Ross Earl is requesting Participant status on the grounds that he has an ongoing interest in opposing changes to Part K (Mineral Aggregate Resource Area) of the draft Township of Muskoka Lakes Official Plan, as requested by Lippa and Miller Paving in their appeals. Both Lippa and Miller Paving are objecting to a policy in Section K4 (Application Requirements) that restricts new quarries to sites farther than 2km from areas with a waterfront designation. This 2 km policy is in the current Official Plan, which has been in effect for more than twenty years.
In order to provide some context, here is a brief summary of how this 2km policy has been very important to Mr. Earl in his efforts to oppose the Lippa Quarry application. In 2017, after the Lippa applications for Official Plan and Zoning By-law amendments , with regards to to the proposed quarry, were turned down by the Township of Muskoka Lakes Council, Lippa appealed the Decision to the OMB. At the subsequent OMB Pre-Hearing Conference, Ross Earl was granted Party status, and he brought a Motion to Dismiss the Lippa Appeal, on the grounds that it was frivolous, given that the proposed quarry site was well within 2km of his waterfront property at Lambert’s Lake, in clear violation of the 2km policy. In her Decision, C.J. Bryson, the LPAT Member, did not grant the Motion to Dismiss, but she did rule that Lippa would have to apply to the Township of Muskoka Lakes for an OPA that would provide an exemption in terms of the 2km policy (refer to attached LPAT Decision). Subsequently, when Lippa applied for an OPA to deal with this issue, the TML Council turned down the application, and the Lippa Appeal has remained dormant ever since.
Ross Earl is very concerned that if the 2km policy is removed from the TMLOP, and the Lippa Quarry application is approved, then this would negatively impact opportunities to enjoy and develop his waterfront property on Lambert’s Lake. One of his main concerns is that the quarry operation, as proposed, would release large volumes of particulates into the air, and given that his property is downwind of the proposed site, this would pose a serious health threat to anyone at Lambert’s Lake. Geoff Ross, an expert on air pollution with respect to human health, sent a letter to the District of Muskoka Council, detailing why a 2km policy is needed to protect the community, especially young children, from the airborne particulates that would be generated by this kind of quarry (see attached Geoff Ross letter).
Ross Earl has been very involved in the development of the new TMLOP from the beginning of the process. He attended and participated in the initial TMLOP revision workshop that was held in Milford Bay several years ago, and he has attended many TML public meetings related to the OP revision process. He has delegated on issues related to aggregate extraction at a TML public meeting in Port Carling, on September 14, 2023 . He has spoken directly with Mayor Harding (previous TML mayor), Mayor Kelley (current TML mayor), and most of the TML Councillors, about the need to retain key policies, such as the 2km policy, in the revised OP.
The issues being raised by Ross Earl are not site specific, pertaining to only one waterfront property. There are hundreds, if not thousands, of people in the Township of Muskoka Lakes, who own waterfront properties that could be impacted if the 2km policy is removed from the TMLOP.
Regards
Tom Newman (Representative for Ross Earl)