Rideau Lakes ex-councillor and husband challenge township’s rezoning delays

LAURIE WEIR

Joan Delaney and Bob Butcher have been battling with the Township of Rideau Lakes over a zoning amendment to change from rural (RU) to rural special exception (RU-X) to permit a new sensitive land use (dwelling) on the property within the 500-metre setback from lands zoned disposal industrial.

The former Ward 3 councillor and her husband said it was the last straw on Monday, March 3, during their council meeting where 11 integrity commissioner reports were being dealt with, that she decided to leave the position.

“I’ve had enough,” she told this publication on March 6, when she and Butcher shared their frustration with the township, especially the “fighting at the council table, and the delays on our application.”

Despite getting the green light from township staff, as well as all the ministry approvals needed to move forward with the rezoning, Delaney and Butcher are facing delay after delay – and more deferrals at the council table. Because their application wasn’t processed within the 90-day span, they have the option to take it to the Ontario Land Tribunal for a decision. They are now in the process of filing the paperwork to do that. 

“(The township) wants to see the results of the water tests,” Butcher said as for the reason for the delay, “but information about the water was included in our application.”

The application was initially deferred in January 2025 to allow for further discussions on potential environmental impacts and township liability. However, after consulting with legal experts and the Ministry of Environment, Conservation and Parks (MECP), township staff determined that the development poses no risk to groundwater or public safety.

The findings in these documents were not enough to sway Coun. Jeff Banks at the planning advisory committee meeting on Feb. 12, who said, “I don’t trust the ministry of the environment,” and wants to see soil testing results. He said he didn’t want to run into another situation like the one they recently faced in Portland. Last August, the township had to purchase the final piece of property in a contamination zone near the Portland Landfill site for nearly $870,000.

This was the fourth and final piece of property in the Contamination Attenuation Zone (CAZ) around the Portland Landfill site. Several years ago, the MECP identified groundwater contamination affecting several properties around the Portland Landfill. The ministry directed the township to create a CAZ by acquiring these lands. The township needed to purchase four properties: the first was bought in 2021, two more in 2022, and the final property at 4428 Old Kingston Road in the fall of 2025.

Banks was leery of approving this application because of the Portland experience. 

“I can’t support this the way it is right now because it is allowing somebody to build inside a setback within a private dump,” he said. “But it’s also going to probably open the door for a bunch of other people to do that also.”

Banks wanted to know the well water testing results, too.

After Coun. Sue Dunfield asked about the water test results, Foster Elliott from the township’s planning department noted that the ministry had no concerns about the water issues. Dunfield also asked if the property would be flagged for future owners of the property. 

Elliott noted that the deed would have the RU-X code included in the paperwork for reference.

Delaney and Butcher shared their documents from the ministry which show there was no ground water, soil or surface water contamination from a closed, private compost site that would impact this property.

A review conducted by Shawn Trimper, an MECP district engineer, found no technical objections to the development, as the property is upgradient from the Opinicon Waste Disposal Site (as it’s called in the township documents), meaning contaminants from the waste site, which is now closed, and has been for several years, would not flow toward it. Trimper noted that the amount of waste present at the site is relatively small, and any contamination is minor, further reducing potential concerns.

In an email dated October 22, 2024, Jon Orpana, an environmental planner with MECP, reaffirmed that the ministry had no objections or cautions regarding the property’s severance and development. His statement followed an internal review confirming that the findings applied only to this specific parcel and should not be used to infer the suitability of development on other lands within the 500-metre influence area.

Butcher said there is a big difference between the Portland Landfill site and the private landfill site used by the owners of the resort for brush and yard clippings. It’s a far cry, he said, from the township owned dumpsite where anything and everything had been dumped for years before contamination was discovered and subsequently shut down. 

“This is not the same thing,” Butcher said. “And they were supposed to be working with us since January, and what have they asked us for? Nothing until Monday night when the water tests were back on the table. We didn’t think it was needed because it was passed at the Feb. 12 planning meeting.”

The township’s legal team also advised that requiring the property owners to sign a liability release would not be enforceable under zoning laws. 

Given these findings, no additional water testing will be required, the ministry noted in their documents, and the township is not at greater liability than with any other rural residential lot.

No objections were received from the public on this file either, and township staff noted at the planning meeting that they are confident that the rezoning is appropriate. 

Planning committee member George Bracken said he didn’t see a problem. “If we’ve got the (documents) from the ministry saying this is OK, I’m not sure what the concern is in this scenario.”

Bracken cautioned if they have professional opinions, they should be used to help make their decisions. “I think from all the information we’ve received I would be in support of this application … we don’t have any information to say otherwise.”

Tom Fehr, manager of development services, said this is the third time that the ministry has looked at the area for development in proximity to this landfill site and each time, there have been no issues. 

“In each of these instances, the plume from the dump has remained stable,” Fehr said. “It hasn’t been migrating or moving at all.”

Deputy Mayor Paula Banks, who chaired the meeting as Delaney was the chair at the time and had to declare a conflict, said how do they move forward with others asking for the same permits to rezone in this area. She said council may be a little gun shy after the Portland Landfill scenario, as they are the ones who have to answer to the people. She said there were concerns from residents about what that landfill site was used for including “paint cans and old couches.”

Fehr said it would be studied on a case-by-case basis. He said it was his obligation to advise the committee that the county is looking to approve the amendment following an approval by the township. “Staff’s recommendation is for approval,” he said. “For whatever reason the application is denied the applicant will have the right of appeal. Staff wouldn’t be submitting supporting evidence in favour of the township at (the appeal level). 

The application passed at this planning committee meeting with only J. Banks voting against it, but when it came time for final approval at council on March 3, it got stalled again. 

Coun. Deborah Anne Hutchings (who was absent from the planning meeting) put an amendment forward to see the well results. This was seconded by J. Banks. This motion was passed by the majority of council – J. Banks, P. Banks, Sue Dunfield, Hutchings and Linda Carr, despite P. Banks and Dunfield passing it at the planning meeting.

On March 6, Butcher and Delaney said they had nothing to lose and will move forward with the appeal process. 

“It’s a slam dunk,” Butcher said. “The township staff has already approved it, and so has the ministry. There were no red flags at the United Counties of Leeds Grenville either.”

Now that Delaney is no longer a councillor in the township, she was asked if this project would deter them from remaining in the township. They are looking to rezone their property to build a more manageable home as they admit, taking care of their larger home and property is a lot of work. 

“I don’t know,” Delaney said. “Time will tell … I do love the township, but this whole business of rezoning is a bit much.”

Editor’s note: the current Opinicon owners, who purchased the property in 2015, do not own the waste site that is referred to in this story.