A good background article (by Jack Tynan) on this issue is available at the Cottage Country Now website (click on link to read). I will quote from this article during this post.
An excerpt from the article:
At the centre of the disagreement sits the argument over whether the camp can continue to allow racing based on its rights to do so being grandfathered in because it sat within commercial zoning in the former Foley Township – a zoning that permitted “an amusement area” and a “place of entertainment” under long-since-replaced Foley zoning regulations. Now that Foley is part of Seguin Township, the camp sits in a residential area, but its legal representative argues that law protecting existing activities amid zoning changes means camp sporting events can continue.MY INITIAL THOUGHTS ON THE ISSUE:
This weekend I campaigned door-to-door for the first time for the fall election. When speaking with constituents I stated that, to my knowledge, council had come to an agreement with the camp's management to operate with the condition that provincial noise pollution regulations were observed and enforced.
To avoid a legal battle, Seguin Township representatives have proposed a memorandum of understanding that would limit race and practice times and put noise limits on track operations at the camp.Seguin council has 'proposed' but not finalized any agreement with the Ontario Camp of the Deaf. I mistakenly assumed that an agreement had been passed by council. I apologize for representing my views on a subject in which I was not fully informed.
I'm still not fully informed. I have spoken with representatives of a group who oppose the camp motorsport operations while supporting the camp's charitable activities. They say they have documents in support of their case, but have so far refused to disclose them to me. They have my e-mail address, but have not forwarded copies to me for my consideration. I have not yet spoken to Camp Director, Derek Rumball.
“The Ontario planning act said we have to build in some exception for people who have been using the property a certain way for years,” said Ed Veldbloom, Seguin Township’s legal consultant on the issue. “If you are there before the zoning regulations come in, you are legally established.”Here is a link to The Planning Act on-line.
HERE'S HOW I SEE THE ISSUE BASED ON CURRENT INFORMATION:
- Nobody (in their right mind) is against the Ontario Camp of the Deaf charity in helping people who are deaf.
- The charitable activities of the camp are essentially distinct from the commercial motorsport activities carried out on camp property.
- It is misleading to suggest that complaints about noise violations from commercial motorsport activities on camp property is an attack on the camp's charitable work.
- The OCD Information Package (click link to view) presents evidence to support claims that motorsport racing on camp property has exceeded provincial legal limits on rural noise.
- OCD Motorsport activity was legally permitted under the former Foley Township. The Ontario Planning Act states that previous commercial property use be carried forward into (now amalgamated) Seguin Township.
- Motorsport activity should be permitted on camp property in accordance with the Ontario Planning Act.
- Provincial quantitative noise laws must be respected. Seguin needs to adopt quantitative (measurable) noise by-laws in line with provincial standards. Seguin needs to rigorously enforce a revised by-law with minimum fines.
- I prefer this issue to be resolved by an out-of-court solution between the Ontario Camp of the Deaf and area residents as represented by Seguin council members.
