Severn residents’ OMB appeal dismissed

West Shore 88-lot subdivision plan overcomes final hurdle
By JENNIFER BURDEN The Packet & Times January 6 2010
SEVERN — A new Simcoe Estates Ltd. subdivision in West Shore was given the green light after a final appeal to the development was dismissed by the Ontario Municipal Board (OMB) on Thursday.
The 88-lot single-home subdivision bordered by Menoke Beach Road and Couchiching Avenue in Severn Township, owned by Lou Orsi, is the first phase of a proposed 271-unit subdivision.

Local residents Bill and Terry Clemo, who live at the end of Menoke Beach Road next to a public boat launch, were appealing the planned subdivision before James McKenzie of the OMB at the Severn Township municipal office.
In their appeal, they argued the new subdivision would increase public use of the boat launch and waterfront next to their property. This would result in problems, such as more noise, a greater chance of mishaps like drowning, and overuse.
“I just didn’t see it feasible to allow a subdivision of this magnitude and leave this little boat launch,” Bill Clemo said Thursday.
In their hand-written appeal to the OMB dated Feb. 10, 2010, the Clemos argued the Menoke Beach Road access to the water was overused, more people living on the road would be detrimental to them and Lake Couchiching, and that the proposed 88-lot subdivision was oversized and crowded.
On Thursday, Gordon Petch, the lawyer representing Simcoe Estates Ltd., made two motions to the OMB to dismiss the appeal.
He argued that the Clemos had no right to appeal to the OMB because they had never made an oral or written submission to the Township of Severn or the County of Simcoe at any public meeting dealing with the subject subdivision application. According to the Planning Act, only people who take that initial step of speaking out against a development can file an appeal to the OMB.
“They chose not to participate and stand up and voice their concerns,” Petch said.
Petch added the reasoning for this is to prevent people from sitting back, saying nothing and thinking no one will listen to them, only to then show up at an OMB hearing inflicting great cost on all involved.
In response, Terry Clemo said they were under the impression that the numerous letters they wrote to the township opposing a neighbouring 26-lot subdivision, already under construction, in which they raised concern about all future development in the area would be taken into consideration.
 “In writing those letters it was our feeling that that would include all potential subdivisions,” Terry Clemo said.
The Clemos also met with the planners retained by Simcoe Estates Ltd. and David Parks, director of planning and development for Severn, to discuss their issues with the subdivision prior the public meeting.
They were under the impression that because they met privately with the planners and Parks, they didn’t need to speak out at a public meeting or write a formal letter addressing their concerns.
Petch also submitted that the Clemos had no ground to appeal on planning issues, because all of their concerns had to do with human behaviour in relation to the boat launch.
“These are not legitimate planning grounds related to the subdivision,” Petch said. “The issue of development here has already been decided… This is a settlement area that has specific meaning under the Planning Act.”
In his decision, McKenzie found that the Clemo’s appeal “did not constitute a valid appeal,” because of the absence of any previous oral or written submission opposing the Simcoe Estates Ltd. subdivision. Because of that ruling, McKenzie said it was not necessary to address the second ground of dismissing the appeal.
Coming into Thursday’s hearing, Petch and Orsi were confident the Clemos’ appeal would be dismissed.
“They didn’t have a chance in maintaining their appeal,” Petch said. “Even their grounds of appeal… Those aren’t planning issues. He’s complaining about people being unruly.”
Orsi said his subdivision meets all of the planning criteria and the Clemos’ concerns didn’t apply specifically to his subdivision.
Another group of residents on Amigo Drive had previously appealed the subdivision, but came to a settlement with Simcoe Estates Ltd. that requires Orsi to build a trail system along Menoke Beach Road to accompany the new development.
The Clemos were the only appellants left standing in the way of Orsi and the new subdivision.
“This feels like the township is not respecting the rights of their original residents and are appeasing developers to increase their tax base,” Terry Clemo said.
With the last appeal now dismissed, Orsi said the plan is to start building a new road for the subdivision in the spring and begin construction of the single-family homes some time next year.