPMENT. WE JUST BELIEVE ANY DEVELOPMENT SHOULD ADHERE TO TODAY’S LAWS IN THIS CRITICAL AREA WATERSHED. WE ARE A SMALL GROUP OF NEIGHBORS TRYING TO PROTECT OUR LAKE, OUR SAFETY, AND OUR QUALITY OF LIFE. YOUR MONETARY DONATIONS AND INPUT VOICING YOUR OPINIONS TO PURSUE THIS GOAL IS VITAL. THANK YOU FOR ALL THAT YOU CAN DO.

January 2011

Whatcom County Hearing Examiner Notice of Public Hearing for Shoreline/Preliminary Long Subdivision Permit SEPA MDNS(Mitigated Determination of Non-Significance) Appeal Notice is hereby given that Mercedes Holdings has filed SHR03-07 & LSS00-0011 to create 45 residential lots, playground area, open space tracts, & associated infrastructure on 23.5-acres at 400 Summerland Rd, Bellingham, WA.

APPEAL01-09 filed by Concerned Neighbors of Lake Samish will be heard in conjunction with the permit hearing on February 9th , 2011 at 1:30 pm, at the Council Chambers, Whatcom County Courthouse, 311 Grand St, Bellingham, WA.

To express your opinions or be notified of the decision, please write to:  Michael Bobbink, Hearing Examiner, c/o Whatcom County District Court, 311 Grand Ave, Bellingham, WA 98225, email to cmagner@co.whatcom.wa.us or appear at the hearing on February 9th at 1:30 pm. Written & oral comments may be submitted at hearing. Mailed or emailed comments must be received by Feb. 8, 2011, prior to hearing day Feb. 9, 2011, to be included in the record.




October 2010:

The “Sleepy Hollow” Subdivision is a proposed development of 46 houses on approximately 23 acres at the junction of West Lake Samish Drive and Summerland Road. Whatcom County Planning and Development (County) determined that “no significant adverse environmental impacts are likely” from this development. The Concerned Neighbors of Lake Samish (CNLS) formed in 1992 to oppose this  development, because we believe there will be significant adverse environmental impacts to Lake Samish and its surrounding rural areas.

The original hearing to appeal the County’s designation was on January 20, 2004. Due to the extent of potential impacts this development would have on Lake Samish including water quality, storm water runoff and pollution, fisheries habitat and Friday Creek flow, traffic and pedestrian safety, the County Hearing Examiner could not complete the hearing in one day and requested a continuance in 3 weeks. The additional 3 weeks would allow the County and developer, Derek Stebner, to respond to concerns and provide additional information requested by the Hearing Examiner. Sadly, Stebner’s engineering expert died unexpectedly and the follow up hearing never occurred. Now, after nearly 7 years of delay, the County, working with the developer, has completed a staff report supposedly clarifying, updating, and/or resolving issues that arose during the January 2004 hearing. The County and developer have informed the Hearing Examiner that they are prepared to continue the hearing.

We have been notified by the County that our next meeting to continue the hearing will be scheduled soon. So we’re appealing to you for renewed financial support for our legal counsel to oppose this development. We believe that this densely clustered development would be inappropriate and detrimental to the rural character and nature of this watershed. Please help us to stop this development! Donations can be sent to: CNLS, c/o Kathy Ploeger, 631 East Lake Samish Drive, Bellingham, WA 98229. 

 




MAP
(click above to open map)

  

Brief History of the Sleepy Hollow Development:

In the early 1990's, a group of neighbors living in the Lake Samish area, formed what is now known as the Concerned Neighbors of Lake Samish (CNLS).  The group was formed to provide guidance to Lake Samish residents on issues which may affect the health and water quality of the Lake, to ensure that development in the area is compatible with the existing unique character of the community, and to see that development is in strict compliance with applicable rules and regulations.  The CNLS has provided important leadership on the 2002 Rezoning in the watershed, a Water Resource Protection Overlay in 2005, and appeals on the County's SEPA determination to permit the Sleepy Hollow development.  The Sleepy Hollow development includes plans to construct 46 homes on 20+ acres between Summerland Road and W. Lake Samish Road and provide its residents with water from Lake Samish.

The CNLS has been actively fighting against the Sleepy Hollow development and it's developer Derek Stebner (before 2000, owned by the LeCocq family and called Strader Place) since 1992 because this development will have significant adverse environmental impacts to our watershed including:

  • a significant increase in stormwater runoff and flooding in the area;
  • degrading the quality of water in Lake Samish, both from sediment runoff and                pollutants; and
  • increasing traffic congestion and the potential for serious automobile and                        pedestrian accidents.

In January 2004, the CNLS gave testimony to the County Hearing Examiner on the need for the developer to evaluate these and other potential impacts to our watershed through an Environmental Impact Statement.  Based on the initial testimony at that hearing, the examiner (Michael Bobbink) requested a continuance of the hearing until the developer and County could provide more information to the court on these environmental impacts.  Now, after almost 7 years the developer feels he is ready to continue the hearing to address the hearing examiner’s requests for additional information. The CNLS will be reviewing the additions to the development file at the County Planning and Development Office and getting expert legal counsel in preparation for the hearing. The date for the next hearing will be decided soon and could be as soon as January, 2011.

The development files for Sleepy Hollow; LSS 2000-00011 Sleepy Hollow (originally submitted on November 27, 2000), Shoreline Substantial Development, SHR2003-00007, and associated SEPA Appeal, APL2001-00009, are on file at the Whatcom County Planning Department and are open for viewing to anyone whose interested.

ADDITIONAL INFORMATION:

Information provided by Concerned Neighbors of Lake Samish 


CNLS Board Members:

Mark Herrenkohl, President   (360) 647-6980 
Steven Harper, Vice President
Barbara Vaughan, Secretary
Kathy Ploeger, Treasurer

Donations for CNLS: 
c/o Kathy Ploeger
631 East Lake Samish Drive
Bellingham, WA  98229

All Content © 2008 Lake Samish Association Unless Otherwise Noted
Privacy Policy | Site Map
Seattle Website Design by Ryan Scott Designs