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Bexley Hearings Calendar

Regatta Estates filed its opening brief today in the Bexley Ridge Land Use Petition Act (LUPA) appeal.  The calendar of events is:

  • December 6, 2022—The County and Lennar must file their responses to our opening brief;
  • December 15, 2022—Regatta Estates must file their reply to the County’s and Lennar’s brief;
  • December 20, 2022, 9:30 am—Oral arguments will be heard by Mille Judge in Snohomish County Superior Court.

Snohomish County has essentially thumbed its nose at all those who provided input on the ill-advised Bexley Ridge project (formally known as Frognal Estates), when it secretly allowed the new developer Lennar to delete over 200-trees and construct a much cheaper wall that cannot sustain landscaping, let alone the evergreen trees that had been promised as a part of the Environmental Impact Statements (EIS’s).

We believe that we have a very strong case, hopefully the Judge will agree.

We are still looking for donations to help defray our legal costs.  A big thank you to all of you who donated, but we still need more to continue the fight.  If you have not already donated, please consider donating now.  Donations to support the Bexley Ridge legal expenses can be made through the Sno-King Watershed Council at:  https://snokingwatershedcouncil.org/donations/

100% of all donations received will go to help with legal expenses.

As before, Lider Engineering is providing its professional services pro bono.

THANK YOU FOR YOUR SUPPORT!

William (Bill) Lider, PE, CESCL

Lider Engineering, PLLC

2526 – 205th Place SW

Lynnwood, WA 98036

425-776-0671 (W)

206-661-0787 (C)

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Bexley Ridge LUPA Appeal Update

On Monday we filed our additional exhibits, the ones that Snohomish County did not want to see judge to see, as well as our sworn declarations from Zsofia Pasztor, Farmer Frog, David Pelke, Regatta Estates HOA President, and myself.

Snohomish County feels that it can make radical design changes to any project, totally disregarding the commitments made during the EIS and Hearing Examiner reviews, even design drawings it had previously approved.  This case has the potential to force significant changes in how Snohomish County administers development projects in the future.  If we prevail, it will be much more difficult for the County to ignore its commitments to the public, simply to increase a developer’s profit margin.

On November 15th we must file our opening brief and our case will be heard in Snohomish County Superior Court on December 22nd.  We are almost out of money and need your help to raise $3,000 more.  Please consider making a tax-deductible contribution to the SKWC’s legal defense fund at https://snokingwatershedcouncil.org/donations/ to help support the cause.

Thank you!

William (Bill) Lider, PE, CESCL

Lider Engineering, PLLC

2526 – 205th Place SW

Lynnwood, WA 98036

425-776-0671 (W)

206-661-0787 (C)

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Update on Frognal/Bexley Ridge Retaining Wall

The Regatta Estates appeal before SNOCO Hearing Examiner Peter Camp of the 200 deleted screening trees required for the 60-foot-high retaining wall at Frognal/Bexley Ridge has been dismissed.  This is not necessarily a bad thing.

We anticipated this appeal would be dismissed because of lack of jurisdiction by the Hearing Examiner; however, had we not filed this appeal, SNOCO and developer Lennar would have argued for dismissal of Regatta’s Superior Court appeal, for not having exhausted our administrative appeal options before going to court.  The stipulated order signed by Camp prevents SNOCO and Lennar from raising this issue against Regatta and requires the Hearing Examiner to refund Regatta’s $1,500 filing fee.  So we are just out the attorney costs to go through the motions of having to file before the Hearing Examiner.  Regatta’s appeal is still pending in Snohomish County Superior Court, a preliminary hearing date has yet to be determined.

In other news, PDS has returned review comments to Lennar on their recent proposal to delete the 200 screening trees.  Lennar contends that this is a “minor change” a term in the County code that allows PDS Director Mike McCrary to approve this change without public notice or comment.  Lennar now proposes to spatter the site with the 200 deleted trees, where they will not provide any screening of the 60-foot-high ugly wall.  Lennar proposes to plant ferns and low growing shrubs that will not grow on the rock-faced, geotextile-wrapped retaining wall as replacement landscaping for the trees.  Lennar claims that this will meet the requirements of the Hearing Examiner to plant the trees on the terraced, landscaped wall that was approved by PDS in 2018.  We anticipate that PDS will approve Lennar’s faulty landscape design in the next week or two.

Regatta contends that not only does the current landscape proposal not meet the requirements for the tree-landscaped retaining wall that was discussed in two Environmental Impact Statements, approved by the Hearing Examiner, and by PDS, but that it is also illegal for PDS to continue issuing building permits to Lennar under the County’s own code, without an approved landscape design.  Regatta contends that Lennar never intended to landscape the 60-foot-high retaining wall as evidenced by the rock facing construction and their failure to even address this problem, until after Regatta’s appeal.  Regatta contends that this is a “major change” that requires a SEPA review and public comment.

The Regatta Estates appeal will continue in Superior Court.

What can you do?

  • Please take a moment to contact Councilpersons Megan Dunn and Stephanie Wright, in whose districts the Bexley Ridge and Regatta Estates are located.  Ask them to act on the proposed legislation SCC 30.63B.135 (attached) to limit the height of these monster retaining walls in residential neighborhoods.  While this legislation will not affect the current Bexley Ridge appeal, it would prevent this situation from occurring in the future at other sites around Snohomish County; and

Please feel free to forward this e-mail to other concerned citizens and neighbors.

Thank you for your support!

William (Bill) Lider, PE, CESCL

Lider Engineering, PLLC

2526 – 205th Place SW

Lynnwood, WA 98036

425-776-0671 (W)

206-661-0787 (C)

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Fireworks Are Banned in SW Snohomish County

Effective January 1, 2021, the use of consumer fireworks is banned in unincorporated areas of Southwest Snohomish County.  We reside in unincorporated Snohomish County and our area is covered by this ban.

According to the recent letter from Fire Commissioner Chris Teofilak, there is now a $500.00 penalty for a civil infraction and the possibility of court-ordered restitution for any damages.

To report a violation, Do Not Call 911.  Call the non-emergency number:  425-407-3999.  When calling, please expect to be placed on hold until the emergency operator is available.

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September Board Meeting

The next meeting of the Board of Directors of the Regatta Estates Homeowners Association will be held on Thursday, Sept. 2, 2021, and will be called to order at 6:30 p.m.

Due to the current Covid-19 pandemic, Mukilteo City Hall is closed and is no longer allowing groups to use their meeting rooms.  Instead of scheduling events at city hall, the Regatta Estates Board of Directors is now meeting online via Zoom.  All owners of homes in Regatta Estates are invited to attend these meetings.

If you are interested in attending, please email your name, home address, and your personal email address to the REHOA email account listed on the top of this page.   You can also use the “Contact Us” link on this page.  Once the board has verified that you are a member of the HOA, you will be emailed an invitation that will allow you to participate in the meeting.

At the beginning of each meeting, there will be a Homeowner Forum where homeowners are invited to address their concerns to the rest of their neighbors.

Date:  Sept. 2, 2021

Time:  6:30 p.m.

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June 2021 Board Meeting

The next meeting of the Board of Directors of the Regatta Estates Homeowners Association will be held on Thursday, June 17, 2021, and will be called to order at 6:30 p.m.

Due to the current Covid-19 pandemic, Mukilteo City Hall is closed and is no longer allowing groups to use their meeting rooms.  Instead of scheduling events at city hall, the Regatta Estates Board of Directors is now meeting online.  All owners of homes in Regatta Estates are invited to attend these meetings.

If you are interested in attending, please email your name, home address, and your personal email address to the REHOA email account listed on the top of this page.   You can also use the “Contact Us” link on this page.  Once the board has verified that you are a member of the HOA, you will be emailed an invitation that will allow you to participate in the meeting.

At the beginning of each meeting, there will be a Homeowner Forum where homeowners are invited to address their concerns to the rest of their neighbors.

Date:  June 17, 2021

Time:  6:30 p.m.

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Construction at Treatment Plant

Alderwood Water and Wastewater announced plans to begin preliminary work at the Picnic Point Treatment Plant.  The work will start around February 22, 2021 with some drilling and  preliminary soil testing in preparation for the construction of an Equalization Basin.  The Equalization Basin is expected to be located at the uphill end of the existing plant.

Actual construction is planned to begin in late spring of 2022, and is anticipated to last for about 18 months.  Initial design plans are for the buildings to closely match the design of the existing treatment plant.

If you have any questions, you can email the district directly at PP-WWTF@awwd.com, or call Josiah Hartom at 425-741-7969.  There will also be monthly updates on the website:  https//awwd.com/about-us/current-projects/

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April 2021 Board Meeting

The next meeting of the Board of Directors of the Regatta Estates Homeowners Association will be held on Thursday, April 15, 2021, and will be called to order at 6:30 p.m.

Due to the current Covid-19 pandemic, Mukilteo City Hall is closed and is no longer allowing groups to use their meeting rooms.  Instead of scheduling events at city hall, the Regatta Estates Board of Directors is now meeting online.  All owners of homes in Regatta Estates are invited to attend these meetings.

If you are interested in attending, please email your name, home address, and your personal email address to the REHOA email account listed on the top of this page.   You can also use the “Contact Us” link on this page.  Once the board has verified that you are a member of the HOA, you will be emailed a invitation that will allow you to participate in the meeting.

At the beginning of each meeting, there will be a Homeowner Forum where homeowners are invited to address their concerns to the rest of their neighbors.

Date:  April 15, 2021

Time:  6:30 p.m.

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Upgrades to Fire Hydrants

You may notice some white paint on the streets of the association.  The paint may include the letters “LOC AWWD”.   This marks the location of the Alderwood Water and Wastewater line.  There also may be letters in multiple colors sprayed on the grass. These identify the location of the various untderground utilities (water, gas, power, phone, etc.)  This is all in prepartion for the replacement of some of the fire hydrants in the area.

Talking to the Alderwood Water and Wastewater crew, homeowners were told that there is nothing wrong with the existing hydrants.  However, they are twenty-five years old, and it is becoming difficult to obtain replacement parts for these units.  In order to be proactive and insure that the hydrants will work when needed, the old units are being replaced.

The process is rather quick.  It takes a few hours to replace the hydrant.  Crews return a few days later to pour a concrete pad around the new unit.

If you have more questions, please contact the Alderwood Water and Wastewater Department.

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Damage to Sidewalk

Homeowners have contacted the association about damaged and raised areas of the sidewalks in our neigoborhood.  Concerns have been voiced about the safety posed by these areas.

The HOA has been in contact with Snohomish County regarding these issues, and the association has been assured that the repair of these areas is on their calendar.  However, the county added that there is a significant backlog of repair jobs, and that it would be some time until permanent repairs can be made.  In the meantime, the county did come out and “grind down” the concrete in the problem areas.

If you are concerned about sidewalks in our community, you are encouraged to contact the Snohomish County Department on of Public Works.  It should also be noted that, if the damage is due to a tree on your property, you may be required to remove the tree before permanent repairs can be made.