Richmond Hill - November 24, 2009
BY ADAM MC LEAN, yorkregion.com
Town fining Metrus over observatory tree cutting
The Town of Richmond Hill is throwing the proverbial book at Metrus, its sub-corporation and official landowner Corsica Development Inc., following last week's destruction of what was estimated by the town to be nearly 150 trees on the David Dunlap Observatory site. At least 17 trees were found to breach Richmond Hill's tree preservation bylaw.
Town bylaw staff are currently preparing legal documents and the eventual amount of the fine and specific charges will be formalized at the municipal courts at 50 High Tech Rd. Jan. 15.
According to town officials, bylaw staff can't comment on the fines due to their ongoing investigation.
Mayor Dave Barrow made the announcement about the fines at council on Monday night, which prompted a hearty round of applause from those in the packed council chambers. The official court date was announced the following day.
Jan. 15 will no doubt be a day observatory supporters have circled on their calendars.
"We will all be there to listen to the charges, hear the fines and support the town," DDO Defenders president Karen Cilevitz said following Tuesday's announcement.
"(This will) show Metrus and their partners that you do not mess with Richmond Hill's cultural and natural heritage - we will not tolerate it," she added.
The destroyed trees were caused by Metrus' ongoing archeological assessment of the observatory land's southwest field.
No permit was given by the town for Metrus to take such action, which has now lead the town to "pursue fines and penalties to the fullest extent possible," in response to Metrus' breach of the tree preservation bylaw.
"We have served notice to the owner and we have the same response to their actions that you have," Mr. Barrow said to residents attending council Monday.
The observatory lies in the ward of Councillor Godwin Chan, who said he had been disappointed and distressed by Metrus' actions last week.
"I am encouraged that residents and the town are taking this seriously. Our tool is the bylaw and we are using it to pursue charges laid, soon it will be up to the courts," he commented.
A call to Metrus' Observatory Hill project manager Michael Pozzebon, asking about the pending charges and court date prompted an e-mail response on Tuesday: "We do not have any comments at this time. Thank you for your message."
Another call on Wednesday to Mr. Pozzebon again prompted litte response, simply: "there is not much we can say right now."
Though residents were delighted with the promise of legal action, many are calling on the town to do more, stating the number of trees in breach of the town's bylaw is greater than 17. Many feel other regulations including the light abatement control bylaw and the Ontario Heritage Act, should also be investigated for breaches.
"We trust the town will increase the number of mature felled trees from its original estimate of 17 in the final charges laid - we have more than proven that number lies in the hundreds," Ms Cilevitz said, referring to aerial views of the field taken last year that have been displayed to council by Ms Cilevitz and other supporters, showing many mature trees scattered about the field.
A pile of downed trees still remains inaccessible to town bylaw officers and town tree preservationalist Martin Volhard said the pile would have to be untangled for further measurements.
"We at the town haven't ruled it out, but untangling the pile of trees would mean more heavy machinery on the site and further environmental damage. But, if Metrus is to remove the pile, then I will surely want to be there," Mr. Volhard said.
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