OLT SETS DAY-LONG HEARING FEB. 28 ON FUTURE OF STARBOARD CONDOS PROJECT AT MUSKOKA WHARF
Mark Clairmont | MuskokaTODAY.com
GRAVENHURST — Parkland, sightlines and dock length objections will be considered by the Ontario Land Tribunal in a one day hearing Feb. 28 at 10 a.m. for the huge Starboard condo project proposed here at the Muskoka Wharf in Gravenhurst.
In an hour-long OLT case management conference this morning, lawyers for the Town of Gravenhurst and The Rosseau Group developer agreed to the hearing in five weeks as the former Ontario Municipal Board set a date to resolve the last outstanding obstacles to the multi-million-dollar, multi-use Lake Muskoka waterfront development.
But after hearing from the Muskoka Lakes Association and Muskoka Bay Property Owner Association, meeting case coordinator Dale Chipman wouldn’t grant them full “party status” for representation in person at next month’s zoom hearing, which was scheduled at the end of today’s online conference.
Chipman did allow — with the eventual consent of the appellant and town lawyers — for the MLA and MBPOA to further present their concerns in writing to the OLT ahead of time. And to the town and TRG lawyers within the next three weeks to prepare their defences.
Two other local people and a neighbourhood group seeking party status were also denied: Gord Locklin, Richard Corcelli and the Gravenhurst Residents’ Group headed up by Lookout neighbour Chris Thain. However, they also received participant status enabling them to provide their concerns in writing.
Lawyers Denise Baker and Ed Veldboom, respectively, represented TRG and TOG.
After town council first rejected the proposal August 29, TRG appealed to the OLT.
In the intervening months town council reversed its decision and voted for a “minutes of settlement agreement” to allow the 151 condos, two new docks, one- and two-storey boathouses and underground parking to proceed.
TRG’s plan as presented hasn’t changed since the town turned it down last August.
Baker and Veldboom objected to offering any party status saying their issues had either been or addressed, were irrelevant and that in terms of the deeding that the OLT isn’t in a position to rule on them.
Wendy Rome, MBPOA secretary and director, told Chipman she was “disappointed” at not being able to speak in person Feb. 28.
But she and MLA vice president and lawyer Ken Pearce still welcomed the opportunity for written submissions.
The pair argued in Wednesday’s zoom call (with 25 present online including Mayor Heidi Lorenz, most councillors and other observers) that the town’s Lookout Park would be impacted at the water level by a two-storey boathouse they said would prevent views of Muskoka Lake and the town’s top tourist attractions the Segwun and Wenonah II ships.
Critics claim given the number of boat slips proposed in the bigger of the boathouses that it will loom a lot larger than the Muskoka Discovery Centre across the bay.
The second of the “main concerns” they want the person hearing the case to rule on is TRG’s water lots, which they say the unused portions of “should” be returned to the town according to the OPA. So as to prevent any future development not included in the settlement agreement that the town reached with TRG.
Rome concurred with Pearce that the two-storey boathouse and boat slips encroach on the parkland shoreline, which he said extends a “third” of the way into its 60-metre length.
“It absolutely is going to impact,” Rome told Chipman.
She said swimming, fishing, picnicking and hiking would also be limited in public use.
“That’s unfathomable to me that Gravenhurst would allow that,” Rome said.
The lawyers countered, saying people who regularly swim off the rocks aren’t doing so in dedicated town swimming hole anyway. To them that makes it another non-issue for the OLT to rule on.
Pearce also pointed to bleacher seating for “15” on the dock next to the two-storey boathouse — which he said would be longer than that of the Wenonah II dock and would — have a 13-metre viewing platform at its end.
A second dock closest to the Segwun, with a smaller one-storey boathouse and boat slips, would also extend 103-metres and be longer than the Segwun dock. He’d like both scaled back.
Pearce said both docks would extend beyond the distance of town’s former Federal Wharf dock where the Muskoka Fleet ships come and go in summer with thousands of tourists.
He also raised concerns about a 66-foot George Street shore road allowance.
The town and TRG lawyers noted that Gravenhurst’s official plan states deeded water lots only say they “should” be offered back, not “shall.” And only if both parties agree to do so. Veldboom said the town has said it doesn’t want the water lots and hadn’t instructed him to negotiate them.
Baker added the OLT “has no authority to do that.”
She said she’s never seen any plans for dock expansion beyond what was agreed in the latest proposal tabled last summer. If so, she said, that would be dealt with “on its own merit.”
The defence lawyers also disagree as to the docks reaching out past the park boundary, which Pearce claimed the two-storey boathouse dock as originally proposed as190 metres would be twice the length of the Segwun/Wenonah II dock.
However, the lawyers’ argument that sightlines were “moot” as a non-issue due to “exceptional vistas” offered by the Lookout itself could be challenged following years of neglected town growth of trees especially to the north next to a neighbouring property.
Baker said their renderings show only a “small portion” of the boathouse roof would be seen from the Lookout when looking down at the Gravenhurst Bay.
Baker said “there is no legal right to view.”
She and Veldboom, after objecting to party status, conceded when Chipman suggested offering participant status.
Rome and Pearce did reluctantly agree to participant status.
Baker said all of these issues had been “squarely before council” in the past before the latest deal was signed.
Veldboom said issues like the bottom view can be dealt with later in affidavits and witness statements.
Chipman told Rome and Pearce that they could still continue talks before the Feb. 28 hearing.
Though she said “it’s a little late” after the settlement agreement.
Chipman reassured the participants that their concerns in writing would be registered with the OLT and would still be considered in a final decision.
There was no discussion or mention today about the rest of the proposed large development project involving 151 condominiums (with a rooftop pool) or underground parking that also drew criticism and opposition when first proposed about two years ago.
The town appears to believe the rest of the project conforms to its bylaws.
EMAIL: news@muskokatoday.com
30 years of ‘Local Online Journalism’
Twitter: @muskokatoday, Facebook: mclairmont1
Leave comments at end of story
SUBSCRIBE for $25 by e-transferring to news@muskokatoday.com
Or go online to https://muskokatoday.com/subscriptions
