A project that began a few years ago to build 28 townhouses at 1600 Venetian Blvd. in Point Edward has hit a snag when it comes to working with the Ministry of Environment, Conservation, and Parks (MOE) in order to accommodate at-risk species.
Local developer Alan Merrington said the process started off well aside from his dealings with the MOE, which he called a frustrating and lengthy process.
Butler's Gartersnake, which are protected under the Endangered Species Act (ESA), were identified on the property -- toward the southeast corner.
MTE Consultants in London was hired to assist and proposed moving the snakes to Canatara Park, an approved site for the endangered species.
Merrington said the proposal was approved by Sarnia city council but denied by the MOE over concerns that the snakes could be mowed over during lawn work.
"Our [biological consultants] said we could get around that by putting signs up [and] educating the Parks and [Recreation] people on that but it fell on deaf ears," he said. "Now it fell on deaf ears with the ministry person we were dealing with at that time."
Merrington said he's been in consultations with about three different MOE personnel in the past few years.
"Archaeological reports take about six -- or even nine months if they find something, and they always find things in Point Edward. Other studies take three to four months. We progressed through and did all the studies, all the engineering -- apart from this last species at risk run with the ministry," Merrington said. "I found the first two years with the ministry very frustrating because they don't even respond to any communication."
However, Merrington recognized that this process took place during the height of the COVID-19 pandemic which may have affected timelines.
Now, Merrington and his consultants have another proposal to give up four lots of the property, worth approximately $200,000 each, where the snakes live and build 22 homes instead of 28.
"Currently, we believe we're going back this month with our final modification to see if we can get a permit, and the permit in my case will be to leave the snakes untouched in the designated area that the biologist from London says they live in," Merrington said. "Now, we're not quite sure whether the ministry will agree with that or what they'll come back with."
Merrington said unfortunately not only is this lengthy process costing him time and money, but over 100 people were interested in the Point Edward homes.
"I finally took down any advertising and web page I had because I can not, to this day, give anybody a truthful answer on when I can go back to the county with all my reports -- which I'm only waiting for one now -- and get a building permit," he said.
Merrington said when the project began, he was told by his lawyer that the whole process would take about two years, but they're now approaching four.
"I honestly believe this will not happen until 2024, which from a development point of view is very expensive," he said.
The MOE could not specify a general timeframe as to how long these types of projects take before construction can actually begin.
"Timing depends on a variety of factors including, submissions made by proponents and their consultants, the complexity of the project, and its overall impacts to species at risk," read an emailed statement to Sarnia News Today.
The Village of Point Edward expressed early support for the Venetian Boulevard development. Mayor Bev Hand said they felt it was "an exciting venture."
"We know from experience with other developers in that area that dealing with the MOE regarding species at risk is a time-consuming process," said Hand in an emailed statement to Sarnia News Today. "MPP Bob Bailey has been approached in the past for assistance and consultation when a developer was frustrated with the length of time and detail required by the MOE."
Bailey told Sarnia News Today that his office is constantly speaking with local developers, including Merrington, and with the Ministry of Housing to try to eliminate red tape. But when it comes to the MOE and at-risk species, Bailey only said he would expect all developers to face the same timelines and to be upheld to the same standards.
The provincial government has highlighted the need for more housing with a target of building 1.5 million homes by 2031. In late 2022, the Ontario government announced its intention to build homes in the Greenbelt, which is now subject to multiple investigations.
Should plans proceed in the Greenbelt and should developers (in similar situations as Merrington) face quicker timelines, Bailey said he'll be advocating for the same standards to be upheld.
MOE staff said they were unable to arrange an interview between Sarnia News Today and a spokesperson to discuss the Point Edward development and what other developers can do when faced with these types of situations.
However, an emailed statement was sent regarding ESA standards.
"The Endangered Species Act applies equally to all of Ontario. All permit applications must address the legal requirements of the Act regardless of location," read the statement.