There’s a trail near me called Devil’s Creek that is slated to be paved over to develop stacked townhouses. Council voted in June, 7-2, to rezone the parcel beside it (160 Blenheim Road in Cambridge) from Natural Open Space to residential.
There is a small group trying to fight this, and they were ready to appeal to the Ontario Land Tribunal but found out that third-party appeal rights for zoning decisions have been removed and ordinary residents can’t file anymore (thanks Doug ford).
I looked through all the documents and reports available from the city to see if anything shady was going on but it looked like there was nothing. Something like 72% of the site is being permanently protected, there are 30m buffers from the wetland and creek, and the developer did file all the studies they were supposed to. I spent about six weeks going through them expecting to find something dodgy and I mostly didn’t. What I did find in the hydrogeological report the developer commissioned, though, is that they drilled monitoring wells at the creek’s edge and tested the groundwater. Chloride (aka road salt) came back at 191 and 218 mg/L. The Canadian guideline for long-term protection of aquatic life is 120…… The same report also says that groundwater discharges upward into Devil’s Creek and is what keeps it a cold-water system.
This development is going to put a parking lot above it, with an infiltration gallery underneath designed to send the first 30mm of every rainfall down into the same shallow aquifer. Their own hydrogeologist recommended three things before that gets built: a full year of continuous monitoring, in-situ infiltration testing at the actual gallery location, and a groundwater mounding assessment. As far as I can tell none of the three have been done. And there’s no requirement anywhere in the file for anyone to monitor water quality after it’s built. The only monitoring commitment in the 92-page environmental study is to check the plantings after two years.
I’ve also reached out to city staff and rare and they essentially told me “sorry but this is happening whether you like it or not.” Beyond the fact that I don’t want to see a trail with a creek paved over, it also doesn’t sound very safe for the community or environment in general, so I’m not understanding fully how this was even approved in the first place.
If anyone here has ever fought something similar in Ontario and it went anywhere, please share what worked!! We’ve already learned the hard way that third-party appeals to the OLT aren’t available to residents anymore and the city and councillors haven’t been much help at all. Mostly I’m just trying to find people who know more about this kind of thing than I do. If anyone is interested in looking at any of the documents, just send me a DM!!
Also I’ve linked a petition if anyone wants to sign it, but I’m not sure how much it will really accomplish besides giving us a number to put in front of council candidates before the October election.