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Proposed Burleigh Bay Development

The OMB Hearing for Burleigh Bay Corporation concluded on October 7, 2016. In accordance with the Ontario Municipal Board's Order of October 7, 2016 formal written submissions were provided to the Board. Copies of the submissions and responses to submissions along with a letter of clarification with respect to the Township submission dated November 24, 2016 as prepared by M. John Ewart, Municipal Solicitor are listed below:

 1. Letter from Ewart O'Dwyer - November 7, 2016

 2. Submissions:

a)      Township of North Kawartha and Draft Plan Conditions

b)      Curve Lake First Nation (CLFN)

c)       Friends of the Fraser Wetlands Inc. (FOFW)

d)      Response on behalf of FOFW and CLFN

e)      Burleigh Bay Corporation

f)       Response from Burleigh Bay Corporation

3.  Letter from Ewart O'Dwyer - November 24, 2016

The status of this file (PL150313) can be viewed on the Ontario Municipal Board website: http://elto.gov.on.ca/omb

Correspondence from Ewart O'Dwyer regarding the Burleigh Bay OMB Pre-hearing held on October 26, 2015

Ontario Municipal Board, Issued on October 1, 2015, Memorandum of Oral Decision Delivered by M.C. Denhez on August 31, 2015 and Order of the Board

Ontario Municipal Board, Issued on November 2, 2015, Amending Decision Delivered by M.C. Denhez and Order of the Board

Ontario Municipal Board, Issued on November 9, 2015, Memorandum of Oral Decision Delivered by M.C.Denhez on October 26, 2015 and Partial Order of the Board, Part 1.

Ontario Municipal Board, Issued on December 17, 2015, Memorandum of Oral Decision Delivered by M.C. Denhez on October 26, 2015 and Partial Order of the Board, Part 2.

Witness Statement and Supporting Documents

  1. C. Ellingwood

2.  C. Rancourt

3.  K. Gunson

 4.  Ken Smith

5.   Varty

6.  P. Josephs

Appendix C-F-3 (OPA) - MinistryAgency Comments

FULL Witness Statement P Josephs August 2016 (with appendices)

 7.  P. Dibb

8.  S. Janusas

TORONTO-#770687-v1-S_Janusas_Marine_Archaeology

Reply Statements

 

Visual Materials

 

Parks Canada

Letter to OMB  - September 15, 2016

Letter to Landmark - February 5, 2015

Participants Statements (received September 1, 2016)

Hiawatha First Nation

Mississaugas of Scugog Island First Nation

 

 The plan of condominium known as Burleigh Bay Condominium Development proposes 60 units which range in size from 1.06 hectares to 2.63 hectares.  Units are proposed to be serviced by private wells and septic systems.  Access to the units would be via an internal road system which would access Highway 28.  The road would be owned and maintained by the condominium corporation.

Five core areas were also proposed within the development.  These would be in the common ownership of the condominium corporation. 

  • Core 1 - condo administration building      with accessory apartment for on-site maintenance person, tennis courts,      swimming pool, parking, access to main docking facilities.
  • Core 2 - maintenance yard area for condo      corporation - storage of maintenenace vehicles, etc.
  • Core 3 - existing cabin which can be      utilized by residents for their guests, passive recreation.
  • Core 4 - secondary docking area
  • Core 5 - passive recreation, swimming area 

The remainder of the lands would remain in the common ownership of the condo corporation and are proposed as open space. (~190 hectares).

 History of the Proposed Burleigh Bay Condominium Development 

  1. An application for an amendment to the Township Official Plan (formerly Burleigh and Anstruther) and an application for an amendment to the Comprehensive Zoning By-law (formerly Burleigh and Anstruther) was submitted to the Township in November, 2002.
  2. An application for a vacant land plan of condominium was filed with Peterborough County on May 27, 2003.  The following studies were submitted with the application:

       a)    Planning Report

       b)    Environmental Impact Study

       c)    Servicing Options and Hydrogeological Report

       d)    Stormwater Management Report

       e)    Traffic Impact Study

       f)     Archaeological Assessment (not available for public viewing)

       g)    Fiscal Impact Analysis

3.    A public meeting was held on August 28, 2004.

4.    In October 2012, the Plan of Condominium was formally revised and resubmitted to            the  County of Peterborough. The following studies were submitted with the revised application.

       a)    Planning Report

       b)    Environmental Impact Study and Update to Species at Risk (July 2011) - available for viewing at the North Kawartha Township office

       c)    Servicing Options and Hydrogeological Report

       d)    Stormwater Management Report

       e)    Traffic Impact Study

       f)     Archaeological Assessment (not available for public viewing)

      g)    Draft Conservation Easement Agreement (2014)

              Draft Conservation Easement Agreement (Parks Canada 2012)

 

5.    A second public meeting was held on August 23, 2014.

6.    EcoVue Consulting Services provided a summary of comments received at the public meeting (November 4, 2014).

7.     Niblett Environmental Associates Inc. (NEA) responded to questions/concerns related to lake capacity.

8.     Draft Detailed Impact Assessment

9.     Subsequent to the August 23, 2014 public meeting, the following submissions have been received from Trent Severn Waterway.

      a)    Comments regarding the Draft Conservation Easement, December 22, 2014

      b)    Comments regarding the Official Plan Amendment and the Amendment to the  Comprehensive Zoning By-Law, February 3, 2015

     c)   Comments regarding the Detailed Impact Analysis (DIA).

Correspondence from Iain Mudd, Manager of Planning, Peterborough County - Update on Burleigh Bay Condominium Application (February 2, 2015)

Correspondence from Darryl Tighe, President, Landmark Associates Limited - Draft Plan of Condominium, Burleigh Bay Corporation, Parts Lots 3-6 inclusive, Concession 1 and 2, Geographic Township of Burleigh (South), Township of North Kawartha (February 11, 2015)

Niblett Response on Lake Capacity, February 2015

Ecovue Summary of Responses, February 2015

Detailed Impact Study, September 2014

Hutchinson Peer Review (August 12, 2015)

Letter from Donnelly Law (August 12, 2015)

Entry into the Ontario Public Register of Archaeological Reports (August 13, 2015 and July 31, 2015)

Servicing Plan