SETTLEMENT REACHED IN WAVERLY WOODS CONDO DISPUTE

DEVELOPMENT OPPONENTS SAY AGREEMENT ADDS ENVIRONMENTAL PROTECTIONS, WILDLIFE CONNECTIONS

A settlement has been reached in the long-standing dispute over a condominium proposed project in Fort Erie's Waverly Woods.

On May 12, development proposal opponents Community Voices of Fort Erie Inc. (CVFE) announced its settlement with the proponent and the Town of Fort Erie following weeks of testimony at the Ontario Land Tribunal hearing concerning the Harbourtown Village subdivision development.

The settlement was reached toward the end of the hearing following what CVFE president Marcie Jacklin termed as "intense" negotiations, which occurred over five 14-hour days, including on Saturday and Sunday (Mother's Day).

Though negotiations continued up until late May 11, the town's lawyer was able to present much of what had been settled to the mayor and council during a special meeting held on Monday, May 9, with council authorizing the completion of the settlement.

Tribunal chair Blair Taylor delivered an oral decision afterwards, acknowledging and accepting the terms of the settlement. A written decision is still forthcoming.

The deal includes an increase in the size of the environmentally protected area from 2.8 to 3.4 hectares and will ensure more of the wooded area currently enjoyed by the public eventually returns to public ownership.

Mayor Wayne Redekop said the added protections and public access around the Friendship Trail are a significant improvement to what council had originally agreed to.

"I think it makes a good development even better," he said. "It's going to give us an opportunity to offer the public and expanded experience."

The revised subdivision will permit 55 lots for single-detached dwellings, 65 on-street townhouses, two semi-detached dwellings, and a multistorey condominium tower with 110 units at a height of 30 metres.

The site also includes an eastto-west and north-to-south wildlife corridor that will connect to the nearby Provincially Significant Wetland.

As well, Lakeshore Road will be closed near the lake, rather than connecting to the subdivision. Instead, access to the development will go off Bassett Avenue on the west side.

One condition of the settlement is the opportunity for CVFE to submit an expert opinion as part of the condo design process, with the hope of orienting the tower away from the woods to minimize potential bird strikes.

Another key issue for CVFE is maintaining good vernal pool habitat for the endangered Fowler's toad. The settlement will create a connected network of vernal pools that will funnel clean water to the southern end of the new environmental protection area.

Jacklin said the settlement represents a major victory, not only for the crucial environmental concerns but for historical ones as well, pointing to the site's link in the history of the bloody siege of Fort Erie, its connection to the Niagara Movement, which preceded the National Association for the Advancement of Colored People (NAACP) and its many thousands of years of Indigenous history.

The settlement stipulates the site will undergo a metal detection survey by a licensed archeologist to look for potential graves before any development commences. A special topsoil stripping technique will be used to prevent the disturbance of human remains.

"It's probably one of the most unique spaces in Canada," she said. "This is a huge win for anybody who cares about history, Indigenous

rights and the environment."

In a statement sent to Niagara this Week, Eric Henry, director of development for proponent Fruitbelt Development, said the design of the project was meant to enhance the natural features and provide homes for new residents. The settlement makes the plan even better, the statement said.

"We believe this settlement is a win-win for everyone, especially the environment and the people who are looking forward to settling in the Town of Fort Erie," the statement reads.

The statement also makes note of the significant costs savings gained by not extending Lakeshore Road.