Mat-Su BOAA ignores Environmental Regulations

For the past 50 years we have had an important water protection regulation in the Mat-Su Borough — the 75 foot shoreline setback for new developments. This regulation was enacted for good reason to protect our waterways from pollution.

We now have a situation, right here on a tiny island in Finger Lake where an individual purchased a recreational island property in 2019 and was fully aware that it was restricted by Shoreline Setback requirements. It is completely encumbered by the 75 foot shoreline restriction.

He built a structure 38 feet from the shoreline with no permits, ignored cease and desist initiatives by Borough Code enforcement, with the intent of seeking a variance once the structure was complete. He is now seeking a shoreline setback variance claiming that the strict application of the provisions of this title would deprive him and his family of the rights commonly enjoyed by other property owners.

The MSB Planning Commission Resolution No 21-29 clearly stated that the granting of a variance would be injurious to nearby property, waterbodies, and harmful to public welfare. The Commission provided Substantial Evidence that the development would not be compliant with ADEC regulations and MSB setback requirements for sewage disposal systems yet the BOAA claims that there was no recorded evidence in the Planning Commissions findings.

On 14 March 2022 The Board of Adjustments and Appeals (Case No 22-01) reversed a 6-0 unanimous denial of the variance request by the MSB Planning Commission.

The individual presented no plan for electrical power on the island, no certified plan for sewage, no plan to transport hazardous material through the state park, and no plan to allow the BOAA to evaluate if the granting of a variance would not be injurious to nearby property, nor harmful to the public welfare. There is no plan to pump wastewater to an open sewage pit during the winter months.

In granting the variance it was prescribed by the BOAA that the appellant:

“Submit a copy of the engineer designed above-ground graywater system and the Alaska State Department of Environmental Conservation approval of the system, to the Planning and Land Use Department prior to installation.”

The prescribed safeguard does not state “shall” install a certified sewage plan nor is it contingent upon developing a certified sewage plan.

Questions: What happens if the ADEC does not issue waivers? What if the ADEC has concerns about pollution affecting public health?

What if the individual does not ever apply for a certified sewage disposal plan?

The ADEC and the MSB have no enforcement ability. This is private property and this individual already has his variance. How has the MSB BOAA protected public welfare? They are supposed to evaluate the threat to public safety and the welfare of the environment before they issue variances on shoreline setbacks.

What is going on in this Borough?

Not one of these individuals to date has responded to this concern: ADEC Commissioner Mr. Jason W. Brune; Mr. Randy Bates ADEC Director Water Division; Mr. Mike Brown MSB Manager; Mrs. Dee McKee Assembly Member District 3

No advice, no questions. Nothing.

We need to mobilize to protect the Mat-Su Borough from this systemic culture of disregard for the environment.

There is a Reconsideration Hearing on this issue conveniently to be held on Wednesday April 20 at 10 a.m. at the MSB Assembly Chambers. Hope you can attend.