Town of Newmarket won't fight Silken Laumann Drive townhouse development

Yorkregion.com
Sept. 15, 2015
By Chris Simon

It appears Newmarket is backing down from its fight to stop a 28-unit townhouse development.

Council granted permission for town staff to reach a settlement with the developer of a proposed Silken Laumann Drive townhouse complex during a meeting Monday night. The municipality has been battling the developer at the Ontario Municipal Board, and a hearing date is set for Sept. 28, but there appears to be little chance of success because the Lake Simcoe Region Conservation Authority, Ministry of the Environment and municipal staff believe the project should proceed, Regional Councillor John Taylor said.

"'Lessons learned' is a phrase that's been used quite a bit recently," Taylor said, while drawing comparisons to the town’s Glenway OMB fight. "While this may not appear to be great planning, our chances of succeeding would be beyond tiny. I believe it to be virtually non-existent. If I believe the chance of success is virtually zero, spending money at the OMB would not be in the best interest of the public."

An OMB hearing would cost the town between $100,000 and $150,000, Councillor Tom Vegh said.

"One of the reasons I continue to oppose this development is its proximity to the railway tracks," he said. "The number of trains moving up and down this corridor will only increase. Living that close will have a significant negative impact on quality-of-life of those residents.

“Unfortunately, we have to live within the law. We can be as disappointed with this as we like, but it is the law. Provincial legislation trumps municipal noise bylaws. The OMB won't accept the argument that we don't like it because it's too close to the tracks - the ministry allows it."

The project will be built on a 3.7-acre property wedged between a rail line and hydro corridor. A rezoning of the site is needed to allow for development on property designated as environmentally protected open space.

The developer is also seeking access to town-owned lands to do grading work that will accommodate a private road. However, the town will not grant a land transfer, unless there is significant community benefit, Vegh said.

"It is this grading that conflicts with the existing channel and small wetland community," town senior planner Dave Ruggle said in a report to council. "If approved, these works will require a working easement to allow the developer access to the town lands. A portion of the (stormwater management) pond is also proposed on town-owned land."

The developer has addressed most of the town’s concerns over the land, he said.

"The remaining issues are considered minor in nature and can be addressed," Ruggle said.

"The amount of land being developed within the meadow areas constitutes less than 2.5 (per cent) of the entire meadow community."