Residents baffled by conservation authority's about-face in land dispute

Vaughan residents say they were let down when TRCA settled with developer days before OMB hearing and didn't include them in talks on environmentally sensitive land.

Thestar.com
Feb. 8, 2018
By Noor Javed

It's been a lonely fight for a group of residents in Vaughan, who have been pushing to protect an environmentally sensitive tract of land in the city from development.

The Friends of Grand Trunk Ravine say they were dealt their first disappointment when the land at 230 Grand Trunk Ave., long considered off-limits by the City of Vaughan and the Region of York for its unique environmental properties, was approved for development in a secret settlement between the city and the developer, Dufferin Vistas, in 2016.

But the recent "about-face" by the Toronto and Region Conservation Authority - a public agency responsible for advising municipalities on the protection of lands - has been even harder to bear, the members say.

For the past year, Furio Liberatore, says his residents group and the TRCA had been "working together to build a case" to be argued in front of the Ontario Municipal Board about whether the developer should be given approval to build a 31-house subdivision on the western part of the land (Phase 1).

The TRCA, which was also part of the 2016 settlement, had previously lambasted its provincial and municipal partners for "leaving it at the altar" and forcing it to "protect the environmental features of the land" that sits within the Oak Ridges Moraine, on its own.

They argued that due to their efforts, the land was divided into three parts: an eastern portion, containing significant wetland and endangered species, that will not be developed, a middle portion that requires further study, and a western portion that has been approved for low-rise development.

Thus, Liberatore says, both parties were in agreement that more studies were needed before development should be permitted on any part of the land. The TRCA had even prepared evidence, including in-house experts, explaining that development on the lands without extensive studies would be "premature" given their unique ecological features and the presence of rare and endangered species.

But on the eve of the recent OMB hearing, the Friends group was told the TRCA had struck a deal with the city and the developer that would allow the subdivision to proceed — as long as dozens of conditions are fulfilled before the shovels hit the ground.

"We were in agreement from the beginning," said Liberatore, whose backyard shed was the subject of a separate dispute with the city. "But then they went to the table to settle with the developer and didn't bring the residents along."

Liberatore says despite a two-week OMB hearing that ended last week, which included testimony from the TRCA's new CEO, John MacKenzie, there is one question that hasn't been adequately answered: What changed?

In an affidavit submitted as evidence in the hearing, the TRCA's senior manager for planning, June Little, said during an OMB pre-hearing last March: "It is TRCA's view the appellant has not comprehensively or properly examined the lands and there are fundamental issues that have not been resolved such as the Grand Trunk Ave. (road) extension, the water balance, grading and negative impact on the natural heritage features of the site. Until that work is done and is able to be considered, it is in my view entirely premature to consider the development of Phase 1 or Phase 2."

Little was supposed to testify at the January OMB hearing, but was unable to do so after suffering a concussion in a car accident in December.

In her place, David Donnelly, lawyer for the Friends of Grand Trunk, summoned MacKenzie, who was also the City of Vaughan's planning commissioner when the city dealt with the Grand Trunk property.

At the hearing, MacKenzie's testimony conflicted with that of Little. MacKenzie, who signed off on the TRCA settlement, said staff was now "more comfortable" to move forward on the development and that "it was not premature to do so."

But when specifically asked by Donnelly what had changed, and if any additional studies or information had been provided by the developer, MacKenzie said his confidence was based on "discussions" with staff and "technical experts" and from extracting information from some of the initial studies that had been submitted.

In an email statement to the Star, the TRCA offered further explanation:

"In this case, TRCA has successfully achieved a number of concessions from the developer including the application of buffers around natural features and mitigation measures along with updates to studies which will result in better environmental controls being imposed," the TRCA said, adding: "The applicant has provided the required studies for the property which assists the city and TRCA in our evaluation of the west property."

During the hearing, it was unclear what specific studies were completed over the past year.

"I can tell you for a fact that I asked every single witness in cross-examination 'have there been any new studies since Oct. 30, when witness statements were due?'" said Donnelly, lawyer for the Friends group. "And they said no."

The TRCA did not answer the Star's questions about specific studies that led the authority to change its position.

According to conditions set out in the settlement, the City of Vaughan and the TRCA have asked that the developer fulfill nearly 100 conditions, including extensive studies, before any building takes place.

The TRCA says it will have to work closely with the City of Vaughan "to manage and monitor the resolution of the conditions of this settlement agreement."

Cam Milani, owner of Dufferin Vistas, didn't respond to questions from the Star, but during the hearing his lawyer David Bronskill told the board that TRCA should not be criticized for coming to a settlement. "Rather than being criticized, it should be complimented," he said.

The City of Vaughan did not respond to questions about their role in monitoring conditions if the subdivision plan is approved.

The TRCA says despite the residents' characterization of their position, they have "worked at every turn in this process to protect the environment and achieved concessions from the developer in accordance with the information and study requirements of previous OMB decisions on this property," they said, adding they remain committed to protecting the lands on the east side of the property as much as possible.

But Donnelly says whatever the outcome of the hearing, this has been an environmental fight championed by the residents.

"The city and TRCA reaching closed door settlements without any public input didn't discourage these residents, who are the only ones defending Grand Trunk ravine," he said.

"It's extremely frustrating to see public agencies spending taxpayers' money to ensure the Oak Ridges Moraine gets paved, when residents have to spend their own money in opposition."