It appears there may be a settlement on the horizon in the Ontario Municipal Board matter regarding the Roszell Road gravel pit proposed by Preston Sand and Gravel.
Hayes Murphy, of the Guelph law firm of McElderry and Morris, told council two contentious issues identified by the township seem to be resolved after a pre-hearing last month.
“The issue of vertical zoning [for the pit] and the establishment of barriers was written into the zoning bylaw,” Murphy said in a recent report to council.
“The second issue, being the use of Concession 4 as a haul route, was confirmed as a private haul route over the Dieter and Weber farms.”
Preston is seeking approval of a zoning bylaw to permit gravel extraction on a 60 acre, triangularly-shaped piece of land east of the Speed River and west of Roszell Road.
Murphy, who was hired to represent the township, noted the OMB will not issue an order until the details are determined for entrance permits for the private haul route.
Mayor Brad Whitcombe said all parties seemed to agree on the vertical zoning and the private haul route and now it is up to Preston officials and county planning staff to “iron out the details.”
Whitcombe told the Advertiser he hopes Concession 4 residents are satisfied with the settlement, because the new “cross country” haul route eliminates what would have been “a significant impact” on their way of life.
The mayor also noted the south face of the gravel pit has been moved significantly to the north since Preston’s original proposal, providing “some relief” for those living along Roszell Road.
Last week, Puslinch council approved the payment of a $16,330 bill from McElderry and Morris for services rendered regarding the pit application – 58.5 hours spanning from last August until the end of January.
Background
Puslinch councillors had repeatedly echoed the concerns of nearby residents, many of whom were fearful of the impacts the pit – and 120 to 300 trucks using the Concession Road 4 haul route every day – will have on their way of life.
About a year ago, Preston officials notified the township it was appealing the zoning file to the OMB, and in October the municipality was informed a six-week hearing would begin early in 2010. That now appears unnecessary.
In addition to representation from McElderry and Morris, in preparation for the hearing council also previously approved $19,118 to hire Don McKinnon, of Dillon Consulting, to undertake a peer review and provide expert testimony about the potential social impacts associated with the Concession 4 haul route.
