LWRA.limericklake.com

[Chris Offshack]

Everyone -
Below is the latest update from Linda Sheppard, president of L.W.R.A. regarding the Backlot Development. This will be in the new Newsletter coming out late June 2005.

If anyone has any discussion or questions - please reply to this post.

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June 17, 2005

Dear Cottagers,

First, welcome to the summer of 2005 and may it be an improvement on 2004. While we can’t predict the weather, we can say with certainty that LWRA’s fight at the OMB will be continuing during the summer and into the fall. As you read in our fund-raising letter, we were very fortunate to be able to retain John Sewell, former mayor of Toronto, as our agent for the OMB hearings and he has been working very hard for us over the past several months. He is now representing Limerick Township as well so we are able to work jointly with the township to oppose the developer’s application to add 53 more lots to Limerick Estates, 29 of which are within 300 metres of the shore of Limerick Lake. (These are lots we should note that he willingly gave up in 1999.)

Before proceeding further with my OMB report, while your executive may seem interested in only one thing at the moment, I want to reassure you that all our normal summer activities will be going on as usual – our annual general meeting with a special presentation on lake trout will be on Sat., July 2nd, our annual barbecue on Sat., July 30th, water testing, the loon survey etc. If you have any concerns, suggestions, or questions, please get in touch with any of the executive as we would be happy to speak with you about your concerns.

OMB - Update
· March 3 and 10 (telephone) 2005 – OMB prehearing to decide on issues and procedure for rehearing; decision was to split the hearing into two parts – two weeks in June to argue the science and technology issues around phosphorus and septic matters; two weeks in October to argue planning and environment issues like stormwater management.
· May 12 – a hearing in Toronto to argue the developer’s application for a 12-month extension of his draft approval for his 88-lot subdivision; we and the Ministry of Municipal Affairs and Housing opposed the application but on June 7th, the OMB granted Trident a 6-month extension after the conclusion of the OMB hearings on the deleted lots.
· LWRA (now with the township) hired an expert witness, a hydrogeologist, Rick McGregor, to give evidence at the hearing on the science and new technology issues; Rick has been most helpful to John Sewell to date in explaining some of the science data in the witness statements of the experts from the Ministry and the Trident; we have also submitted a witness statement from Councillor Dave Golem on the long-term implications for the township of the proposed new lots.
· June 9 – Bob Mofford and Reeve Wayne Longmuir attended a meeting of the Planning Committee of Hastings County to request that the Trident application for approval of a Common Elements Condominium Corporation for 141 lots be deferred until after a decision on Trident’s application at the OMB; we were pleased that this request was granted by the Committee although we have to say that Trident didn’t oppose the deferral. (A Common Elements Condo Corporation would hold things like roads, recreation areas, and other vacant land in the development area.)

Recent Important OMB Developments
This brings us to June 15, when we again attended a hearing in Belleville. But, significant developments changed the whole focus of the hearing. Until Friday, June 10th, we had been preparing for two weeks of testimony on the science and technology issues related to the application for the 53 lots. Then, on Friday, we learned that Trident and the Ministry (MAH) had been meeting and negotiating the terms of a settlement. They had not worked out all the details but the bare bones had them agreeing to 29 lots within the 300 metre setback of Limerick Lake and the installation of the new technology Phosphex septic units on these lots. These systems are supposed to reduce the level of phosphorus to a point where it will not harm the lake or the lake trout – at least that is what is claimed although, to our knowledge, there is very limited or no data to support this claim on a long-term basis. As you would expect, these systems are quite expensive to install and monitor.

We were shocked to learn of this development and surprised at the actions of the Ministry which seemed inconsistent with what they had been saying, especially in their witness statements. Trident and the Ministry in fact came to the hearing on the 15th but only to ask for a further adjournment until Sept. so they could work further on their deal.

We were of course very, very concerned about this development. In the end, we supported the adjournment request with conditions but made the point that neither we nor the township supported a negotiated settlement because as John Sewell said: Trident had not honoured the settlement it agreed to in 1999, and we think the issues are too large and significant to be handled in a settlement such as that being contemplated. Sewell said we wanted adjudication on the science evidence. We believe that the decisions on this application will have implications that are province-wide.

Fortunately for us, OMB Member Culham said he thought it was necessary for the Board to hear scientific evidence on these matters – he was quite insistent on this -- even if there is a proposed settlement. He said he had read a number of the witness statements, and referred to some filed by the Ministry, and those filed by Rick McGregor (the Association’s expert witness) and by Dave Golem, Limerick councillor. He indicated he had a substantial interest in water issues. He was concerned that the way the scientists resolved their differences had to be part of the hearing record and his judgment.

Member Culham understood that a settlement which involves development within the 300m setback from Limerick, an at-capacity cold water lake-trout lake, may provoke interest from other outside groups and organizations, and seemed to understand the necessity for the proposed settlement to be public and available before the Board considered its merits. He offered to schedule hearings on several evenings if this were needed to allow interested parties to speak on these issues. He suggested that the Association and/or the Township submit the names and addresses of such organizations as quickly as possible to the Board. When we indicated that we didn’t really know what this might entail at this point, and it may take several weeks to get a list of interested parties, he indicated that he wanted to have those names by the September 8 hearing. It was agreed the Board will meet on September 8, at 10 am in the Ramada Inn, Belleville, to settle procedural matters but the main hearings will take place as originally scheduled in October.

In informal conversation following the proceedings, we and the township agreed we should draft letters to be sent to all of those we think would have an interest in the proposed settlement – other municipalities, the Association of Municipalities of Ontario, cottage associations, environmental groups and the media. John Sewell will draft the letters and we’ll try to compile the lists of who they will be sent to.

In terms of other meetings, the next big challenge is the County Planning Committee on July 14 regarding Trident’s application for an Official Plan amendment to the Hastings County Official Plan to allow them to build within the 300 meter setback.

In closing, what the hearing on June 15th did for us, we think, is give us an opening to put our case to the Board even though a proposed settlement will be put forward. As well, it will allow us to bring as much outside pressure as we can organize for the October hearings to support our opposition to the terms of the settlement. At this point, we plan to contact people and groups who we believe will be very concerned that the Ministry is willing to put our lake trout fishery in danger by allowing significant development within the 300 metre setback of Limerick Lake and the installation of new and largely untested septic technology.

Lastly, on behalf of the LWRA Board of Directors, I want to thank all those who have so generously made donations so that we can carry on our fight to keep our waterways clean and healthy. The OMB will definitely be on our agenda at our AGM so if you want more information or have some ideas about groups to contact for the October hearing, please come out to the meeting. Alternatively, feel free to get in touch with me or any member of the executive at any time.

Linda Sheppard, Pres.

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