About-face could lead to lawsuits against Severn Township

Packet & Times photo

By Mehreen Shahid, Orillia Packet & Times 

Severn Township has begun the process of repealing a zoning bylaw that had residents of Carlyon Line up in arms.

But that could open the door to lawsuits against the municipality.

“I think council voted the right way,” Mayor Mike Burkett said in an interview following the council meeting Thursday evening. “I can’t, in good conscience, knowing what we know today, go ahead with it. An honest mistake was made, and we corrected the honest mistake. I feel it was the right decision.”

Last year, council voted to have 4265 Carlyon Line zoned as industrial as recommended by staff. When residents in the area took the case to the Ontario Municipal Board (OMB), an investigation revealed the property had always been zoned rural and was only designated industrial, meaning the zoning could potentially be changed to industrial in the future.

Several months later, council has voted to begin the official process of repealing its decision from December 2015.

The vote was to repeal the bylaw without any conditions, said Ward 3 Coun. John Betsworth, who represents that area.

However, it also gives residents a chance to sue the township for costs and damages incurred, he noted.

“We forced them to go to the OMB to point out to everyone the mistake that we had made,” he said. “They had no recourse other than to seek a planner and legal counsel and OMB costs to do that. Those should be, in my opinion, paid by us. Our mistake resulted in, I think, both financial and emotional harm to them, and it had to be made right.”

Residents were pleased with council’s decision. Close to 75 had shown up at a council committee meeting in September to bring to let their representatives know property owner Glen Stewart had not made a rezoning application, which would have revealed details of his plans and required appropriate environmental studies before any work could commence on the land.

Danial Boyce, a next-door neighbour of the property, said even though Thursday’s decision seemed like a small victory for the group, not knowing what the OMB might rule, they were ready to fight on to retain the rural zoning.

“I’m still not sure what the OMB is going to do,” she said. “I guess we’ll have to wait and see. (But) I’m glad it’s coming to an end; it’s been a long road. I’m glad they’ve finally brought it to council. It feels a little bit relieving.”

According to municipal procedure, township staff will begin the process of repealing the industrial zoning, explained Andrew Fyfe, director of planning. The Municipal Act requires a public meeting to be held, and that residents be given three weeks’ notice. Once that is done, council will vote at a subsequent meeting on whether to ratify the decision, he said.

Council will report its decision from Thursday’s meeting to the OMB and keep the board updated on the issue.