![]() The island access lot is approximately 1 acre in size with a 100' shoreline. It is located in Hardwood Bay which is generally shallow with a weedy bottom and with the exception of one year-around home is uninhabited. |
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![]() The shoreline remains in its natural condition consisting of mainly cedar and pine |
![]() A fairly steep shoreline is well protected with roots and organic material |
August 2005 Thomas Dampsy's lot severance request to Renfrew County |
Application was made to the
County of Renfrew for a consent severance of an existing lot of
record. No Environmental Impact Statement was
prepared pursuant to Section
9.3(2)(e) of the County
Official Plan. What is unknown is whether the application was for a
lot addition or for the creation of a new lot. The original
application was to allow the construction of buildings up to 10% of the
lot area (0.4 Ha – 1 acre), including a septic system. The County
rejected the request for a septic system. Instead they would
permit a
garage (non-dwelling unit) and a privy (outhouse). Severance for the proposed lake right-of-way is from property owned by Albert Verch. Mr. Dampsy was able to win a successful OMB appeal in 1998 to construct a seasonal residence on Turner Island. An outdoors enthusiast, he is a member of the Ontario Private Campground Owners Association. |
September ?? County's Consent Application form sent to Township and MNR |
Land
consent
severance
process initiated by County (the County's Severance Consent form to
be posted) |
September 12 Township Council approves County's request and initiates zoning by-law amendment process |
Councillors Bob Peltzer moved,
Brian Weckworth
seconded that Council had no objections in granting approval to the
County's request for comment on the severance consent proposal and that
an appropriate Zoning
By-Law Amendment Application No. ZBA2005-4 from Rural
Marginal (RM) to Rural Marginal-Exception zone (RM-Exception zone) for
Part of Lot 30, Con. 9, former Township of Sebastopol, which would
permit the parcel of land to
be used for mainland parking for access to Turner’s Island (Dampsy),
will be forthcoming. |
Sept. 15 MNR Pembroke office gives conditional approval |
Joanna Gaweda, MNR district
planner writes
letter to County and Twp. that the MNR gives conditional approval
of the severance
consent request. Basic shoreline erosion reduction requirements
and property development conditions were outlined. The main
concern was to control phosphate run-off, no consideration was given to
other nutrients, vegetation or micro-organisms. There was no recognition for the need of an Environmental Impact Study in order to conform to County policy. |
Sept. 21 Flegal/Haycock write letter of concern to County |
The adjacent property
owner to the site of
the proposed lake
access severance express concerns to the County
in response to the County's 60 metre notification policy. No one
else around the lake was aware of the severance proposal. |
Sept. ?? County gives conditional approval of severance consent |
County planning department give
approval of severance consent request and recommends a
new lot of record; done under MNR conditions and posted (somewhere)
. Dampsy used the 20 day appeal
period to appeal. terms related to providing a site plan showing
structures, access location and docking etc. No one else that
might have been interested in the severance request was made aware of
the posting, therefore, missing the 20 appeal period. |
Sept. 26 Township Council recommends approval |
Township
Council recommends that consent application No. B140/05, for Part
of Lot 30, Con. 9, former Township of Sebastopol, which would implement
the OMB hearing decision
and permit the parcel of land to be used for mainland parking for
access to Turner’s Island (Dampsy) be approved with the following
conditions: the submission of a site plan showing where the storage
garage, parking area, boat dock and access routes would be located; the
subject land be rezoned with conditions that it be registered on title
with the property on Turner’s Island and merged as one parcel; AND
THAT: the Township, who owns the 66 ft. unopened shoreline road
allowance fronting the subject lot , will ensure that the natural
vegetation shall be retained in its natural state; AND THAT: the
Township CBO will oversee the location of the path and dock over said
shoreline road allowance. |
October 5 Township posts notification of zoning by-law amendment |
Township
Zoning by-law amendment
for property as posted in the Eganville Leader. The Notice
indicated that the amendment was a
“prerequisite” to the approval of the consent application. |
Nov. 13 Lake Clear Conservancy expresses concern to Township |
Send letter to Township describing importance of upholding the County Official Plan and the highly sensitive lake designation. |
Nov. 14 Township Council, withholds passing by-law ammendment |
Some lake property owners attend
Council meetings to express concerns. Council had
difficulty understanding the concerns of the by-law amendment. Eganville Leader's
reporting of Council meeting gave the impression that possible OMB
costs were of greater concern than the upholding the County's Official
Plan or the "highly sensitive"
designation. Council urged Dampsy and the Conservancy to work on
finding a compromise. Final passing of the zoning by-law
amendment would be made at the next Council meeting on Nov. 28 |
Nov. 21 Lake Clear Conservancy submits letter to Leader |
LCC writes letter to Eganville Leader reminding the community about the "real issues". |
Nov. 21 Lake Clear Conservancy expresses concern to MNR |
An e-mail expressing concern for the MNR's decision was sent to Joanna Gaweda, MNR Pembroke, district planner |
Nov. 24 Lake Clear Conservancy expresses concern to County |
Concerns about the consent application were expressed to Larry Cotton, Renfrew County planner. |
Nov. 25 Dampsy ignores Township Council's request to seek a compromise |
Township Council, Nov. 14,
requested that Dampsy consider working with the Township and
Conservancy to reach a compromise. This request was ignored. |
Nov. 25 MNR responds to Lake Clear Conservancy |
Since the severance is for a
non-residential lot there is no threat to the lake. No
Environmental Impact Study is necessary since potential negative
environmental impacts can be dealt with in Conditions of Approval. (MNR letter) |
Nov. 28 Township Council passes re-zoning by-law |
|
Nov. 29 LCC board reflects
|
The LCC's feels people who are
truly concerned about protecting the ecological integrity of Lake Clear
and its watershed have been betrayed by the Township, County, the MOE
and MNR to uphold the principles and policies outlined in the County
Plan and the MNR "sensitive lake" document. A County Plan is supposed to afford some lake protection. It is worth remembering that the Ministers Modifications to the County's Official Plan in 2002 were necessary because the County had failed to include basic Policies from the Provincial Policy Statement, such as those related to Natural Hazards such as Floodplain Policies in Section 2 of the Official Plan (General Development Policies). A recent statement by MNR Minister David Ramsay continues to express concern for the future well-being of Ontario's trout lakes:
The LCC is a Land Trust with obvious environmental interests but with no mandate to appeal the decisions creating the new lot. |
Dec. 19 Phil Lancaster, submits OMB appeal |
Concerned Lake Clear resident submits OMB appeal of BVT re-zoning by-law. |
Dec. 21 Eganville Leader article |
Leader alerts readers with first
page headline BV
ratepayers facing a costly OMB hearing. |
Jan. 2006 New lake group Friends of Lake Clear |
Friends... to advocate on behalf
of the lake is organized to launch a judicial review of County
planning process and appeal Township by-law amendment. |
May 17, 2006 Friends of Lake Clear initiate OMB Appeal |
Appeal of BVT re-zoning of Dampsy property to Rural to permit the construction of a parking area for up to four cars, the construction of a storage building and pit privy, and the construction of boat docking and launching facilities. |
August. 1, 2006 |
3 day OMB appeal began |
August 29, 2006 OMB delivers Partial Order |
OMB
Partial Order |
Sept.13, 2006 Eganville Leader article |
Leader article reports on OMB
ruling Final
decision pending from OMB on Lake Clear development |
Feb 23, 2007 BVT requests MNR Site Plan approval |
BVT Planning Consultant Brian Whitehead sends Site Plan application package to MNR without contacting Appellants |
Mar. 2, 2007 BVT requests MOE Site Plan approval |
BVT Planning Consultant Brian
Whitehead sends Site Plan application package to MOE without contacting
Appellants |
April 16, 2007 Appellants contacts OMB and Ward Councillor about Site Plan |
Appellant's e-mail reflects rumour that he is being left out of the consultation process as outlined in the Partial Order, namely, "The Board requests that when the real site plan and accompanying documentation and analysis required to complete outstanding matters is received, that the Appellants, MOE and MNR be notified, and given the opportunity to review same. The Appellants should be given the opportunity to address Council when it is deliberating." |
June 13, 2007 Appellants receive Site Plan |
BVT disregarded the direction
given by Member Jackson as noted on Page 9 of the Decision: "The Board requests that when the real
site plan and accompanying documentation and analysis required to
complete outstanding matters is received, that the Appellants, MOE and
MNR be notified, and given the opportunity to review same."
Rather than receiving the package at the same time as MNR and MOE the Appellants feel they were asked for comment after BVT had successfully negotiated their interests with the two Ministries. |
June 20, 2007 MNR responds to Appellant's information request |
Pembroke District Manager, Paul Moreau clarifies MNR's role in the severance application to Ted Cooper |
June 29, 2007 BVT sends Appellant an engineer report on site plan |
Engineer
Report indicates stormwater runoff from boat launch and access
poses no threat to lake water quality |
July 3, 2007 BVT and Appellants meet as instructed in the OMB report |
Appellants express concern for
nutrient stormwater and Spring runoff into the lake as a result of a
proposed 30' wide, steep sloped (25% gradient) vehicle launch
ramp. BVT agrees to seek the opinion of an independent
engineering consultant on the Appellant's concerns. |
July 10, 2007 MOE responds to Appellant's information request |
MOE planner, Alida Mitton in the Kingston Regional office, clarifies how she handled the site plan request from BVT |
August 7, 2007 BVT and Appellants conclude the July 3 meeting |
Independent engineering consultant (Golder and Associates) recommended acceptance of the proposed site plan providing there is no shoreline parking and that a more explicit implementation plan be made. Appellants sought assurance that the speed and volume of runoff was accurate |
BVT's
role has been:
to bring both parties together
to defend the appropriateness of the lot
to abide by OMB ruling to allow appellants to comment on the site plan
seek the opinion of a neutral observor
to trivialize the impact of stormwater runoff on the lake
pass a motion to amend the by-law to allow the creation of a new lot
Significance
- win-win, compromise, practical, common sense are expressions used by
BVT that expressed expediency rather than environmental interests
- contrary to the OP a lot was created by Consent rather than through
an Amendment
- re-engineering of shoreline is contrary to OMB statement that the
solution should not be less than what was imposed on Turner Island
- BVT defended the proponent
The Township and County look after our roads and have responsibility
for guiding development of private property through community input,
Official Plans and Zoning by-laws, but who manages the lake?
Certainly the MNR and MOE have a responsibility, so does Bonnechere
Power who have use of the lake as a reservoir but how does the
community have meaningful input when it comes to questions affecting
water and lake ecology?
The LCPOA has been watching with interest over the past year an OMB appeal that is examining the adequacy of the approval process of the County, Township and MNR involving proposed development in Hardwood Bay. Because of the timing of the Township By-law – in December when there are the fewest number of people around the lake, there was little time or notice for concerned property owners to get organized.
As a result, the OMB Appeal had to be initiated by a couple of individuals, rather than as a group, which would have been the preferred way to proceed with the Appeal. While many may question the value of proceeding with the Appeal over concerns about the impact of proposed development on one more lot on Lake Clear, the real issue is the apparent failure of the Township, County, MNR and MOE to adhere to the Policies in the Official Plan that are there to protect the lake for present and future generations.
At the hearing the MOE acknowledged that the lake was approaching a critical point in being able to accept additional phosphorus. The OMB Member - and even the Township’s lawyer - “disassociated” themselves from the plan approved by the Township in support of the Zoning Bylaw Amendment because it was nothing more than a hand sketch on a rough piece of paper. Is that the level of effort that should be acceptable to allow development on Lake Clear, a Highly Sensitive Lake?
One of the fundamental outcomes from the Hearing was the requirement of the proponent to prepare a proper Site Plan, and an opportunity provided to the Appellants to have equal opportunity in reviewing and commenting on the Site Plan, as the MOE and MNR. As it turns out, the Appellants have recently learned that they were not included in this review process as was required by the OMB Member. The next step in the process is for comments to be made on the Site Plan at Committee, before Council votes on the Site Plan. Before the Site Plan process is finalized, the matter must return to the OMB Member for final approval, and Appeal periods on matters of law to Divisional Court must be expired.
While there have been only two named Appellants, they represent the interests of many around the lake – and their future generations. Costs of the Appeal have been mounting, and there is a genuine need for financial assistance to see this matter through to its proper conclusion. If you are able to help with a financial contribution, please contact _______
For
additional background on planning issues affecting the lake and the OMB
appeal refer to http://www.lakeclear.org/lcpoa/planning.html