Christine Whelan, FEO March 31, 2022, VOL. 3 ISSUE 16
Community Voices of Fort Erie Inc., a group of environmental activists, filed the necessary paperwork to challenge the development of Harbourtown Village when they found that the 14.8-hectare property for a residential subdivision would greatly affect Waverly Woods, what they describe as “a natural treasure,” which has now been identified by the Ontario Field Ornithologists (a group of experts on birds) as a “Hotspot for Birds” in the Province.
This development would permit a range of residential uses along with areas of open space and environmental protection. It includes 86 single detached lots, blocks for 96 street townhouse dwellings, one block for a 10-storey apartment to accommodate 103 dwelling units, a block for stormwater management facilities, and a block for environmental protection.
A petition was set up with these words of introduction. “A subdivision has been proposed at Waverly Beach/Erie Beach called HarbourTown Village. We object to this proposed subdivision based on the following criteria: This location is used as a connection to nature for many Fort Erie residents and has been for many decades. It has historical significance and may contain important artifacts. It is one of the few remaining spring migratory stop-overs for birds in the Niagara region. This site is used by Red-headed Woodpeckers, bats, pollinators and other threatened species for feeding and breeding.”
As of March 24th, the date of the Community Information Meeting: Why Save Waverly Woods was scheduled to be held via Zoom, there are 9,099 petition signatures. The goal is 10,000. “Of course, not all of them are from Fort Erie but most have visited the woods at some point or maybe grew up in the area and moved elsewhere.” It’s not just a love felt by Fort Erie.
THE HEARING
On April 25, 2022, after four years of assessment and protest, a Local Planning Appeal Tribunal hearing will take place that will decide the fate of Waverly Woods. The hearing, which is expected to take several days, will be open to the public. However, it will be virtual.
Jacklin explained. “The decision had to be made by the Tribunal in February because it impacts everything that has to be done to set up the meeting, and it was decided to be virtual as it was not known what the situation would look like in April.
“What we want for the hearing, is a physical space where people can actually gather and watch together, preferably at Town Hall because normally the hearing would be in Council Chambers and it would be open to the public.
“We are going to do a little talk at the beginning, covering important points about the property and an explanation and update of the hearing process.” Marcie added that the process is very ‘legal’ and confusing.
To those who are thinking of getting involved, Marcie stated, “We are asking those to register, and when they register, they need to submit questions. We’ll try and field questions, everything we can.”
The hearing will be accessible on YouTube so if it is missed, it can be watched at any time. “But what we would like, is if people could gather each day of the hearing.
THE PRESENTATION
The presentation that will be made at the hearing consists of three pillars — History, Environment and Community Asset
History
According to Jacklin, the historical pillar of their presentation is critical.
“The historical aspect has become far more significant than I originally thought. I know people told me, at the beginning, that the land was really important historically, but people sat me down and explained what happened on the land. Of course, as a librarian, I responded with, ‘Where’s the documentation of this? I need to see it in writing.’ The more I read and searched, the more I found. And I realized, this is a pretty special place. This includes Indigenous history. It is considered one of the most significant woodland era Indigenous dig sites ever.”
Marcie talked about a more recent concern. “There have been numerous archeological studies on the property but not many in that northwest corner, at Dominion and Bassett Roads. This is stuff that would have come out at the hearing. That corner is likely where the British retreated when the Americans chased after them, after a battle. No one knows for certain until the archeological work is done. And this is what’s really disturbing about it. We thought they couldn’t touch it for several reasons.
“The construction crew said the space is needed to park their equipment for widening the road but from what we understand, that was not the only place they could have chosen. We don’t know if the crew has been warned.”
The crew is not digging but clearing the area, breaking soil, Marcie said, several centimetres.
There was an amusement park on the land that began in 1885. The last season of the Erie Beach Park was 1930, a casualty of the stock market crash of 1929. The casino was torn down in 1976 after standing abandoned for decades. Today, ruins of the park can be seen throughout Waverly Woods.
Environment –
According to Marcie, the region has an environmental conservation overlay and environmental protection on part of it. “Because it has those designations, the developer can come in, but had to do an environmental impact study.”
In the Environment Impact Study, paid by the developer, it states that trees will be damaged during construction because the condo is going to be so close to the trees,” says Jacklin. “Lakeshore Road will be extended, punching right into the woods, and then it’s going to swing a little bit to go into the condos.”
It’s also an unevaluated wetland. “There’s a lot of connectivity with the provincially significant wetland. I’ve got videos and photos of connectivity.”
This pillar also includes the wealth of information gathered to show the wooded area is a site of wildlife migration, feeding and breeding.
Community Asset
Marcie explained, “Waverly Woods is considered a community asset for several reasons. It connects with our wellness, it provides an indirect savings of money to the community, for instance, flood mitigation, the trees provide oxygen for us, it’s a place for family and pets to escape life’s stressors and educate ourselves and children about nature and wildlife.
THE WITNESSES
Marcie began, “Sometime last year, both teams mutually agreed on the issues list. There were a number of questions. We’d already had some experts by then. Since then, on both sides, there are further experts, probably based on those identified issues. Our experts or witnesses, which is the legal term, went through the list of issues.
“On Friday, March 18th, we exchanged witness statements.” Marcie explained, “We now have the documents they have written up.”
She admitted, “It’s the dream team. This is what I call them.” They’re all coming forward because they think this is a worthy cause.
“We have our lawyer, David Donelly, who’s one of the best Canadian environmental lawyers. He’s called environmental royalty. We were so surprised, and so happy.
Jacklin identified a few witnesses. “We’ve got Anne Yagi who’s the President of 8 Trees Inc.. She retired as Senior Ecologist for the District of Niagara after 35 years in 2016. Nobody knows Niagara better than Anne Yagi. Her daughter, Dr. Katherine Yagi, who just got her Ph.D. in Fowler’s Toads, is also one of our experts on our team.”
“We have Dr. Bill Rapley, retired Executive Director of Conservation, Education and Wildlife for the Toronto Zoo. He had a 36-year career there in various positions. He’s our Ornithologist.
“We’ve got Mr. Richard Feltoe who is a re-enactor and has written several books on the War of 1812. He knows the area like the back of his hand. One of his books, Ashes of War, covers the battles we are most concerned about. the Seige of Fort Erie battles, particularly the one on the night of August 14 to 15, 1814.
“And we’ve got Dr. Joe Whitehorn who wrote While Washington Was Burning, which also covers the Seige of Fort Erie and other events happening. He’s actually an American military historian and retired professor. He was also involved with the dig at Snake Hill. He’s got some pretty interesting information.”
RESIDENT SUPPORT
Marcie commented that she has had people approach her, asking if a peaceful gathering would be a good idea. “I let them know I think it’s a great idea if they organized it. My plate is full.”
She has also been asked if she thought it would be helpful for residents to make signs for their lawns in support of the days prior to and during the hearing. She agreed that people can support in creative ways, as long as they’re peaceful.
Marcie wrapped up our talk with, “You know, Waverly Woods is the heart and soul of the community. It’s the last urban forest in Fort Erie, close enough where the community members can bike, walk and take a bus too. We’re not doing this for us. We’re doing this for our grandkids, and everyone else’s grandkids.”
At this time, Marcie can’t go into the woods. “Anybody who went to the first management meeting for the appeal was asked by the developer’s lawyer to sign a sheet of paper with their phone number and email. We all got an email saying we couldn’t trespass on that property. So, anybody in the world can go there, but we can’t.”
To donate to help save Waverly Woods, go to www.gofundme.com/f/save-waverly-woods
You can contact Marcie Jacklin and the Community Voices of Fort Erie, as well as follow the events as they play out on Facebook by searching the group, Save Waverly Woods.
