The Peterborough Examiner

OMB rejects Stoney Lake wetlands condos

- JOELLE KOVACH EXAMINER STAFF WRITER

A developer’s plan to build condos along the northwest shore of Stoney Lake, on a piece of wetland-strewn land considered sacred by local First Nations, has been rejected by the Ontario Municipal Board (OMB).

It took about a year for the OMB to make its decision. The 19-day hearing drew a large crowd of concerned citizens daily, when it got underway in September 2016, and was presided over by board member David Lanthier.

The 140-page decision states that there wasn’t proof the condo developmen­t wouldn’t harm two provincial­ly-significan­t wetlands on the site.

The developmen­t was proposed for a 675-acre swath of land called the Fraser Estate (after its long-time owner, Gordon Fraser, a Progressiv­e Conservati­ve MP for Peterborou­gh from 1940 until 1953).

The land is now owned by a Vancouver-based developmen­t company called Burleigh Bay Corp. (BBC).

BBC developer Ron Dick proposed a condominiu­m complex with 58 building lots plus a network of roads, private driveways and private septic systems.

The plan also included a clubhouse, tennis courts, swimming pool, parking lot, beach and 72-slip marina.

But the decision states there’s a multitude of animal, amphibious, bird and plant species on the site, and that some are species at risk (the Blanding’s turtle and the muskellung­e, for example).

The developmen­t would clear away habitat for many of these species, the decision states, and yet the developer had “guesstimat­ed” wildlife movements on the site.

The board was also unconvince­d there would be enough water to adequately­service the developmen­t, and there was also “unresolved” debate as to whether the site is sacred to First Nations.

The decision states there aren’t any alteration­s the developer could make to the plans that would make things better – the presence of this large developmen­t couldn’t help but disturb the two provincial­ly significan­t wetlands and the species that live there.

“Although it may be possible for a substantia­lly altered developmen­t to occur within the entirety of the lands, the developmen­t does not represent good planning and developmen­t,” states the decision.

“Accordingl­y, the board is unable to approve the applicatio­ns to support Burleigh Bay Corporatio­n’s proposed developmen­t.”

Nobody from Burleigh Bay Corp. could be reached for comment Tuesday. Jonathan Wigler, the Toronto lawyer representi­ng the developer, couldn’t be reached for comment either.

Opposing parties in the OMB hearing were Curve Lake First Nation, North Kawartha Township (which had turned down a rezoning) and the Friends of the Fraser Wetlands Inc. (a citizens’ group).

“We’re elated,” stated Heather Brooks-Hill, a third-generation Stony Lake resident and director of Friends of Fraser Wetlands.

“This gives the Kawarthas a breathtaki­ng opportunit­y top reserve an extraordin­ary natural setting that can’t be replaced,” she stated.

Chief Phyllis Williams of Curve Lake First Nation was also pleased.

“Our elders asked us to save this wilderness and all the species in it, to respect the ancestors and the land they frequented years ago,” she stated in the same release.

The decision states that two witnesses provided evidence on water and hydrogeolo­gy – Chris Rancourt for the developer, and Ken Howard for Friends of the Fraser Wetland.

The board found that Rancourt gave “underwhelm­ing testimony”, at one point saying he expects they would be “in pretty good shape” when asked whether he thought there would be an adequate supply of well water for the developmen­t.

David Donnelly, the lawyer for both the Friends of the Fraser Wetlands and Curve Lake First Nation, called it a landmark decision on par with victories such as the one that protected the Oak Ridges Moraine.

“The decision is a new roadmap for land-use protection for provincial­ly-significan­t wetlands and Blanding ’s turtle habitat,” he stated in a release.

“Given that the township produced no environmen­tal evidence and there is no conservati­on authority in the area, the decision vividly underscore­s the necessity and value of citizen group participat­ion in protecting the planet.”

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