The Lucknow Sentinel, 1994-08-10, Page 3Agents for parties outline
'from page 1
a pre -nearing conference was to
ensure that the full OMB hearing
runs smoothly, determine who is
opposed to the application and what.
the issues are.
Presentations
Joe Kelly, legal counsel for Harry
Donegan (Donegan Haulage), said
there were two issues he would deal
with: Donegan's application to the
board to enact a zoning bylaw by
the township to rezone the lands in
question, and the extractive
element.
He revealed the names of the
companies and experts he would be
calling at a full hearing to support
Donegan's application for rezoning
and a pit licence.
Kelly talked about the zoning
issue as being primary and referred
to the matter of necessity as clic,
tated by the market place. Other
areas that would be addressed at a
full hearing were: matters relating
to the haul routes if the pit licence
is approved; the capacity of Conc.
6, the "municipal highway" upon
which the property is situated; the
effect on roads, noise, wetlands,
school busses, hours of operation,
and hectares available in the
township for extraction.
Summing up, Kelly estimated he
could "Wind up my client's side of
the issue in 21/2 days."
George Magwood is counsel for
the municipality of Kinloss
Township. He expressed council's
position in not favoring the ap-
plication for rezoning.
.Magwood cited the, issues as
being: the necessity of a pit or at
least the prematurity -of another one
and its adverse impact to the
municipality. He said•the pit is not
required by Donegan for his
operation.
He too touched upon transpor-
tation and environmental issues.
Magwood said he would not be
calling any expert witnesses on
behalf ofhis client; their case
would be presented from within
their "own forces."
Nejeeb Hassan is legal counsel
for David and Mary Ford, owners
of wetland property .'immediately
east of -the subject lands.
. Notwithstanding Schedule 'A' of
the official plan, Hassan said the
application does not conform to the
impact on agriculture, surface water
drainage, environmentally protected
..veUands, land uses tag. rec. and
environmental). He too touched on
traffic routing and flow; the issue of
market need and the prematurity of
another pit.
Cord Fletcher acted as spokesman
for a 75 -member group of opposed
ratepayers.
He said most of their case would.
be in rebuttal of Donegan's witnes-
ses.
Issues concerning the group are
the cutting down of 52,000 im#
mature trees; errors in Donegan's
application; errors in the original
planning report; the hauling route;
school busses and noise.
Yao questioned Fletcher about his
feelings on everything (rezoning
and pit licence) being heard at once
in front of . the same person.
Fletcher said he thought the
rezoning should be dealt with first.
"If turned down, licensing is not an
issue."
"But from the board's point of
view, the best strategy is to hold
one hearing. Everything gets dis-
cussed. You get one swing: A great
deal of money would be saved for
everyone."
Yao said the issues are the same,
whether•talked about in zoning or
'the aggregate application.
Scott Wilson, Aggregate Resour-
ces Officer With MNR Owen Sound
talked about the various studies
requested from .Donegan in support
of the pit licence application. To
date, a final report under Section 9
of the Aggregate Resources Act is
complete; a preliminary noise im-
pact study has been submitted, and
it, may be a final report after being
reviewed by the MNR and Ministry
of 'Environment and Energy; the
environmental impact and
hydrogeologica l reports have not
been written.
Bruce County planner Ron David-
son spoke briefly on Schedule 'A'
of the Bruce County South Official
Plan, where the subject property is
designated extractive. He said he
was not the author of that report,
who perhaps `jumped the gun", and
that that person is no. longer with
the planning department. Davidson
said there is a need for an environ-
mental impact study, and pointed
out that a lesser amount of land
could be rezoned to M-2 (extra-
ctive).
How Has Your Community Changed
In The Last 10-20 Years? .
What Will It Be Like In The Next 10 _ .20 Years?
What Are The Important Considerations
ForThe Future?
You Are Invited To Attend
COUNTY OF BRUCE •
PUBLIC MEETING
TUESDAY, AUGUST 23, 1994 at 10:30 a.m.
in the
ARRAN-TARA FIREHALL, YONGE STREET, TARA.
The County of Bruce is -,.currently preparing a new 'Official
Plan' which will affect the future direction of the County and
all of the local communities. The Official Plan will help
determine where people live, where businesses locate and
how our land and resources are managed. Either directly
or indirectly it will effect many aspects ,of our lives. The
County recognizes the 'importance of community involve-
ment in this project and is holding a Public Meeting to
present Draft Goals & Objectives and. to get your comments
and ideas. • .
Communities throughout Bruce County have changed in the
last 10 - 20 years.For example the total population of the
County increased by about 40%.Your community and others
will continue to change over the next 10 - 20 years. What
do you want your community to be like? What should be
the most important consideration for the future - is it the
environment, the economy, or are there others?
Your comments and ideas are. important. Call the County
Planning Offices (Walkerton 519-.881-1782 or Wicrton
519-534-2092; long distance 1-800-268-3838). if you
have any questions or require further information.
After hearing the parties argue the
issue as to disclosure of studies to
each other, Yao ruled that Kelly
was to provide a copy of .the Report
Sound Impact Analysis, and copies
of final reports on environmental
impact and groundwater studies,
when completed, to the ' other
agents.
Yao said he would pencil in time
in April 'for the full hearing, "but
before then another pre -hearing
conference will be held in Decem-
l.ucknow Sentinel. Wednesday, August 10. 1994 - Page 3
cases
ber, at which time we will see if
the environmental impact and
groundwater reports are available.
He estimated the full hearing
could take five days.
"In December we will see where
we are; the time reserved in April
could 'well disappear. Don't feel
that in December you will be ar-
guing; perhaps some issues will be
• resolved; perhaps some new ones
will appear.
BUSINESS DIFFICULTIES?
MONEY PROBLEMS?
ACCOUNT OVERDRAWN?
BEHIND IN YOUR PAYMENTS?
FOR FREE CONSULTATION
Call
PAUL. J. PICKERING
TRUSTEE IN BANKRUPTCY
AND FINANCIAL CONSULTING
J. Paul Aitken, Manager
3 RATTENI3U12Y ST. E., CLINTON
(519) 482-1241
or Toll Free
1-800-561-7451
Head Office
111 Waterloo Street, London
672-2494
Announcement
A "frozen" Marilyn Carruthers gives teammate Dave Black a
good luck kiss as he sets out on the 45 km loop bike ride, the
second event of the Third Annual Goderich Triathlon, held at
the Cove last Sunday. Marilyn was one of those swimming in 62
degree water. (Pat Livingston photo)
David Young
City Insurance
is• pleased to announce the
appointment of David You'ng as
Account Executive in , our,
Kincardine office.
Dave comes to us with ten -years
experience .as a Registered rnsur- .
ance Broker He is 'currently study
!ng for irriernOershio as an
Associate of the Insurance Institute
of Canada and nes Canadian
Accredited Insurance Brokers
Diploma.'
• Dave will. Oe "anailing ail
Commercial Accounts, as well as
all '.New • Business nciu;+�ng
Personal sires
Feel free 'to contact Dave 'with any
questions Or concerns you may
•have Thank you. -
• 396-9513 or
- 1-800-565-5832 •
•
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703 Queers Street, Kincardine
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