Music Night raises funds for Hartington development hearing

Craig Bakay | Apr 06, 2017

It was billed as a ‘Music Night’ featuring Chris Brown, Luther Wright and Sarah McDermott along with local bands After the News and Goldwing and it was indeed a fundraiser for the Hartington Community Association to hire expert witnesses when it goes to the Ontario Municipal Board (OMB) to oppose a planned subdivision development on Boyce Road in Hartington.

But, there was also a feeling that this could become, in the words of one of the lawyers representing the Association “a landmark case.”

Developer Terry Grant’s original proposal was for 47 new homes but that was later revised to 13. After a series of frustrations at both the Township and County levels (primarily not having the matter considered within the required six months), Grant decided to take the matter to the OMB (hearing scheduled to begin May 8), whose decision will be final.

Area residents, including association spokesperson Michelle Foxton, expressed concerns about wells going dry, as well as hydrocarbon contamination from a nearby former gas station and last November, the case caught the attention of the Canadian Environmental Law Association (CELA), legal aid clinic (among other things) that has been involved in a number of high-profile cases including the Richmond Landfill, the Walkerton Inquiry and the OMYA – Tay River Appeal.

“This is an important case from the public’s standpoint,” said CELA Counsel Richard Lindgren. “It could set precedents.

“We’re concerned that putting in a new subdivision could affect wells and there’s an interesting extra in the petroleum contaminant concern.”

Lindgren said the case met CELA’s criteria (they only accept about five cases per year) and “I’m pretty happy with the expert evidence we’re gathering.”

And that expert evidence is what the fundraiser is about.

While CELA isn’t charging for its services, expert testimony isn’t free.

“We need a hydro-geologist, a land use planner and a professional engineer,” Lindgren said.

And that’s where the fundraising comes in, so, they called up some musicians.

“Wade Leonard and Jamie McCullough knew I played,” said After the News’ Lee Casement. “Rounding up seven musicians isn’t that easy (but) we’re just trying to help out.”

Casement lives in nearby Verona and drummer Tim Forbes lives in Hartington.

There were also silent auction contributions from businesses and residents as well as the Smoking Carnivore food truck and Kingston Brew Pub bar.

Foxton said they added memberships to the 150 or so already in the association and not all of them are area residents.

“This is not just an isolated issue,” she said. “We’re getting interest from a broader area.

“And there’s no use cleaning up our messes after the fact.”

“This is a good fight,” said Lindgren. “It’s a good example of thinking globally and acting locally.

“People are concerned about site-specific impacts on groundwater.”