Citizens group wraps up UARB hearing
A Sydney lawyer says opponents of an RV park and campground made their case known prior to a decision by Cape Breton Regional Municipality.
CBRM council voted to amend a land-use bylaw to allow a private developer to proceed on a project that could bring 211 serviced campsites on a piece of land in Big Pond.
The area in question extends to the shore of a pond known as Lochmore Harbour.
A citizens group which is appealing the amendment to the province’s Utility and Review Board wrapped its case on Friday.
“It’s been a pretty long hearing and I think for the residents it’s emotional,” said lawyer Chris Conohan, who spoke on behalf of campground developer Chris Skidmore.
“I certainly understand their personal subjective views on their land, and the enjoyment of their land, and the position they take — they’re just unfortunately wrong on the law.”
Throughout the case, Conohan repeatedly asked opposition witnesses whether their concerns were brought to the CBRM’s attention.
“It’s a fair assessment to suggest that we believe that the arguments that they’re raising here at the UARB — to the extent that they’re raising them now — they had an opportunity to raise them both with the planning department and with their councillors and with the mayor.”
Skidmore does not yet own the land in question but holds an option to develop. His lawyer said although there have been some renderings shown to the public, the final design including its waterpark is not yet etched in stone.
The Utility and Review Board will decide whether an amendment to allow the Ceilidh on the Lakes project meets the overall intent of the CBRM’s Municipal Planning Strategy.
On Friday, municipal planner
Karen Neville was crossexamined about her testimony. She told the hearing that CBRM bylaws do not include definitions regarding short-term occupancy or a buffering in relation to noise and visual disturbances.
Neville said she also did not consider a “cumulative generation of noise” in relation to the
project and its amenities such as a proposed swimming pool and amphitheatre. Instead she said noise disturbances are handled by a separate municipal bylaw.
Several residents testified Friday that the area Skidmore is seeking to develop is laden with mud and eel grass. They also said they were baffled by council’s
approval without proof of financial commitment to the endeavor.
Big Pond resident Helen Doherty said she was shocked that someone was proposing a waterpark project in the area.
“I’m sure Mr. Skidmore chose this location because of the frontage and because it had water access, but I really can’t believe that if he ever put his foot in the water that he would have chosen this location,” she said.
Doherty said she often meditates in her boat near her Big Pond property.
“The increased activity and the sound — the night sky not being dark — all of this will affect the reasonable enjoyment of my property negatively,” she said.
Mike Britten, a neighbour of Doherty’s on Concert Lane, said he lives 500 metres away from the proposed site.
“I’m not convinced that the test for reasonable protection and mitigation measures met the overall intent of the (Municipal Planning Strategy),” said Britten.
There is no date set for the hearing to resume with further testimony from Neville, who had prior commitments and could not attend Friday’s afternoon proceedings. It not yet clear if the CBRM will call any other witnesses in relation to the matter. Both sides are expected to file written submissions to the board before a decision is rendered.