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A lot of people who live in rural areas value their privacy. For those living on lakes, privacy is hard to come by. That view of the water brings a view of other people with it. There are next door neighbours, across the bay neighbours, and boaters and fishers buzzing along the lake whenever they want to.
The attitude of lakefront property owners, and this is played out in planning applications throughout Frontenac County all the time, is basically “last one in bar the door”.

This is not irrational, it is not wrongheaded of people. It is in fact clear-headed. The moment someone buys a piece of waterfront property, whatever they see and hear when they walk out their door on the first sunny morning, is exactly what they have purchased and what they expect to enjoy. Any change is not in their interest.

Now, being realists people know they can not oppose others from buying and selling property and building according to a set of rules that are reasonable for all. One new cottage on a legally constituted lot on a lake, built according to zoning bylaw standards, will not ruin a lake, but a hundred built in a poorly designed subdivision or land use condominium just might.

The role of local township officials is to work with developers in order to make sure that before any proposal that makes it to the stage where it will face public scrutiny it is in a state where a path forward for approving it is there. There may be further changes required, there may be further studies to be done, but everything should be clear, both to the developer and to the public. And there are lots of complicating factors when it comes to balancing out environmental interests for clean water and a robust, diverse watershed with development pressures.

A couple of weeks ago, proponents of a plan of condominium on Loughborough Lake in South Frontenac found out that their proposal, which has been in the works for at least a couple of years, has been put on hold. The reason is that the township planners took a boat ride near the shoreline where the new development was to be located and measured the depth of the water, finding that it is a shallow water body and different rules will have to apply.

Over in North Frontenac the impact of a spawning bed, as well as a shallow shoreline, will surely be felt by proponents of a plan of subdivision on Ardoch Lake. In the case of Ardoch Lake there is an organized opposition to the development, willing to fund their own studies.
The system for evaluating these proposals, is becoming, at least in theory, more consistent and transparent. Township and county planning staff need to work together in a co-ordincated way because township zoning and site plans as well as county planning approvals are always required in every case.

The decision to form a county planning committee, and to include each of the township Mayor’s on that committee, is already beginning to pay off because the committee has political authority. This is in our collective interest because although some of us are lukewarm at best to the idea of development, we cannot thrive as communities without growth. South Frontenac just lost their new manager of development services after 6 months, just when the impact of that position was starting to be felt, which is unfortunate but progress has been made and that should continue.

When it comes down to it, we are all NIMBY’s and why shouldn’t we be.

We all enjoy our properties the way they are. The political system is all about mediating between the NIMBY impulse and a need for growth and the need to be a fair jurisdiction for investment even if there are stringent rules to follow. We also must ensure that environmental regulations are in place both at the time when planning is taking place, and through enforcement later on.

It will never be simple or easy in rural areas and particular on the water but it can be a fair process, although it takes time for the process to be followed and provincial regulations need to be changed to reflect that.
There will always be winners and losers in any planning process on the water. There will be anger and controversy along the way. The trick is to allow for development and protect the lakes and the life that they support in their waters and on their shorelines.

Published in Editorials
Wednesday, 13 September 2017 21:25

Development on hold because of shallow water

South Frontenac Council report from September 5

(note – the following article was prepared on September 5, and would normally have been published on September 7, but as the result of Labour Day and staff holidays it was not published until today.

South Frontenac Council met again as a Committee of the Whole on September 12. Our report on that meeting can be found on page 3) Council’s agenda indicated that Forbes Symon, Manager of Development Services, would be presenting a list of Township conditions of draft plan approval for the Shield Shores draft plan of condominium on Loughborough Lake. (One of the controversial issues has been the developer’s proposal to put right-of-ways across waterfront lots in order to provide water access to back-lots.) However, Symon said that he was recommending the report be deferred, because of late breaking news; “I apologize for the lateness of this, but it’s significant, serious information.”

He explained that the proposed development’s proximity to a shallow waterbody had not been addressed by either the developer or the County’s planning department. On this date (Sept 5/17) Symon and Mills, the Township planner, had gone to the development waterfront by boat, and using GPS and sonar, had determined that even with the current high water on Dog Lake none of the water within 30 metres of shore was no deeper than 6’ to 10’. This means it would be defined as a shallow waterbody, and as such might require significant reconfiguration of the proposed lots to provide larger frontages. Symon said a deferral would give the developer time to address this issue. Mayor Vandewal agreed, saying it was preferable to hold off all discussion of the proposal until this current finding had been incorporated into it. He added, “Not too long ago, we were measuring water depth with an oar; sonar and GPS sounds very professional after that!” Shoreline Rehabilitation Completed Also on Loughborough Lake, a 2001 development agreement on a large property on Brittara Lane had required the property be managed so that the natural soil and vegetation would be maintained, replanted or enhanced within 30 metres of the lake.

In 2011, the Planning Department was informed that vegetation had been removed, earth disturbed and a structure constructed, all within the 30 metre setback and without any permits. After consultation with the property owner and Conservation Authority, an environmentalist was contracted (at the owner’s expense) to prepare a report outlining a remediation plan. Two years later, when the work was still not carried out, a hiding ‘h’ was placed on the lot’s zoning to prevent any further development of the property. The shoreline rehabilitation has now been judged satisfactorily accomplished, so at Forbes’ recommendation, Council removed the ‘h’ restriction, so a residence can be built. Councillor Revill asked about the paving stones still stacked near the shore; Forbes noted that his department will continue to monitor the property. Heritage Committee Proposal Council welcomed Symon’s recommendation that the Township create a Heritage Committee with the emphasis on promoting and celebrating the area’s heritage and history.

All respondents to Symon’s original surveys had been quite clear that they weren’t interested a heavy-handed committee that imposed restrictions on properties. Council will be seeking committee members who have one or more of the following skill sets: demonstrated interest in heritage conservation and an ability to work with Council; an understanding of heritage conservation approaches, knowledge of historical research, knowledge of heritage construction trades, expertise in architectural history; knowledge of land use planning, understanding of municipal procedures, and other related skills. Bedford Road Reconstruction Public Works Manager Mark Segsworth recommended accepting Bricaza Corporation’s tender bid for road reconstruction and storm drainage on Bedford Road just north of Sydenham. The bid of $1,490,941 (including HST) was lower than the other four bids by almost $200,000, Bricaza Corp. is known as a reputable contractor who has done good quality work for this and neighbouring townships over the past several years.

Work on Bedford Road has been planned for this fall and next spring, to avoid the much heavier summer traffic on this strip of road, and to take advantage of the slower construction seasons. The total project budget of $1,800,000 is being spread over two budget years. Council supported Segsworth’s decision to apply for a top-up support grant from the Ontario Infrastructure Fund, in spite of the Township’s frustrating record of having been passed over for similar funding assistance. New Deputy Treasurer Council approved Treasurer Louise Fragnito’s request for a by-law to officially recognize the hiring of Stephanie Kuca as Deputy Treasurer, to replace Suzanne Quenneville who retired at the end of July. Kuca won the position over a number of other applicants in a thorough assessment process that included skills testing and interviews by three senior staff. Outdoor Furnace By-law On Side of Caution The new Outdoor Solid Fuel Burning Appliances (OSFBA) by-law does not permit any such appliances in hamlet areas, in spite of some arguments in favour of doing so. New grades of particulate matter emission standards (PM certified) appliances are considered much cleaner-burning than most of the current operating OSFBAs, but staff recommended takinjg a more cautious approach, and council agreed.

Published in SOUTH FRONTENAC
Page 2 of 2
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