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School board contends lighting not subject to site plan approval 7 · OAKVILLE BEAVER Wednesday, October 21, 2009 Continued from page 1 We build strong kids, strong families, strong communities. adult work Limited to ONE free per year. out pass per person OB091021 JOIN NOW! All-inclusive membership Active kids' programs while you work out! Wiggles & Giggles Climbing & Belay Lessons Swimming Lessons the municipality has the right to impose site plan control on the matter," explained presiding OMB Member Peter Atcheson, who said the hearing would not consider the merits or drawbacks of the proposed field lights. If the town prevails and a site plan process is required, residents will have the opportunity to express their opinions on the lights at that time. The school board was represented at the hearing by Toronto lawyer Rick Coburn, who argued that adding the light standards does not amount to development of the property, so the town does not have the right under the Planning Act to impose the site plan process on the matter. "Our interpretation is that if you put up a building, you have to go through site plan approval," said Coburn. "A lighting system is not development under Section 41 (of the Planning Act), so it's not subject to site plan approval." Leo Longo, a Toronto lawyer representing the Town, argued that six 70-foot light standards are structures that are covered by the provincial Planning Act. "It's not only common sense, but the Town's zoning bylaw that classifies such as a structure," he said. He added that even if the lights weren't technically structures of development, the school board would still need to go through the site plan process to modify the existing site plan it consented to when originally constructing the school. Longo equated site plan agreements from 1985, when the school was built, and 1988, when an expansion was undertaken, as binding contracts describing how the property is to be maintained. "It is our position that the addition of six light standards is not permitted under these two plans," he argued. "If you wish to do something different, you must get a revision." He added the site plan process would allow the municipality to consider the function, design and placement of the lights and mitigate potential problems before they might arise. Longo cited a 1988 Town Council resolution as evidence that the town had previously determined that lights should not be added to the field. In conjunction with a decision to contribute to the cost of building the track at Loyola as a joint use field, Town councillors included a sentence in the motion declaring, "No provision for lighting be made." Coburn argued the council resolution could be interpreted to mean that councillors were opting to make no provision of funding for field lighting that was proposed, but never undertaken in 1988. Atcheson will issue his decision at a later date. KEEPING SENIORS INFORMED Our LivingW e l l Events are Open to the Public Monday, October 19th @ 3:30 p.m. Wine Tasting ... Stoneyridge Winery Refreshments to follow Tuesday, November 3rd 7:30 p.m. Musical Salute to Our Veterans Monday, November 9th 1:00 p.m. Lunch and Learn Travelogue Belgium and Switzerland Delmanor Glen Abbey is Oakville's premier retirement residence for active adults. We emphasize independence and individuality in a community environment that promotes an active mind and a sound body. In short, we believe in LivingWell and we'd like you l to join us. All the events are free of charge. Just call 905 469-3232 to reserve your spot. People's Choice Award Winner 4 Years in a Row... Thank You Oakville! TM 905-845-3417 410 Rebecca St., Oakville, ON L6K 1K7 E-mail: customerservice@oakville.ymca.ca Bring this ad to the get and YMCA of Oakville out Pass. a FREE Adult Work 4, 2009 s Nov. Offer expire 1459 Nottinghill Gate just south of Upper Middle, west of Dorval