Ontario Land Tribunal sides with Tomlinson, asphalt plant to be allowed at 8205 County Rd. 2

The entrance to the site of R.W. Tomlinson's quarry, located at 8205 County Rd. 2 in Greater Napanee. Photo by Adam Prudhomme.

Adam Prudhomme
Editor

Dale Chipman of the Ontario Land Tribunal has ruled in favour of R.W. Tomlinson, paving the way for a permanent asphalt plant to be established at 8205 County Rd. 2 in Greater Napanee.

Chipman released his ruling on Dec. 22, determining that the Town of Greater Napanee would have to grant Tomlinson a permit to operate an asphalt plant at the site, immediately adjacent from an active quarry currently owned by Tomlinson, just over a kilometre away from Springside Park.

“The Tribunal has determined that the applicable Provincial, County and Town planning policies have demonstrated that the proposed permanent HMA (hot mix asphalt) plant is a compatible land use, and that potential impacts related to dust, odour, noise and traffic can be minimized and mitigated in accordance with provincial and municipal requirements and best management practices,” reads Chipman’s ruling. “Therefore, this appeal is allowed, and the ZBA (zoning by-law) approved, subject to the conditions outlined in the draft ZBA and the Site Plan agreement.”

The proposed location of the asphalt plant has been a controversial one since Tomlinson first informed property owners near the site of its intentions in April of 2021. Residents opposed to the location of the site banded together to voice their objections, forming a group known as Keep Napanee Great, with founder Casey Wells speaking on behalf of the group at the tribunal, which was held virtually in August. Wells owns property near the proposed site and was among hundreds of residents who spoke out against the location of the site, citing concerns of air quality, noise, traffic, potential harm to the environment, loss of property value and its proximity to Greater Napanee’s downtown core and the Napanee River.

At its April 5, 2022 meeting, Greater Napanee council voted unanimously against Tomlinson’s zoning application. In May of 2022, Tomlinson informed the town they intended to appeal the matter which was ultimately brought before the Ontario Land Tribunal.

“We are naturally disappointed by the outcome, but our spirits are lifted by the overwhelming community support,” Wells told the Beaver when reached for comment. “Over the last few years, people from all walks of life came forward to donate their time, money, resources, and invaluable expertise and guidance, showcasing the true spirit of Napanee. These years have been a profound reflection on the unique qualities of our town and what makes it great. We remain hopeful and encouraged that this sense of unity, community and purpose will continue to grow and flourish.”

Greater Napanee mayor Terry Richardson said now that the ruling has been made it was time to work together.

“We did what we could as a municipality and we’ve gone through the process, so I think now is the time that we just need to work with our corporate partners and make sure that everything is done right,” said Richardson. “The time of disputing it I think is over, so now it’s time to work together.”

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