Burl’s Creek: O-M council votes against temporary-use bylaw

By Andrew Philips Orillia Packet & Times

Oro-Medonte council has opted for the status quo when it comes to this summer’s music festivals at Burl’s Creek.

During a boisterous meeting Wednesday, the township’s council voted unanimously to approve a special-events permit for 92 of the company’s 526 acres of land beside Highway 11. But council voted against approving a temporary-use bylaw for the larger, adjacent plot.

As council pledged stricter bylaw enforcement along with escalating fines for noise complaints and land-use infractions, it declined to grant the temporary permit that would allow camping, parking and concessions on the 434 other acres.

“During WayHome (Music and Arts Festival), there’s no question there were issues with sound levels,” township CAO Robin Dunn told council as he provided an overview of the facility.

Dunn outlined the facility’s evolution from hosting the Barrie Speedway over a 50-year span ending in 2015 to the first Barrie Automotive Flea Market in 1983 as well as pointing to its musical roots with the first open-air concert in 1997 and the first large-scale concert event in 2008 with soft-rocker Jack Johnson.

Deputy Mayor Ralph Hough said he understands the complaints from those opposed to both WayHome and the Boots and Hearts music festival.

“I sympathize a great deal with the residents in the area,” Hough said. “But having said that, the 92 acres are already zoned (properly). The times and noise limits will be closely monitored. I support events on the zoned lands but not on the unzoned lands.”

After the meeting, Mayor Harry Hughes said he’s disappointed the Ontario Municipal Board (OMB) hearing determining Burl’s Creek zoning wasn’t completed in time for this summer’s events.

The OMB held close to a week’s worth of hearings throughout the spring to determine whether the adjacent land should be zoned for special events. The hearings will continue in October, meaning a final decision won’t be known for some time.

Township lawyer John Mascarin said the municipality has ample discretion to enforce its bylaws should Burl’s Creek flaunt council’s decision by allowing camping and parking on the subject land.

“Are you going to stop and close the road if you have multiple speeders?” he said when asked if the township would try to shut down the event.

Chief Kieth Doxsee of the Montagnais Métis, said key archeological finds will be significantly damaged should Burl’s Creek defy the township and allow camping and parking on the subject land.

“Ten thousand vehicles and 40,000 people on this land will cause significant soil compaction,” he said. “Anything below the surface will be damaged or destroyed.”

A representative from Burl’s Creek did not return a request for comment by press time.

David Donnelly, the lawyer representing the West Oro Ratepayers Association and Save Oro, sent a letter to the township Tuesday complaining about the short notice given to his clients regarding Wednesday’s meeting.

“In my 20 years as an environmentalist, planner and now lawyer, I have never experienced such a naked display of contempt of a council for its residents,” Donnelly wrote in a six-page letter to the township outlining how his clients only learned of the meeting Monday.

After the meeting, local resident and Save Oro supporter Paul Sanderson said he was disappointed by the decision, but not surprised.

“They voted to allow illegal events,” he said. “Where are people going to park? They’re going to have to park illegally.”