On Wednesday, Nov. 24th, the Washington Sate Department of Health announced that they have closed area South King County and Quartermaster Harbor to butter clam harvesting due to Paralytic Shellfish Poison.

“Paralytic Shellfish Poison (PSP) has been detected at levels of concern in butter clam samples collected from beaches in south King County and Quartermaster Harbor on Vashon Island,” reads a statement. “As a result, the Washington State Department of Health (DOH) has closed beaches from Three Tree Point in Burien to the Pierce County line and Quartermaster Harbor to the recreational harvest of butter clams.”

Authorities are posting advisory signs at area beaches, warning people to not collect butter clams from these areas. Other species of mollusks, crabs and shrimp are not included in the closure.

PSP poisoning can be life-threatening and is caused by eating shellfish containing a potent neurotoxin, which is produced by a naturally-occurring marine organism. The toxin is not destroyed by cooking or freezing.

A person cannot determine if PSP toxin is present by visual inspection of the water or shellfish. For this reason, the term “red tide” is misleading and inaccurate. PSP can only be detected by laboratory testing.

Commercial beaches are sampled separately and commercial products should be safe to eat.

Recreational shellfish harvesting can be closed due to rising levels of PSP at any time. Therefore, harvesters are advised to call the DOH Biotoxin Hotline at 1-800-562-5632 or visit the Biotoxin Website ( http://www.doh.wa.gov/ehp/sf/biotoxin.htm) before harvesting shellfish anywhere in Puget Sound.

Public Health – Seattle & King County announced Wednesday (Sept. 1st) that Paralytic Shellfish Poison (PSP) has been detected at “levels of concern” in shellfish samples collected along county shorelines, and as a result, the Washington State Department of Health (DOH) has closed all of King County to the recreational harvest of shellfish, including the shorelines of Burien.

Advisory signs are being posted along area beaches and harbors warning people to not collect shellfish from these areas. The closure includes clams, oysters, mussels, scallops and other species of mollusks. Crabs and shrimp are not included in the closure.

Commercial beaches are sampled separately and commercial products should be safe to eat.

PSP poisoning can be life-threatening and is caused by eating shellfish containing a potent neurotoxin. A naturally occurring marine organism produces the toxin.

The toxin is not destroyed by cooking or freezing.

According to Wikipedia:

PSP can be fatal in extreme cases (particularly in those who are already immuno-suppressed). Children are more susceptible. PSP affects those who come into contact with the affected shellfish by ingestion.[1] Ten to thirty minutes after ingestion, symptoms can include nausea, vomiting, diarrhea, abdominal pain, and tingling or burning lips, gums, tongue, face, neck, arms, legs, and toes.[1] Shortness of breath, dry mouth, a choking feeling, confused or slurred speech, and lack of coordination are also possible.

A person cannot determine if PSP toxin is present by visual inspection of the water or shellfish. For this reason, the term “red tide” is misleading and inaccurate. PSP can only be detected by laboratory testing.

Recreational shellfish harvesting can be closed due to rising levels of PSP at any time. Therefore, harvesters are advised to call the DOH Biotoxin Hotline at 1-800-562-5632 or visit the Biotoxin Website: http://www.doh.wa.gov/ehp/sf/biotoxin.htm before harvesting shellfish anywhere in Puget Sound.

by Ralph Nichols

Burien residents on the Puget Sound waterfront – concerned about impacts revised shoreline regulations, if adopted, would have on their property – heard encouraging words at a June 14 forum on the science behind these proposals.

Shoreline buffers “are not entirely applicable” along Burien’s developed Puget Sound shoreline because they “presume natural forested conditions without urban constraints,” said fisheries biologist Carl Hadley of Cedarock Consultants Inc.

“Existing buffer science contrasts with existing conditions in Burien,” Hadley told lawmakers at the forum, which was held to give them background information as they began a summer-long review of proposed updates to the city’s Shoreline Management Program.

The recommend changes to the shoreline plan were approved by the Burien Planning Commission in late March and forwarded to the city council for final action.

These include a proposal to increase setbacks from the ordinary high water mark, which limit where waterfront property owners on Puget Sound can build homes and other structures, from a current 20 feet to 65 feet. The greater restriction would combine buffers and setbacks.

Homeowners are concerned that such a change would negatively impact property values and restrict what they can do on their own land.

“Adding buffers to protect large trees [in residential reaches] just does not make sense,” Hadley continued. “Trying to improve habitat quality on developed lots using buffers just doesn’t work.”

Instead, he suggested, development and redevelopment of property can be regulated to protect shoreline ecological functions just as effectively through the use of applicable city codes.

“Large buffers work great if you have an intact forest,” Hadley said. And they will work well at Seahurst Park, “which is definitely unique and should be treated separately.”

In developed residential reaches, “go in and handpick the functions you want. That will do better than dropping a buffer over an entire shoreline. You don’t need a 150-foot buffer to do that. You don’t even need 50 feet.

“Rather than pissing everybody off in the shoreline, develop something specific,” advised Hadley, who has been retained as a consultant by the Burien Marine Homeowners Association.

Dr. Kathy Taylor of the state Department of Ecology told council members – and the audience that packed city council chambers for this first of two forums on shoreline issues – that buffers from 25 to 91 meters inland from the ordinary high water mark are 80 percent effective.

The function of buffers is to maintain natural erosion as part of the process of protecting water quality and retaining, restoring or enhancing shoreline vegetation, Taylor said.

Cassandra Moore, a biologist with Grette Associates, a subcontractor for the city’s Shoreline Management Program update, said data she collected, guided by the Washington Administrative Code, provide a “baseline snapshot” of Burien’s shorelines for the review process.

“Modified shorelines are most prevalent” locally,” Moore observed, a fact that makes restoration of shoreline habitat rather than no net loss a factor to for council members to consider as they consider proposed revisions to the management plan.

“No net loss is designed to stop new impacts to shoreline ecological functions,” said Hadley. Yet along almost five miles of Puget Sound shoreline in Burien, there are 309 private lots, 282 of which have been developed with private residences.

This makes most of the Burien shoreline, where most of the information has been collected, “quite a bit different” than other areas where no net loss is an issue because “the shoreline here is densely developed.”

Hadley urged the city “to be sure of the science applicable to the shoreline involved here” and, in reviewing recommendations for buffers, to consider “the best way to deal with no net loss.”

Councilman Gordon Shaw said, “I get confused when people talk about the best available science, and then no one can pinpoint it. I’m concerned about asking our shoreline property owners to sacrifice for the common good … but we’re unable to pinpoint that.”

Shaw added “the whole process we’ve talked about tonight is something we need to proceed very slowly with, because we don’t know if it’s going to do what it’s intended to so.”

Councilwoman Rose Clark inquired, “We have done here over time a lot of good things … do those things count [in complying with no net loss] or will it all fall on the shoulders of those living along the shoreline?”

The “restoration component” of the Shoreline Management Plan “includes good things you have already done … completely,” replied Moore.

Hadley said Seahurst Park is the best location for the city to achieve no net loss and make other shoreline improvements.

Mayor Joan McGilton encouraged waterfront property owners to become “citizen scientists” and collect their own shoreline ecological data because “you know your own beach better than anyone else” – and because “we can’t always be looking to the federal and state governments.”

The second public forum will be held by the city council meeting next Monday, June 21, at 7 p.m., where proposed Shoreline Master Program revisions that would impact waterfront property owners will be discussed.

Topics will include shoreline buffers and setbacks, non-conforming structures, bulkheads, vegetation, and public access, as well as what is required by the state Shoreline Management Plan and state shoreline guidelines,

Major concerns of these property owners – their ability to resell homes, resale values and insurance – will also be addressed.

Once again, the audience will be invited to participate in a facilitated question-and-answer session with panelists and council members following prepared presentations.

The council will continue discussing the proposed revisions at their July 19 and Aug. 2 meetings. A public hearing will be held on Aug. 16, with final discussion and adoption of an updated Burien Shoreline Master Program scheduled for a special meeting on Aug. 30.

Once the city’s plan is adopted, it will be submitted to Ecology for its review and final approval.

by Ralph Nichols

Against a backdrop of requests for civility and respect – and new expressions of public unease – city council members took a preliminary step on May 3 toward a summer-long review of Burien’s revised Shoreline Master Program.

Their discussion, which lasted over an hour, focused on the process they will employ in considering the updated shoreline plan, especially at the first formal discussion of the controversial draft scheduled for June 14.

Council members want a briefing at that meeting, which has been dubbed “Shoreline 101,” on what is required of them in the review process, the regulatory issues, shoreline ecological functions, “no net loss” of wetlands, and the legal and scientific definitions involved.

City Manager Mike Martin will submit to the council for its consideration on May 10 a refined plan for the process.

The preliminary schedule proposed by Community Development Department staff sets subsequent meetings on:

• June 21 – the first of two public hearings.
• July 19 – council discussion.
• Aug. 2 – council discussion and direction to staff for final updates to the plan.
• Aug. 16 – the second public hearing.
• Aug. 30 – a special meeting for council discussion and adoption of the city’s revised Shoreline Master Program.

Property owners from city’s two regulated shoreline areas, Three Tree Point and Lake Burien, want at least one meeting for a discussion at which they can engage in dialogue with council members and not be limited in their remarks to three minutes.

But while Council members Brian Bennett, Lucy Krakowiak – who would prefer two roundtable discussions – and Gordon Shaw endorse the idea, Mayor Joan McGilton and Deputy Mayor Rose Clark aren’t so sure.

“I’m not a strong proponent of a public forum,” McGilton said. Council members need to read all the letters about the shoreline plan, submitted earlier to the Burien Planning Commission and the council, to “have a good understanding of what the community’s concerns are,” she added.

“Many times the city has had public forums,” Clark continued. “Often the public treats us not as a partner but as someone to fight against … I would hope for civility and respect.”

While she would “hope to come into a [forum] as friends, neighbors, with mutual respect, I am troubled that lawyers have already been hired [by shoreline property owners] as if we have motives that are not sincere,” Clark said. “I don’t have any of those motives.”

Concern over the draft shoreline plan, which was approved and submitted to the city council by the Burien Planning Commission on March 30, was evident during public comment that preceded the lawmakers’ discussion.

“The planning commission failed to do what they should have done,” said Clark Mounsey. What they did “was blatant activism.”

Don Warren said there are “various state guidelines [in the Shoreline Management Act] we wrongly used and treated as requirements.”

And Greg Anderson suggested that the “residents of the waterfront … are probably the best stewards of that waterfront. Please let the citizens help you put a good plan together.”

Looking at the work ahead of them, which then will be reviewed by the state Department of Ecology, Shaw said, “I don’t want us to be under the threat of doing something we don’t want to do.”

But, McGilton responded, “We are the decision makers.”

Later, Shaw added, “We’re not Seattle. We’re not Tacoma. We don’t have industrial development on our waterfront. We’re not even Des Moines with a marina … everyone in this room agrees that protection of the shoreline is a good idea. But there is no benefit from one size fits all. That will not improve Burien’s shoreline situation.”

Shaw said he wants someone from the Master Builders Association and a real estate representative to speak to the council in addition to those who will talk about shoreline ecology.

Bennett said he wants “scientific experts and real estate experts” to discuss the impacts of more restrictive shoreline regulations on waterfront property owners.

And, said McGilton, “I hope we can get an expert from the Puget Sound Partnership. I would really like to get that perspective … lots of folks talk about individual property rights, but I want to hear from others.”

Senior Planner David Johansen told council members that under state law, the shoreline jurisdiction extends 200 feet inland from the ordinary high water mark, and includes associated wetlands.

Major issues facing the council in adopting an updated shoreline plan for the city include public access, repair and replacement of bulkheads, alterations to native vegetation – as well as non-conforming structures and buffer zones, Johansen said.

The current setback for homes and other structures along these waterfronts is 20 feet from the ordinary high water mark. The updated shoreline plan before council members proposes a new setback and buffer of 65 feet.

More than 130 homes would be classified as “non-conforming,” which could affect property values and future additions or repairs, if that proposal is adopted.

This letter is in response to the article posted about Brian Bennett and the Shoreline Advisory Committee that he served on (read the original story here). In this article, Brian claims that he has his own higher priority for what should be the purpose of Shoreline Master Program. The State’s priorities are, “protection of the environment so that there is no net loss, enhancing public use on publicly owned shorelands while protecting private property and public safety and the coordination of shoreline development around the state to protect the shorelines.”

Perhaps his misunderstanding of what are the priorities for the Shoreline Master Program stem from the fact that he did not attend the 50% of the four critical writing meetings. And the last meeting he attended, he came unprepared without his document that was to be discussed. He was unaware of the functioning rules of the committee and did not know how to take citizen input at the meetings. Perhaps this is why citizens did not get heard at this level. These issues of attendance, not bringing your homework to the meeting and not knowing the operating rules are of importance when you are acting as the chair of the committee, as Brian was supposed to be doing.

Additionally, had Brian read the Appendices to the draft document he was reviewing, he would be able to answer the question he posed in the blog article, “How to create public access to Lake Burien without impacting property owners around the lake?” The consultants to the study noted that there is visual access to the lake from several streets. These points could be further enhanced by the city to provide visual public access points to the lake. Whether the city will pursue them is another question and the real one that he should be addressing as a councilmember. The City of Burien has a number of beautiful public access points to the city’s shorelines which they currently do not secure or protect adequately. Jim Branson has written a number of blogs about this problem with the city not being willing to spend any money on enforcement and protection of shorelines and parks. The city has a legal obligation to protect them under the Shoreline Master Program.

Lastly, the Ruth Dykeman Children’s Center is a wonderful asset to the state, community, children and families. It requires high security for its clients. The last thing that they need is a public park next to them. This will breach their security. Brian knows that the Center has not put their land up for sale as of yet and they have clearly stated they do not want a public access next door to them. During the same time that the City of Burien issued a public statement that it was not seeking a public access to Lake Burien, behind closed doors, Brian directed the city manager to contact the Ruth Dykeman Children’s Center to again try to buy their land. Ruth Dykeman repeated they were not interested. But still again in this latest article, Brian makes a public issue of wanting to buy their land again. This demonstrates a complete lack of respect for private property rights and does not follow the concept of transparent government practices. This councilmember needs to do his homework and brush up on the etiquette of good manners with regard to the property of others.

- Chestine Edgar

[EDITOR'S NOTE: Have something you'd like to say? Then email us your "Letter to the Editor" by clicking here. Be sure to include your real name and a way to contact you, and, pending our review, we'll most likely post it. Otherwise, feel free to leave a Comment below...]

by Ralph Nichols

Burien residents had their final opportunity on Tuesday night (Feb. 23rd) to voice to the Burien Planning Commission their opinions and concerns about proposed rule revisions in the draft update of the city’s Shoreline Master Program.

Written comment still will be accepted, addressed to either the Burien Planning Commission or Senior City Planner David Johanson, at 400 SW 152nd St., Burien, WA, 98166, or by emailing DavidJ@burienwa.gov.

Concerned citizens will also have opportunities to speak out on the draft plan at public hearings, which will be scheduled later, conducted by the Burien City Council and the state Department of Ecology.

After hearing the last of the public testimony Tuesday evening, Planning Commission members began the process of working their way through a detailed summary of earlier comments by shoreline-area residents and draft responses prepared by city staff and consultants.

Public interest in this issue is so great – as is the level of concern among local shoreline residents who fear their property rights could be impacted by a revised plan – that the Burien Planning Commission, which will continue its review of the plan, will meet in the City Council chambers on the first floor of City Hall.

Almost 200 people, troubled primarily about the impact revised regulations – and public access to shorelines – will have on their property, crowded a smaller room for the Planning Commission two weeks ago.

But in the wake of that meeting, said several persons involved in the planning process, many of those commenting on the draft document were not well informed or were basing their concerns on “disinformation.”

Burien City Manager Mike Martin and Senior City Planner David Johanson recently sat down with The B-Town Blog to address what they said is misleading information circulating about provisions in the draft update of the Shoreline Master Program; here are their reactions:

Non-conforming structures on shoreline property cannot be rebuilt if damaged.

Martin: “That absolutely is not the case.”

Turnout was so high at the last meeting that Tuesday night's Shoreline Master Program meet was moved to city council chambers.

Martin: “It does not do that. Period.”

Rights-of-way at the water’s edge can be taken over by the city.

Martin: “Contrary to what anyone may have heard, there is nothing in the document that gives the city new authority to take over any right-of-way.

The Planning Commission will make the final decision to approve the shoreline plan.

Martin: “That absolutely is not true. The City Council will make the final decision.”

The Planning Commission is expected to deliberate on the public comment it has received, complete its review of the document, and forward a recommendation to the City Council by the end of March.

At least one public hearing will be held by the council while it considers the plan before taking final action. Once the city has adopted its updated Shoreline Management Program, it still must be reviewed and approved by the state Department of Ecology.

Because of widespread misconceptions about provisions in the draft plan, some Planning Commission members are encouraging concerned shoreline residents to read it first, and then ask questions and address specific concerns, rather than simply reacting to rumors about what purported new regulations would do to their property.

The draft shoreline plan is available on the city’s website at http://burienwa.gov/index.aspx?NID=851.

Johanson noted that updating the city’s Shoreline Master Program is not a local option. “The state requires us to do this … over 200 jurisdictions [in Washington] are doing this.”

The state requires all cities and counties to periodically update their Shoreline Management Programs, which implement the Shoreline Management Act at the local level.

According to Ecology, local plans are based on state law and regulations, but “are tailored to the unique geographic, economic and environmental needs of each community.”

This is to improve and protect the health of Puget Sound and other waterways, improve water quality and salmon recovery, and enhance the state’s economy and tourism, Johanson added.

Information about the Shoreline Management Act and guidelines for local Shoreline Master Programs is available on Ecology’s website at http://www.ecy.wa.gov.

Burien was awarded a $117,000 state grant from Ecology for this project, which began with a comprehensive review of the current document by the Shoreline Advisory Committee. The committee then made recommendations and submitted that draft to the Planning Commission.

Martin stressed that the draft revisions give the city “no new rights or authority under its shoreline document.” This includes Lake Burien, which has no public access to its shoreline.

“The city does not have any more authority in this document to provide public access [to the lake] than at any time in the past,” he said.

Johanson said setbacks allowed in the proposed revised plan, in the event of reconstruction due to property damage, are “similar to those of other urban jurisdictions” in an attempt “to strike a balance between state objectives and the urban setting” where shorelines already are developed.

The draft plan would require a 65 foot setback from the average high water level, compared to a current setback of 20 feet along the Puget Sound shoreline. If adopted, those homes would be classified as non-conforming structures – but could be rebuilt on their existing footprint if damaged.

Johanson indicated that after the Planning Commission has finished taking public testimony, staff will compile a list of frequently asked questions together with clarifications and answers, and post this on the city’s website.

A group of concerned shoreline property owners will be holding an informational/educational meeting on the city of Burien’s Shoreline Master Program plan this Saturday, Feb. 20th at 1pm at Mick Kelly’s Irish Pub, which is located at 435 SW 152nd St. in Burien.

According to a post on the Three Tree Point Yahoo Group:

Dave Douglas, Permit Coordinator for Waterfront Construction, will share his vast experience in dealing with Shoreline Management Plans in several other communities. Dave understands the politics, what has been most helpful for other communities, how regulations are made/negotiated, and he knows the state SMA chapter and verse. His observations and advice are invaluable for us as we go through this process with Burien. Our participation in this process is critical to ensure that our rights as shoreline property owners are protected.  Space at this meeting is limited so please RSVP to this email if you plan to come so we can get an idea of attendance.

It is also important to continue to show a presence at the Planning Commission (next meeting Feb 23rd) and City Council meetings (next meeting Feb 22nd). The Planning Commission meetings are intended to be working meetings for the members of the commission to actually incorporate our suggestions into the SMP using the matrix developed by David Johansson. This matrix includes many of the comments and suggestions that we have all made at previous meetings and in writing to the city and to the Planning Commission. They understand our concern and frustration at this plan and the process, so if we are given the opportunity to make comments we need to be respectful and brief. The time will come for further participation from us, but for now the Planning Commission needs to get this thing written to include our input so we have something to respond to.

There is limited space at Mick Kelly’s, and the organizers are asking folks to please RSVP by calling Carol Jacobson at (206) 246-8700 (leave a voicemail if she doesn’t pick up).

The City of Burien is holding an Open House on its Shoreline Master Program update on Monday, Nov. 30th from 6pm to 8pm at the Burien City Hall council chambers.

The city has been awarded a grant fro the state to update its master program, and the city’s program has not been amended since incorporation in 1993. The Shoreline Master Program is a set of goals, policies and regulations managing shorelines within the city of Burien, and this forum is intended to give residents a chance to share their thoughts, concerns and ideas.

The master program specifically addresses land use and ecological functions adjacent to Lake Burien and Puget Sound.

The Burien Shoreline Advisory Committee has been considering input received at the first open house in May 2008 and has assisted in creating a new draft Shoreline Master Program. The Nov. 30th open house is an opportunity for residents to talk with members of the committee, city staff and the consultant team and learn more about the new draft program. In the near future, the new draft Shoreline Master Program will be presented to the Planning Commission for its consideration and possible recommendation to the City Council.

Here are the details:

WHAT: Community Open House Regarding Burien’s Update to its Shoreline Master Program

WHEN: Monday evening, November 30, 2009 from 6:00 – 8:00 p.m.

WHERE: Burien City Hall, Council Chambers, located at 400 SW 152nd Street, Burien, WA 98166

INFO: For more information, please contact David Johanson, City of Burien Senior Planner at (206) 248-5522

Community Open House Format:

Participants are invited to drop in anytime between 6 and 8 p.m. to talk with city staff, members of the Shoreline Advisory Committee and the consultant team. Information will be available on a number of topics, including:

• Shoreline vegetation management
• Buoys/docks/bulkheads
• Single-family construction and additions
• Shoreline restorations
• Shoreline Master Program adoption process.

The draft Shoreline Master Program will be available soon on the City website — www.burienwa.gov – and at City Hall, 400 SW 152nd Street, Suite 300. Comments on the draft should be submitted prior to the Planning Commission public hearing on Tuesday, January 12, 2010.

The Burien area is rich with gorgeous parks and beaches, so we all need to keep them clean.

MudUp is the Alliance for Puget Sound Shoreline’s public engagement campaign to show Seattle how it can pitch in to protect and clean-up our Puget Sound shorelines.

Everyone loves mud, either on your face or your boots, so get out and help keep our native muds clean…

WHAT: Seattle’s Green Festival

WHEN: Saturday, April 12, 10am-8pm and Sunday, April 13, 11am-6pm

WHERE: The Washington State Convention and Trade Center, 800 Convention Place, Seattle, WA

Stop by the MudUp booth to find out what we’re all about, pick up a sticker, and find activities for you and your family down on the shoreline. And keep your eye out for the Mud Monster!

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