By MITCHELL SHERRIN Staff Writer
Emotions ran high when local planners, engineers and elected
officials heard a litany of complaints from neighbours of a newly approved
waste-transfer station during a meeting Thursday.
Neighbours of Laurie's Recycling and Waste Service site at Lee
Road listed objections in turn as an Islands Trust planner and managers from
the Capital Regional District (CRD) took notes.
"This is just stupid with two 'O's," said Lee Road
resident Delaine Faulkner.
"You're asking for input now and we've been giving input
all along. This seems a little late," said Mary Harkema of Fulford-Ganges
Road.
Paul Troop was flabbergasted that Laurie Hedger was issued a
Class-1 permit to operate a waste-transfer station at Lee Road.
The Trust recently accepted Hedger's claim to
"grandfather" the site into legal non-conforming status because his
business was in operation before land-use bylaws changed after November 1998.
"I can't understand why those activities are now allowed
when they weren't legal in the first place," said Troop.
Trust planning coordinator John Gauld countered that the
previous land-use bylaw for waste-transfer stations was legally flawed. Prior
to November 1998, waste-transfer stations could be operated anywhere on Salt
Spring, provided they were operated by the CRD.
"You can't say a property can be used for any use as long
as a particular party uses it," Gauld said.
Similar bylaws have been successfully challenged in other
jurisdictions under the premise that one party was favoured over others, he
noted.
"Our lawyer said, 'You are not going to win this
one.'"
But Gauld maintains the Trust is still opposed to a Class-1
waste-transfer permit allowing public access to the Lee Road site.
"We have always taken a very strong position that we have
found no evidence of public access at that property," said Gauld.
Fulford-Ganges Road resident and lawyer Anthony McEwen believes
the Trust acted on poor legal advice to allow the waste-transfer station to
proceed at all.
"Our disappointment with the Trust is that you folded and
didn't take that challenge. You caved to the blackmail of the court instead of
protecting public interest," said McEwen.
Garry Oaks Vineyard operator Elaine Kozak was baffled that
neither the Trust nor the CRD consulted with neighbours before approving the
permit.
"It boggles my mind that such an incompatible industry
could be permitted."
"I must have missed the public hearing that must have
occurred to allow this permit," said Ray Hatch dryly.
He suggested a suspension of activities at the Lee Road site
until environmental concerns were addressed.
"My one great concern is that there were no environmental
studies required under [waste-transfer] Bylaw 2810."
Lee Road resident Barbara Slater insisted that either Hedger or
the CRD pay for annual well-testing for area residents.
"If someone wants to run a business of that nature, I want
to make sure we are all taken care of."
Several neighbours also questioned the Islands Trust's decision
to "grandfather" 2.2 acres of the Lee Road property to the
waste-transfer station based on historical evidence supplied by Hedger.
"You were duped about the scope of what was going on when
you went on your 'walk-about' four years after the activities were
happening," said Troop.
CRD assistant solid waste manager John Craveiro gave an overview
of the historical process behind the creation of the waste-transfer bylaw
completed in 2002.
"We were bound to issue a licence if they met the
requirements of the bylaw."
He noted that the CRD held two open houses, every island
property owner was sent letters and every stakeholder group was contacted
regarding the bylaw.
"If the thing can't be revoked, can it be contained?"
Kozak queried.
Meeting chair and CRD solid waste manager Alan Summers indicated
residents would receive a response to their concerns within the next three to
four weeks.