Waterloo Region Record

Developer gets OK despite nesting eagles

Panel backs Brookpoint Estates: ‘They have complete disregard for the eagles,’ says councillor

- Jeff Hicks, Record staff

CAMBRIDGE — Another pass from a winter constructi­on ban has been issued.

It’s another victory for Brookpoint Estates, a developer putting up townhouses along the Grand River for the 700-home Limerick subdivisio­n on the Kitchener edge of Preston.

Despite nesting eagles, constructi­on crews will be allowed to work during daytime hours, from 8 a.m. to 5 p.m., from Nov. 15 to March 31, thanks to an exemption granted by city planning committee in a 5-2 vote on Tuesday.

The developer is eager to finish 71 townhouses off Linden Drive so commitment­s to purchasers can be met, city staff said.

So council acquiesced to Brookpoint for the second time in a year.

“I’m extremely upset with this happening to us all over again,” Coun. Jan Liggett said. “To me, they’ve had complete disrespect for this council. They have complete disregard for the eagles.”

Yes, bald eagles live along an eight-kilometre stretch along the Grand River, from Devil’s Creek to upstream north of Highway 401. They nest in the winter months.

That’s why the ban is in place. Constructi­on noise could bother night roosting of eagles, a species deemed of “special concern” by the Ministry of Natural Resources.

Early in 2016, the same developer broke the winter ban. The city had to get a court injunction to get work stopped. Last December, council loosened the winter constructi­on rules so the developer could finish homes in time.

“They’re flagrant abusers of timelines,” said Liggett, who voted against the motion. “They know how long it takes to build a house.”

But council still approved the daytime lifting of the constructi­on ban in the area.

“The sooner we can complete this developmen­t, the better it is for everyone,” Coun. Donna Reid said.

Drawing out the constructi­on could only prolong the headaches the project has created.

“If we hold this back, this is going to extend to 2019 and 2020,” Coun. Frank Monteiro said. “We want this over and done with as quickly as possible … We can all move on. So can the eagles.”

Eagle numbers in the area are increasing, council heard. Home constructi­on, unrestrict­ed work on the Fountain Street bridge and human activity such as golfers on the Doon Valley course haven’t scared them away.

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