Would You Want YOUR Home This Close?
In a 5 to 2 vote, council approved allowing Upper Canada Growers to build closer than the allowed limit on bunkhouses to wind turbines on May 16th. This is the part one of two meetings dealing with the file.
Councillor Bondy declared a conflict of interest pertaining to Agenda Item 5.2 and
stated that the reason for the conflict was due to a family member employed with
Upper Canada Growers.
Report from Administration
Ms. Jabbour explained that the applicants are proposing a zoning change to
permit two new ancillary dwellings to accommodate the housing of additional
farm labour. The proposed ancillary dwellings will have a setback of 429 metres
between the dwellings and the commercial grade wind turbine on the
neighbouring property at 1040 Ridge Road. She noted that under the current
zoning only one single detached dwelling is permitted per lot in the A1.1
zoning district and the zoning by-law requires a 550 metre minimum
separation between the commercial grade wind turbine and the dwellings. She
explained that the Provincial Policy Statement (PPS) 2020 states that in prime
agricultural areas the permitted uses and activities include accommodation for
full-time farm labour when the size and nature of the operation requires
additional employment. She further explained that the Town of Essex Official
Plan allows for one or more ancillary dwellings for the purposes of housing
farm labour where the farm operation is of such a size and nature that this
assistance is required and residential accommodation needs to be located on
or close by the farm. She noted that the Town of Essex Official Plan further
indicates that the ancillary dwellings must be located on the lot and accessed
in such a way to prevent the creation of a severable residential lot in the future.
Ms. Jabbour stated that Administration received comments from the Ministry
of Environment, Conservation and Parks due to the proposed location from the
existing wind turbine. She explained that the Ministry noted that permitting a
dwelling less than 550 metres from a wind turbine exposes residents to noise
above the Ministry’s allowable sound level limit of 40 decibels which may result in adverse effect under the Environmental Protection Act. She stated that the
Ministry recommended that the applicant hire a consultant to assess
technologies in relation to noise mitigation and that any noise complaints in
relation to impacts to be directed to the Town for follow-up with the applicant
should the variance and setback be approved. She further stated that the
applicant is currently obtaining a noise consultant to recommend noise
mitigation measures and they will be reviewed by Administration and the
Ministry.
Rob Haynes, President, UCG Land/Upper Canada Growers and Larry Snively- “Government Consultant”
Applicant for a Site-Specific Zoning Amendment for 1110 Ridge Road
Rob Haynes, President, UCG Land/Upper Canada Growers explained that he
attempted to purchase the windmills over a year ago but was unsuccessful. He
stated he will be creating a large pond for the purpose of stormwater along
with a large berm on the west side and east side of the help houses to mitigate
the sound from the wind turbine.
Councillor Vander Doelen noted that wind direction plays a large part in sound
transmission and stated that a large portion of the winds in Essex County are
predominantly westerly.
Mr. Haynes explained that there is a house on the property that he lived in for
approximately 10 years and rarely noticed noise from the wind turbine. He
further explained that he will be using the soil from the pond to construct a
berm.
Deputy Mayor Bjorkman asked how far away the bunk houses are from the
wind turbine.
Mr. Haynes noted that they are 520 metres away from the windmill.
Councillor Bjorkman confirmed with Mr. Haynes that the sanitary sewers are
between the bunk houses. He asked if there was a way to place the bunk
houses together and move the sanitary sewers.
Mr. Haynes explained that there is no problem moving the sanitary sewers but
the reason he designed it that way was to provide the migrant workers with a
large soccer field.
Councillor Bjorkman explained that health and safety is more important than
the soccer fields. He further noted that when we allow people to build on their
property we cannot allow them to impinge on the property of another
individual.
Councillor Verbeek noted that if we allow these bunkhouses to be built we will
be ignoring multiple recommendations and she agrees with moving the bunk
houses together.
Larry Snively ( hired consultant to Upper Canada), Upper Canada Growers, asked Ms. Jabbour if the noise study
would be required if the bunkhouses are moved.
Ms. Jabbour stated that the noise study would still be required and that the
recommendation is that the consultant hire a qualified person to provide
recommendations on noise mitigation measures whether in a form of a memo
or a study.
Complete minutes
https://townofessex-pub.escribemeetings.com/filestream.ashx?DocumentId=11022