Newmarket
August 25, 2008 04:02 PM
By: Amanda Persico, Staff Writer
Newmarket is defending its portion of the Oak Ridges Moraine.
Developer, Mademont Investment Ltd., appealed to the Ontario Municipal Board after Newmarket Council denied an application to build a residential area on the east side of Bathurst Street south of Mulock Drive, on a portion of the Oak Ridge Moraine.
Today, the town and the developer appeared before the quasi-court body.
Mademont is seeking permission to develop 448 residential units on part of 1,900 square kilometres of protected forests and creeks.
The Oak Ridges Moraine was incorporated into the official town plan in 1996.
In 2001, the Oak Ridges Moraine Conservation Plan was introduced, which protects the landscape and prevails over municipal official plans.
At the first day of a 15-day hearing, witnesses were called and questioned about the 25.6 hectares of disputed land.
The Town redefined its official plan and sought a higher level of protection for the area, which was approved by the provincial government.
“This is the frustrating part,” Dennis Ramsarran, councillor for Ward 6, where the development was proposed. he said. “We’ve taken all the necessary steps to protect these lands.”
Council voted unanimously against the development proposal.
“This is not a battle within the municipality or between municipal staff,” Mr. Ramsarran said. “It’s up to the province, now.”
The board is a body higher than the municipalities.
With powers similar to a court, the battle between the town and developer is scheduled for 15 days of witnesses and testimony from both sides, said Esther Armchuk-Ball, assistant solicitor for the town.
The first phase of the hearing deals with Newmarket’s Official Plan, to determine if development is allowed and the plan amended.
Phase 1 of the hearing will take about 15 days during which time issues such as water flow, water systems and development impact on the landwill be discussed.
“If the (Official Plan) test does not satisfy the board, then we go home,” he said.
The second phase deals with the specific requirements of development, if the Official Plan is amended to accommodate development on the disputed property.
“The voice of the citizens matter,” Mr. Ramsarran said. “The louder the voice, the stronger the case.”
Sept. 9, residents will have the opportunity to express concerns about the proposed development before the board.