OMB has harsh words for South Frontenac planning department

Jeff Green | Jun 04, 2014

Several months ago, Arlene Seale, a resident on North Shore Lane on Loughborough Lake in Storrrington District of South Frontenac, appealed to the Ontario Municipal Board (OMB) about an order by the township's planning department that she remove a covered deck she had constructed on her house.

Seale won her appeal on the spot, as was reported on March 5, 2014 (see the article at Frontenacnews.ca by typing Arlene Seale into the search bar at the top of the home page)

Last week, the written report by OMB commissioner Sylvia Sutherland was released.

The report said that the extension can remain; that a site plan agreement must be secured with the municipality; and that the OMB will entertain a submission from Ms. Seale's lawyer regarding costs. It also says that a site plan should be submitted to the township.

Sutherland also commented on the arguments made at the OMB by the township's planner, Lindsay Mills.

“While the only expert land use planning evidence the Board heard was from Mr. Mills, the Board, quite frankly, did not find his evidence convincing,” Sutherland wrote.

Sutherland questioned Mills' reaction to an opinion regarding the construction from the Cataraqui Region Conservation Authority (CRCA).

The CRCA said “It is our opinion that the application is indeed minor in nature, and, provided that the above-noted recommendations are implemented, we feel that the application would also be in keeping with the intent of the water quality protection policies of the Official Plan and Zoning By-law,”

When Mills said that it is the township, not the CRCA that is responsible for land use planning, Sutherland replied, “Surely the CRCA's opinion should not be dismissed so lightly”.

Finally, Sutherland wrote, “The Board agrees with the CRCA that the variance is minor. It has no negative impact. The Board finds that the variance is desirable for the suitable development of the land, making the dwelling safer.”