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Vol.15 No.44
Not so Helpful Page 2
‘Penne’ for Rowing Page 7
Wednesday, January 18, 2012
Champions Page 8
Councillors debate scope of site bylaw BY SARAH MURRELL VOICE Staff Should the town’s new site alteration bylaw be a narrow, focused document dealing with the one issue that brought the creation of the bylaw to the forefront or should it be a broader document that covers all possible site alteration issues in Pelham? That was the question councillors debated at Monday night’s general committee meeting deciding ultimately to send the bylaw back to staff, again, for revision. Fenwick councilor Richard Rybiak was the fist to speak to the bylaw and put forward a motion to send the bylaw back to staff and ask them to bring forward a bylaw that deals with the specific issue raised by residents, which is the building of berms in rural areas, as well as the contamination of agricultural land. Councillor Larry Clark, also from Fenwick, seconded Rybiak’s motion, saying the town needs a berm construction bylaw which would put in place the same procedure required for any construction within the municipality. That procedure includes permits, detailed drawings and plans, environmental impact reports and a lot grading plan. The document Clark said he is looking for
is “focused on the specific.” In explaining his reasoning for a more focused bylaw that deals only with berms, Rybiak noted there are two sides of the site alteration debate. One side believes governments should not interfere with a person’s right to do what they want on their own land. The other side believes one person’s rights - even on their own property - end where another’s begins. Rybiak also noted there are two moderating factors in the debate - common sense used when property owners make changes to their land and the recognition by property owners that they are stewards of the land. The town, he indicated, should not interfere where common sense and stewardship prevail. “Common sense does not always prevail,” said Councillor Gary Accursi, noting he would not support Rybiak’s amendment to focus the bylaw. Adding he is cognizant of property rights, Accursi said the narrowing of the bylaw does not address a number of other ways property owners can change their land, including swales, blocked drainage and flooding, and construction issues. Agreeing with Accursi, Councillor John Durley said every person has a right to the peaceful enjoyment of their property and it is
necessary to balance property right issues. “Berms are what brought the issue to the forefront,” said Durley, adding despite that fact the town needs a vehicle to protect the rights of all property owners in all situations. During the discussion Clark, a home builder, noted the town requires a lot grading plan to be filed, and inspected, for new home construction and suggested that plan would negate the need for a bylaw addressing site alteration in urban areas. Director of Planning and acting CEO Craig Larmour pointed out the
lot grading plan is good only for the construction period, explaining once construction is complete and the town has inspected the property and signed off, property owners can change what they want. “That’s a hole that needs to be filled,” said Clark, apologizing for the unintentional pun. “The building code act only allows you to go so far,” said Larmour, noting there is no legislation to stop property owners from changing the grading of their land. This bylaw, he said, would do that. “This is why I argue in favour of a broader bylaw,” said Accursi.
“I fear it is too broad a bylaw that will not resolve the issue and create new problems,” said Rybiak. Councillor Peter Papp, who along with Durley is the most experienced councillor at the table, said he listened carefully to the debate and thought, as King Soloman did, that there is a way to include both sides in the solution. Papp went on to point out council dealt with these types of issues before but had no jurisdiction to help residents affected by neighbours who had altered their land. “I would rather see [the amendment] defeated” said Papp, and have
staff come back with a new draft bylaw that encompasses all issues. In the end Papp’s suggestion was the way council voted, with Papp, Durley, Accursi, and Catherine King voting against Rybiak’s motion. Council then voted to have the bylaw sent back to staff for revision after councillors sent their comments to Larmour for inclusion in the draft, and have it back on the council table in early March. Once council approves a draft it will be made public for residents to comment on before it is finalized.
GET YOUR KIDS MOVING
DEBBIE Giguere gets kids moving, wiggling and shaking in Zumbatonic. To find out more about the new town program, see page 6. Sarah Murrell/Voice Photo
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