applications for private docks in Scottie Bay

I do not know Scottie Bay well. My son, Isaac, has anchored his sailboat there this winter, and maybe for longer. I am trying to make a fair and reasonable decision, as one of the three trustees that make up the Lasqueti Trust Commiittee, on the future uses of Scottie Bay.

Here is some information that I believe to be true, and I am posting it to correct some of the incorrect and misleading things that have been written, and probably said, recently.

The full application is available in the agenda package for the August 10 LTC meeting at   http://www.islandstrust.bc.ca/media/349708/la_2020-08-10_ltc_agd_pkg.pdf  The one for lot 62 (Carey) begins on page 15; the one for lot 61 (Mann) begins on page 60. The applications are very similar, but only one has already built a dock.

Both applications are proper, as our OCP says 3.7 policy 15 "Private docks may be considered on a site specific basis in the Marine General (M-2) zone. ..."

I did not want to accept the staff recommendation to proceed no further with the applications, as I feel that it is important to deal with the issues and decide whether or not to allow one or both docks.  I'll outline the issues I am aware of at the end of this posting.

From the staff report for lot 62:

REPORT SUMMARY

The Lasqueti Island Local Trust Committee (LTC) is asked to consider an application to amend the Lasqueti Island Land Use Bylaw No. 78, 2005 (LUB) to permit a private dock within the adjacent marine area of the subject property.

BACKGROUND

This application is preceded by an open Bylaw Enforcement file (LA-BE-2019.3) concerning the unpermitted construction of a dock within the marine area adjacent to the subject property, fill placement within the foreshore, and the construction of a driveway providing access to the dock. The bylaw enforcement file is being held in abeyance while the rezoning application proceeds.

...

Bylaw Enforcement

The applicants met with Islands Trust planning staff in August 2019 to discuss whether a rezoning application was necessary to construct a private dock on the subject property and neighbouring lot to the north (Lot 61), the subject of application LA-RZ-2020.2. At that time, planning staff informed the property owners that the LUB identifies specific locations on Lasqueti Island that are permitted private docks and that the two properties were not included in that list; therefore a rezoning application would be required to construct a private dock/s.

Islands Trust Bylaw Compliance & Enforcement were notified of land alteration and the construction of a dock within the adjacent foreshore and marine area of the subject property and the neighbouring property (Lot 61) in November 2019. At that time a dock had not been installed. The property owner was informed that a private dock is not permitted at this location, and a rezoning application would be required. 

Bylaw Enforcement staff requested a survey plan by a BC Land Surveyor (BCLS) to determine the extent of the fill and rock wall. Bylaw Enforcement staff were again notified in March 2020 that construction had commenced, including placement of concrete blocks in the foreshore.

Staff at the Ministry of Forests, Lands, Natural Resource Operations and Rural Development (FLNRORD) visited the site in May 2020, and verified that a dock had been constructed, along with fill placement and a rock wall that appear to be located within the foreshore. ...

...

Crown Land

OCP Policy 3.6.13 requires that the use of the Crown foreshore and water areas must be authorized by the appropriate Provincial Ministry and comply with LTC bylaws. The Lasqueti Island Local Trust Area is not within a designated Application-Only Area, and is subject to the provincial General Permission for the use of Crown land for private moorage; meaning that an application with the Province is not required, as long as long as the dock is constructed in accordance with the terms and conditions set out in the General Permission.

Staff note that under the General Permission, non-compliance with local government bylaws will make the dock ineligible for General Permission. As well, under section 3.3 of the General Permission, “No new fill may be used in the construction or maintenance of a Dock.”

From conversations with FLNRORD staff, it is staff’s understanding that the dock at this location does not qualify for General Permission, and would require an application for Crown authorization. FLNRORD staff have stated that private dock owners are not permitted to modify the foreshore, and have noted that it appears the fill placement and rock wall are within the foreshore. As noted, a survey plan completed by a BC Land Surveyor (BCLS) would be needed to determine the extent of the fill.

End of excerpts from staff report.

The Applications Status Report http://webfiles.islandstrust.bc.ca/islands/local-trust-areas/lasqueti/current-applications/Applications%20with%20Status%20Report/2020-06-22_Application%20Status%20Report.pdf   records the applications to have been received on May 1.  There has been no delay in handling this issue, though I expect that it might take a long time to decide about it, as it's complicated.

Other issues:

Scottie Bay is the most sheltered bay on or around Lasqueti, and is already overcrowded with moored and anchored boats. It is one of the few places on our foreshore that a dock is unlikely to be destroyed in a storm, especially if a log is nearby.

There is no public dock in Scottie Bay. It was taken down not long ago, I understand,  because it was rickety and dangerous and at least partly on private property. There is public access to the foreshore at the end of Scottie Bay Road, but I am told that access to the water is not easy. I think we should work toward having a public dock and float, or other way to access the bay, and the island. Possibly we can organize mooring/ancorage to maximize the number of boats that can be safely accommodated. Other problems might be solved or reduced cooperatively.

These applications are asking for an area of the foreshore to be given over to private use by the applicants, for them to build and use a dock for themselves.

I have been told that boats can not anchor in the area where the two docks would be located. I have been told that boats with no or shallow keels, or twin/bilge keels do anchor in that area.

There are water quality issues, and other environmental concerns that should be addressed, and hopefully alleviated.

I suspect that there are other issues I haven't thought of

My conclusion:

I think that the community needs to discuss and come to an understanding of what we want to happen in Scottie Bay, and what we don't want to happen there, before we limit the options. If grant the right to one or two private docks, will we permit more later? How many more?

If we get together and talk, or write and read each others points of view, we can understand others' concerns and strive to reach agreements on what is important and what sorts of things we might do, or not do together.  It isn't very helpful to simply say yes or no to these applications. We need to discuss the issues and decide together, as best we can, what's the best thing to do.

Thanks for reading all this, and for considering and sharing your concerns.   Peter