Johnston Point – Hear that Lonesome Whip-poor-will

Jeff Green | Nov 29, 2017

Opponents of the Johnston Point 15 lot development on Loughborough Lake have not given up the fight. The development received draft approval from the Ontario Municipal Board over a year ago last spring.

That approval included a number of conditions that need to be met by the applicant, Magenta Waterfront Development Corporation, before the plan can be approved and the lots created. Among those are conditions related to endangered species at that location. Early in November, the Ontario Ministry of Natural Resources and Forestry (MNRF) posted a notice on the Environmental Bill of Rights (EBR) web site. The notice concerns a so-called “overall benefit” permit that the ministry is intending to issue regarding two species at risk that have been identified on the 36 acre parcel known as Johnston’s Point. It relates to two species, the Gray (aka Black) Ratsnake and the Blandings Turtle.

If the ministry issues the permit, it will be based on a commitment by the applicant to take measures to offset any harm that is done to the habitat with greater measures to improve the habitat, achieving an “overall benefit”.

A delegation on Tuesday Night (November 28) urged Council to support their opposition to the “Overall Benefit” permit on the grounds that two other species at risk have been identified at Johnston’s Point, bats and whip-poor-wills.

“The benefit permit completely disregards significant evidence gathered by citizens of South Frontenac regarding the presence of at least two more species: Little Brown Myotis Bats (Endangered), as well as Eastern Whip-poor-will (Species at Risk)” said Roel Vertegaal in a letter to council.

The Eastern Whip-poor-will was mentioned in the draft condominium approval from the OMB. One of the conditions was the delivery of a study concerning the presence of whip-poor-will. The opponents presented a report that they commissioned, which was prepared by Cambium Engineering, which found whip-poor-wills on the site on three sampling dates in June, 6 on one night, 16 on another, and 11 on a third.

The report also says that there is “probable breeding” within the proposed condominium area.

It also concludes: “The General Habitat Description for the Eastern Whip-poor-will states that an area extending 500 meters from the centre of defended territories is considered part of the general habitat for this species. Therefore, the entirety of the peninsula is considered Eastern Whip-poor-will habitat under the ESA [Endangered Species Act] and damaging or destroying the forested areas without appropriate authorization is prohibited.”

While the conditions for the approval of the condominium are being worked on, some of the lots that have not yet been created have been sold. As well, work has been proceeding on a road that will access those lots.

The development is also being marketed by a corporation called Boneliving, which builds what it calls “Net-Zero Energy Ready High Performance Homes” out of steel “on unique lots”.

In addition to the proposed Johnston’s Point development, Boneliving lists properties on Sweetfern Lane on Inverary Lake.

Evonne Potts, one of the opponents of the project, told the News that she is concerned about the amount of roadwork and shoreline work that has already been done at the site when the condominium approval is still pending.

Joe Gallivan, Manager of Planning for Frontenac County, said that while there are limits to work that can be done on properties before planning is completed in some jurisdictions, there is little in place in South Frontenac to limit that kind of work. He also said that selling lots that have not yet been created but are in process can be done, although the sales are by necessity conditional on planning approval.