Awaiting a decision

The evidence has been heard, and now it's up to the Ontario Municipal Board (OMB) to decide if the proposed Pointe Estates subdivision will remain a no-go or be allowed to proceed.

A 14-day OMB hearing regarding Point Estates wrapped up with closing comments Friday at the Civic Centre.

Local developers Jeff Avery and Dr. Patricia Avery appealed city council's July 2013 decision to reject their application to build a 91-lot subdivision in the city's far west end.

A group of Pointe Louise Drive residents and their supporters, known as the Pointes Protection Association (PPA), were on hand to present their reasons to let council's decision stand.

The Averys, represented by lawyer Orlando Rosa, wish to build a subdivision on property south of Pointe Aux Pins Drive, west of Dalgleish Road, north of Alagash Drive and Pointe Louise Drive.

The subdivision would feature a lagoon with docking facilities and boat access for its residents to the St. Marys River.

The PPA, led by its president Peter Gagnon and represented by lawyer Helen Scott, says the development would be harmful to the area's watershed and wildlife.

Also standing in opposition to the Pointe Estates appeal was Klaas Oswald of the St. Marys River Bi-National Public Advisory Council (BPAC), a group that concerns itself with environmental issues pertaining to the St. Marys River.

"You heard a great deal of evidence from scientific experts," Rosa said to OMB Chair Blair Taylor Friday.

Rosa said it is important to remember the area is not considered a provincially significant wetland area by the provincial government, and therefore the Avery appeal should be granted.

The PPA has protested that, stating certain technical criteria bring the area's wetlands close to being considered a provincially significant wetland and should be left untouched.

"The appellants would like to develop this unique lifestyle type of development…it is not only economically advantageous (construction jobs, addition to Sault Ste. Marie's tax base) but also a showcase the city can be proud of," said Rosa, in his concluding remarks. 

Scott said, based on evidence presented by the PPA, BPAC and their witnesses, "this is not an appropriate place for growth and development…the impact of this development (on a coastal wetland) is not short-term, the effects will be long-term."

Scott formally requested the OMB dismiss the appeal.

BPAC representative Klaas Oswald, in his closing comments, outlined his concerns with the project, among them the perceived harm it would cause for certain types of wildlife, including deer, the black-crowned night heron and snapping turtle.

Both sides drew on testimony from several technical experts and many reports throughout the 14-day hearing.

The Averys had a wide range of experts carry out more than 20 studies on the area since 2006 to ensure no ecological damage would be done to the area's watershed.

Don McConnell, city planning director, said the development poses no ecological danger to the area, based on reports he read when compiling his recommendation to council to approve the Pointe Estates project in July 2013.

Reports in favour of the project state the wetlands would be reduced by 40 percent, but that the development would actually improve water flow and fish habitat in the area.

The PPA, for its part, drew on testimony from experts of its own, including Anthony (Tony) Usher, a licenced planner who testified most of the area's wetlands (58 percent) would be destroyed.

Susan Meades, a botanical consultant, said it would harm various plant species in the area.

With the hearing now over, OMB chair Blair Taylor has reserved his decision.

It is not yet known when his decision will be released.

An artist's rendering of the proposed Pointe Estates development is pictured above.