OLT - The Next Stage Edition
Stage One Complete: As many of you know, the five-week, online Ontario Land Tribunal (OLT) hearing regarding the proposed destruction of the former Davis Tannery forest and wetlands is over. We were so impressed by the endurance and concentration of the OLT Chair Stephen Cooke, the lawyers, their assistants, and our supporters!
The process took a lot of preparation and patience. It also required more money than we expected, mainly because our witnesses had to watch the appellant’s witnesses for background, testify, and then be cross-examined!
Significant Fight: We know how important this issue is to Kingstonians. Most of us want to protect as much of the remaining green areas of the city as possible - for the protection of its ecological health, and our physical and mental health. That’s why we at No Clearcuts have worked hard for two-and-a-half years to protect the 37-acre Tannery forest and wetland!
It’s also why so many of you have helped us in a variety of ways - posting tributes to trees on the River St. fence, speaking to Council, signing our petition, attending rallies, and more!
One of our concerns has been that the developer’s remediation plan has been too vague. He cuts down 2000 trees, and then what? Could the remediation be too complex and expensive? This became very evident during the OLT hearing. It also confirmed to us that the woodland is recognized as Significant, contrary to the developer’s claims.
Vicki’s Documentation: For those who missed the lengthy process, Vicki Schmolka did an almost super-human job of documenting each day’s sessions. She has summed up what will happen next - which is also demanding!
Below is an abridged version of this summary, plus an image by Mike Cole-Hamilton which expresses how we all feel. What will the tribunal chair decide? Will he protect our urban forest, part of the wetland, and the vibrant wildlife?
The 24-day hearing on the planning applications for the Tannery Land ended on Friday afternoon, March 8th.
These were the facts agreed to by the three parties to the hearing.
Over the five-week hearing, the Tribunal Chair, Stephen Cooke, heard from 14 witnesses for the appellant, 2606609 Ontario Inc., a company owned by local developer, Jay Patry …
The City of Kingston was present to defend City Council’s decision to say “no” to the planning applications. It called five witnesses.
Community-group No Clearcuts Kingston had party status and was represented by the Canadian Environmental Law Association. It called four witnesses.
The next step is for each party to submit written submissions to the Tribunal.
The applicant has until April 2 to file its arguments.
The City and No Clearcuts Kingston have until April 23 to file their arguments.
The applicant has until May 6 to reply to the City’s and No Clearcuts Kingston’s arguments.
It is then up to Mr. Cooke to make a decision to support the appeal and overrule City Council’s decision or to agree with City Council and No Clearcuts Kingston and say “no” to the development application. There is no timeline for this decision.
For Vicki’s daily records, please check out: Vicki's Substack
Further Fundraising: As mentioned above, our costs have just kept rising! We truly appreciate the heroic and generous response by some of you after our last newsletter!
We have certainly learned that the OLT process isn’t for sissies. Ordinary citizens have to compete with the funds of large corporations!
So, please help us reach our fundraising goal of $60,000! We realize that there are so many demands on people’s finances these days, but saving local nature is a priority, if we want a healthy, biodiverse urban environment!
Climate-Crisis Protection: Please don’t forget that Kingston has been identified as one of 15 future extreme heat zones. We need our trees! They cool the air by “transpiration” - absorbing water into their roots and releasing it through their leaves where it vaporizes and cools the air.
As the City’s and our witnesses have brilliantly pointed out, the developer’s plan to clear away ALL vegetation and then plant some new trees simply will not replicate the 2000 mature trees we have now!
Again, we appreciate your help and support!
Here are a couple of images of the Tannery in full leaf: