Developer anxious: ‘Can I build’ on moraine?

By: Amanda Persico

The contentious trial to determine the fate of the Oak Ridges Moraine in Newmarket has come to an end.

The Ontario Municipal Board is now charged with the task of weighing the protection of the ecologically sensitive moraine versus the right of property owners Mademont Investment Ltd. to build on the land.

“The real question is, are we allowed to build here or not,” said Chris Barnett, counsellor for Mademont.

“It’s either yes or no.”

Weeks of testimony and resident concerns spanned more than 15 days and OMB members are charged with the task of filing through all the paperwork.

The land in question, which was incorporated into the official town plan in 1996, involves 25.6 hectares of forests, bogs and creeks on the east side of Bathurst Street, south of Mulock Drive.

In 2001, the Oak Ridges Moraine Conservation Act was introduced to protect the landscape.

But the same act allowing possible development encourages adjacent municipalities, such as Newmarket, to seek a higher level of protection for the area.

The town, which unanimously turned down the proposal to build 488 townhomes, redefined its official plan and sought a higher level of protection for the area, which was approved by the province.

Mademont, however, brought in a series of witnesses who testified development of homes on the lands falls within requirements of the act.

“We were given authority by the province and the region to be more restrictive,” town assistant solicitor Esther Armchuk-Ball argued.

Mademont hammered on the fact the wording of the province’s act has loopholes allowing for some development as long as it meets strict environmental guidelines.

During the hearing, for example, Mademont introduced witnesses who spoke on the existing water system and eco-system on the disputed land.

Development would be within the scope of the act as long as water mitigation processes are put in place, such as a reservoir plan to bring water back into the Oak Ridges Moraine system.

Meanwhile, the town argued there was no justification for development.

“Where is the public benefit?” Mrs. Armchuk-Ball said. “We didn’t see any justification for it.”

The town argued on the basis the lands in question are vital to the entire moraine water system, with its unique landforms and animal habitats.

Mademont and the town brought in hydrologists and environmental consultants to argue there wouldn’t be adverse effects as a result of developing on this portion of the moraine.

At the end of the day, the OMB has the authority to amend Newmarket’s official plan and allow for development.

“If development was allowed, it would be a real low blow,” Mrs. Esther Armchuk-Ball said.

“How can the province give authority, then turn it over?”

A decision isn’t expected until winter.