Heather Wright/The Independent

A Petrolia developer has made another pitch to build homes in a woodlot in Countryview Estates.

But the Lambton County planner advising Petrolia on the file believes at least half of the woodlot should remain intact.

The subdivision plan was approved in 2007 and included 72 homes in the woodlot in the fourth phase of the housing development. Over the years, the town designated that part of the property as a significant woodlot. Elbee Developments came to council in 2021 to move head with the homes in the trees and the town council removed the woodlot designation. 

But neighbours in the area went to the Ontario Land Tribunal in 2022 saying studies done by the developer were not detailed enough. They said there were endangered species present.

The OLT sided with the neighbours ordering the developer to complete an Environmental Impact Study if they wanted to remove up to three-quarters of the what was then called a 17-acre woodlot.

The study is now complete and shows there are endangered trees – the Butternut and Black Oak – and an endangered Little Brown Myotic bat was also recorded on the land.

The study also found the area to be 22 acres – not 17.

So, Elbee went back to the drawing board and created a phase of development which will allow 34 homes in the eastern half of the property. An 18-meter buffer of trees would line the properties and there would be a 25-meter buffer around a mature Butternut tree in the area. 

It would still mean removing about nine acres of trees. The developer planned to reforest another piece of property about the same size, which is cradled by Bear Creek. Elbee would also have to pay compensation for the removal of the trees and part of a wetland also located in the woods.

Neighbours voiced concern about that plan saying the floodplain of Bear Creek wouldn’t allow the new trees to flourish and it is better to maintain an established woodlot than tear it out and plant a new area. “The EIA has highlighted the key importance of this natural heritage feature, being home to several species of risk, both endangered and of special concern, and located above a highly vulnerable aquifer and groundwater recharge area. If left alone, this natural heritage feature will continue to thrive,” Sharon Wilson said in a letter to council.

While Planner Trevor Benjamin agreed with that portion of the plan, he wanted the land use on the west portion to change from residential to Environmental Protection. “I felt that the west half should be further protected than what it is,” he told The Independent. “Single-detached homes are not permitted within the Environmental Protection zone, so they’d have to get a rezoning or something at a later date if they wanted to build.”

David Bratanek of Elbee disagreed during a public meeting on the plan. “Adding Environmental Protection on the remaining woodlot is unnecessary at this point,” he said. “We’ve always been open and transparent with our plans to continue to develop the property, and are wary about the possibility that the public may see that as a signal that the rest of the woodlot will never be developed.”

Deputy Mayor Joel Field suggested instead of the Environmental Protection designation, the town should place a Hold on the land to delay development until specific conditions are met.

Town council will consider both zonings during the Nov. 10 meeting.