Feature Article November 20. 2002
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20 Garrison Lake Condominium ProposalA saga that began over 20 years ago came back to a Central Frontenac Council meeting last week when the Garrison Shores Condominium Application was presented at a public meeting.
Twenty years ago a company by the name of Ontario Homestead Lands sold 100 circular lots on a 112 acre parcel of land around Garrison Lake, just south of Highway 7 at Arden. The lots were acre in size, leaving an 87 acre parcel of land as common property to be managed by the owners of the lots. A few years after the lots had been occupied, the landowners were informed by the then Kennebec Council that the deeds to their properties were not legal since the lots were so small, and the situation has been in limbo ever since.
The landowners were also informed by the Ministry of the Environment that they would never approve 100 building lots on the site, and only 61 could ever be built. At that time around 50 residents had been established, and those 50 purchased back the remaining lots.
Eventually, the Garrison Shores Property Owners Association, as they became, launched a law suit against all the companies and governments responsible for the whole mess. However, after 20 years, the property owners still dont have deeds to their lots, and they cannot sell if they want to.
Now, the Garrison Shores Property Owners Association has come forward to council with a proposal under the Condominium Act to form a vacant land condominium, in order to resolve matters of ownership, on-site servicing and other planning related matters, according to the planning report prepared for last weeks council meeting on this matter by Glenn Tunnock.
Garrison Lake resident Jeff Dubois is opposed to the condominium proposal as it stands, because it would legalise 17 new lakefront lots which were created in 1998 by a surveyor working for the Garrison Shores Property Owners Association. The surveyor extended 17 of the existing 51 properties to the lake, changing commonly owned buffer land into private lots. The condominium proposal also attempts to cut the buffer zone around the lake to 8 metres from the 15 metre limit that has existed.
While no new dwellings have been built on the newly created lots, according to Dubois there has been some clear cutting on these lots, and at least three private docks have been built (since 1980, a common dock has existed for Association members).
Garrison Lake is small. It only shows up as an unnamed dot on most maps. It also has, according to Dubois, who made a presentation before council, a relatively unspoiled shorefront. There are only five other properties on the lake, according to Dubois, aside from the Garrison Shores group.
Dubois told the News, I am in favour of a condominium. But my position is that there never were any lakefront lots at Garrison Lake and there never should be any lakefront lots.
Glenn Tunnocks planning report recommended that the 8 metre buffer proposal be changed from 8 m to 15m. Tunnocks report then makes the following proposal, No owner shall construct any building or structure within the Buffer Zone without the written consent of the Board [of Directors of the Association] or the approval of the municipality.
When interviewed after the meeting, Tunnock said that because of concerns expressed at the meeting, he would be changing the wording of his recommendations, He said the new wording would eliminate any potential threat to the 15 metre buffer zone around the lake, and he would present the change at next weeks council meeting.
While Dubois was pleased to hear this, he still feels the 17 waterfront lots should not be legally established. He has the support of the Quinte Region Conservation Authority on this point. In a letter dated October 11, Byron Keene, a water resources engineer with the authority wrote, Subdividing the shoreline will increase the proliferation of private docks and boat launches, necessitating the removal of well-established vegetation. This vegetation acts as a natural buffer, enhancing the lake water quality and providing links between the shoreline and upland habitats.
Dubois is a minority voice among Garrison Shore Property Owners. Association President Dick Pringle told Council that Dubois is the only one opposing the condominium proposal, but Dubois says he does have allies within the association.
The matter will be taken up by Central Frontenac Council at their meeting next Tuesday, and by the Frontenac Management Board (FMB), who will have 90 days to rule on the condominium proposal.
