>Possible Appeal of BOCC Decision? – 11/2/09


Commissioners’ Denial of Community Appeal. On October 26, 2009 the County Commissioners signed the denial of the Community’s appeal of aspects of the Timbers Edge project. Once that document was signedthe community has 21 days in which an appeal can be submitted.

Will the Community Appeal the Decision? That is the question that has been asked by many as the article in the Kitsap Sun said the residents were upset with the decision.

Decision Up To Community. It appears, from the information sheet being distributed, that the Illahee Community Club Board of Directors is leaving that decision up to the Illahee Community.

What Happened That Was Upsetting? That is the other question we have been asked and we will attempt to answer it. We know the commissioners did not address all the issues raised by the community, which was one problem. The second appears to be, what has been described as the “wishy washy and weasel word” language of the new condition proposed by the developer and essentially repeated word for word in Commissioner Brown’s added condition to the project. Evidently the Community had suggested more definitive language and an added condition, but their request was totally dismissed or ignored. They expected that at least one of their recommendations to be included in the final writeup since Commissioner Brown requested the Community comment on the Developers new proposal. And what was worse was when Commissioner Brown chastised their lawyer for not commenting on the new proposal, which led many to wonder if Commissioner Brown had even read the Community’s input. They feel without definitive language in the proposal there are no assurances Illahee Creek’s baseflow will be protected. We think that is a fair summation of what happened, based on talking with those who attended the hearing and our viewing of the recordings on BKAT. We have taped the meetings in case anyone is interested.

Mailed Written Decision? We think the written decision will soon be received by the parties of record. We obtained a pdf file of the decision and have attached it to this email for those who won’t get it.

Community Appeal Letter. The letter being distributed and sent out to residents and others interested in what is happening in Illahee is provided below. It is self explanatory. It will be interesting to see what the community decides to do.

Jim Aho


TO OUR NEIGHBORS ~ The recent decision by our Board of Commissioners approving the Timber’s Edge Project isastonishing. Not seriously considering many issues the ICC brought forth in our appeal on behalf of the residents of the Illahee Community is unacceptable. The Commissioners added modified conditions, but then used ambiguous unenforceable language (with the goal of, with the intent of, to the extent feasible), and then discounted the other six appeal items, and possibly far more serious issues to many residents, such as road and traffic safety, possible storm water runoff, and Critical Areas Ordinance (CAO) standards.

The Illahee Community Club (ICC) voted to continue to support the community’s desires with the Timbers Edge project providing sufficient financial support is received or pledged.

The estimated cost for this next round of legal endeavors will be roughly $15,000, and somewhat less if we only appeal to the Shorelines Hearings Board (SHB). In order to reach this goal, we are in need of immediate and pledged financial contributions. According to our attorney, we have 21 days to respond with legal action once the Board of County Commissioner’s written denial has been received by our counsel. The appeal deadline date appears to be November 19, 2009.

We need to advise everyone that this will not stop Timbers Edge, but rather will hopefully allow it to be further conditioned to minimize its negative impacts. We also hope it may help convince the developer to acknowledge the community’s desires and build a lower density development as stated in our Proposal Letter to him. As stated by an Illahee resident “If Mr. James would accept the Community’s proposal, the Illahee Community will help him sell his homes.”

The ICC Board has already pledged nearly $1,500 to show their support. Several have committed to $30 a month for 6 months, while others have pledged outright gifts of $200 & $300. If just 75 families gave $200 we would meet our goal. If 25 gave $200 we should have enough for the SHB appeal.

Any contribution is appreciated during these tough times. And we thank you now for anything you are able to give!! We would like all of you to become Active (voting) Members in the ICC. A yearly membership per individual or family is only $10, and in joining us you can add you name to the many who support our vision and purposes.

Our annual meeting will be November 14, 2009 starting at 1:30 pm at the Sylvan Way Library. Timber’s Edge issues will be addressed at this meeting along with other community issues.

Should by some magnanimous decision by Mr. James, the developer, agree to the community’s desires and build a lower density development with sustainable environmental choices, we would only need a portion of the pledged funds to pay the legal fees to that point, with any remaining going to support those issues which we have defined by our vision and purposes.


The ICC is a non-profit organization. All contributions are tax deductable, as allowed by law.

Financial support in the amount of $_____________ is pledged to the ICC.

We Pledge this: Monthly _______ ( 6 months) Monthly ________ (12 months)

One Time Contribution $ ________________

Name _________________________________ Email ____________________________________

Address _______________________________________________________ Zip Code __________

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