VALLEY NEWSLETTER #43
June 13, 2006
From Our Lawyer, Virginia MacLean
Re: V V R A - Referral Licence Application - Aggregate Resources Act, Shelter Valley Aggregates Ltd. (SVA) and Zoning Bylaw Appeal to Ontario Municipal Board (OMB)
I would like to report on the retention of experts and the pre-hearing on June 27, 2006.
Experts
Planner - Margaret Walton Landscape Margaret has the expertise. It was agreed she would be retained as the planning expert. Margaret has been given all the background materials. It will not be necessary for her to be involved until we near a hearing date.
Hydrogeologist - G. Hunter and Associates. Mr. Hunter was provided with the hydrogeological reports prepared by SVA and the peer reviews. He is qualified and experienced.
Noise Consultant - Ralph Bouwmester The noise consultant has yet to provide a written proposal. He has received SVA's Noise Reports and the peer reviews. I will forward his proposal when I receive it.
Ecologist - Ecoplans Limited. Dr. Cameron Kitchen, of Ecoplans Ltd., in Kitchener, has ecologists, biologists and an environmental planner. He would not be retained but would set up a team of experts (i.e. ecologists/biologists) at more reasonable rates. All experts are professionals so lengthy detailed contracts are not necessary.
OMB Pre-hearing
The first hearing before the OMB is a pre-hearing. It is set for June 27, 2006. As the notice indicates, the issues will be identified, the experts will be identified and the hearing time required will be ascertained. I propose to bring a motion at the pre-hearing requesting an adjournment of the hearing. The grounds for this request are:
• the environmental assessment of the haul route;
•• the appeal of the consent for the access, or, in this case, the non-decision on the consent for the access;
••• the non-response from the MOE on the hazardous waste.
Under the OMB rules, the notice of motion must be served and filed at least ten (10) days before the date for the hearing of the motion. It is my intention to have it ready and served in time.
Access Easement
The consent application is a key item. As a condition of the lifting of the Holding zone (the zoning for the gravel pit), the applicant must have an access route to the haul route from the pit approved by Council. To do this, it is necessary to create a parcel of land over which SVA would have access. The creation of a parcel requires a consent under the Planning Act. In this case, there may be planning issues on the location of the proposed haul route. A letter was sent to Council advising that there was not sufficient information in the sketch with the consent application to determine the location of the easement. It was suggested that Council request further information from the applicant. The Township Clerk determined that the Council did not require further information. The matter has now been deferred because the Lower Trent Region Conservation Authority does not know where the route is and has requested a map and a report. Council has now agreed to the deferral.
If there is no consent, that is, if it can be successfully stopped under the Planning Act, there will be no pit.
This deferral delays a decision until the next Planning Meeting, June 28. The OMB Pre-Hearing on the SVA Township Zoning Bylaw Amendment is set for 10:30 a.m. on June 27 at the Grafton Municipal Office. Our lawyer asked that Council ask for a delay. They did not agree to do this.
COMING EVENTS
Our AGM is slated for early this summer. Details to follow.
August 20, a Saturday, features our annual Poker Run. Details to follow.
Our annual Golf Tournament is September 30. The entry fee of $40.00 per golfer includes green fees and lunch. To volunteer,contact Margaret Jansen at mhjansen@eagle.ca or at 905.344.7304.
We are working on a V V R A Cookbook for Christmas, 2006. More recipes for soups and casseroles are needed. To volunteer/contribute, please contact Margaret Jansen at mhjansen@eagle.ca or at 905.344.7304. Recipe deadline is June 22/06.
MEMBERSHIP: Do you have new neighbours who may not be aware of what Valley Voices is all about? Tell them about SVA. Refer them to www.valleyvoices.ca. Encourage them to join our Association.
ART AUCTION REPORT FROM CAROL HANLEY: "The Art Auction was a great success and we should clear at least $8500. People commented on the quality and the quantity of the works, and on how beautifully everything was displayed. I even had someone tell me they were impressed with the organization of it!
Big thanks to Carol Dempsey and her team, Linda Taggart, Liz Willoughby, George Pichl, Joanne Pearson, Margaret Jansen, Susan Patterson as clerk, Walter Leudtke, and a special thanks to Lee Beech.
Thanks for the generosity of the Grafton Village Inn, Shelagh Purcell on the keyboard, auctioneer Les Brittan, and, of course, all the artists and local businesses, without whom we could not have even had an auction."
