Christine Whelan FEO, May 26, 2022, VOL. 3 ISSUE 20
On May 12, the long-awaited tribunal hearing, deciding the future of Waverly Woods, came to an end after days of intense negotiations. Community Voices of Fort Erie (CVFE) announced a settlement had been reached and a press release was out by sundown.
CVFE are calling it the second battle of Snake Hill, and they couldn’t have done it without the community.
Leading up to the April 25 hearing start date, several community meetings took place, led by CVFE. As CVFE learned information about the hearing process, they then shared it with the community so that when April 25 arrived, all interested parties could be informed.
Appropriately scheduled on Earth Day, Friday, April 22, community support was demonstrated as 55 residents of all ages, carrying colourful and creative signs, gathered for a peaceful rally in support of saving the last urban forest and the only place left for families to enjoy nature’s treasures in Fort Erie at the Lakeshore entrance to the woods. Wayne Gates, MPP, showed up in support. Members of the community who had only met on social media through this journey, met in person during this event, and their friendships and support strengthening.
The next day, the Kinette Club of Fort Erie hosted a clean up at Waverly Woods / Beach. Several residents either showed up or returned from the day before to pick up garbage, leaves and sticks. Mayor Redekop made an appearance.
That following Monday, the hearing began.
Regular posts were shared on the Save Waverly Woods Facebook Page throughout the days of the hearing, keeping community members updated and informing those interested in dropping in virtually to watch when the better times to watch would be.
I had set up an interview with Marcie Jacklin, CVFE’s President, the morning after the announcement. It was a busy and exciting time for her. That morning, she had already been interviewed on the radio with Newstalk 610 CKTB and during the minutes we spoke on the phone, she received two calls from other media sources.
Reflection
Marcie remembers when it all began. She and a group of friends went to Waverly Woods on October 30th, 2017. “We were out birding and we just looked up at the sign and couldn’t believe it.” The sign was the notice of development.
They quickly went into action. “First, we brought somebody in who’d fought for this kind of cause before to come in and speak to a group of people who showed up at a meeting we invited interested residents to. There were over 50 people at that meeting. We began investigating more about what was happening. That was in early 2018.”
Jacklin continued, “We went to the public meetings. We brought concerns. A few things were addressed but not the big picture issues. Some of the members of this group gave presentations to the Town at Council Meetings.
“After the proposal was approved, I placed an appeal on behalf of the group.”
“We came up with our name, Community Voices of Fort Erie Inc. (CVFE), incorporated, and got the lawyer all around the same time, at this point.
“When we started the process of appeal, that’s when COVID hit.” Marcie said the pandemic was the bulk of the delay. “We had a hearing scheduled for the spring of 2020. That never happened because things shut down.”
The Impact Of The Community
This was not an actual, physical attendance but a virtual attendance. “I could see how many people were watching virtually at one time. I would say, throughout the course of the hearing, there were 35-55 people on at one time. Over the course of the day, there were probably 60-70 people.”
Jacklin explained how some people would jump on and off throughout the day and there would be a rise in watchers at times she posted on their Facebook Page about an important part coming up.
Marcie wanted to make it clear that the community made quite an impact. “The community’s attendance at the hearing was very important. The Facebook Page, where we have over 900 members, was very important. The petition site where we have over 9,300 signatures was very important, very influential.”
She added with gratitude, “It’s going to take me a long time to thank everybody because I have over 9,400 people to thank.
“This is a win for the community. To have such a committed community, our CVFE Board of Directors and friends of the Board, all working together, was crucial.”
Settlement Points
The parties reached a deal that will see a significant increase from 2.8 to 3.4 ha of Environmentally Protected lands on-site, the closure of Lakeshore Road near the lake, the creation of vernal pools for amphibian breeding and an increase in the setback of the proposed tower from Waverly Woods.
Community Voices of Fort Erie is pleased with the additional protection and wildlife connections.
Jacklin shared, “Our experts recommended the settlement and a number of additions to the development that will improve conditions for the Fowler’s Toad, Red-headed Woodpecker and other important species. This was our primary motivation all along in launching the appeal.”
David Donnelly, counsel to CVFE, stated, “The hearing presented a number of challenges that made this settlement more attractive. There was no guarantee that additional Environmental Protection lands, vernal pools or road closures would have occurred without the settlement. CVFE has set Waverly Woods up nicely for a re-birth”.
The revised subdivision will permit 55 lots for single-detached dwellings, 65 on-street townhouses, 2 semi-detached dwellings, and a multi-storey condominium tower with 110 units at a height of 30 metres. The site also includes east to west and north to south wildlife corridors that will connect to the nearby Provincially Significant Wetland.
One condition of the settlement is the opportunity for CVFE to submit an expert opinion as part of the condo design process. CVFE would like to see the tower oriented away from Waverly Woods, in order to reduce the possibility of bird strikes against the tower.
Another key issue for CVFE is maintaining good vernal pool habitat for Fowler’s Toads, an endangered species historically present at Waverly Woods. The settlement will create a connected network of vernal pools that will funnel clean water to the southern end of the new EP area. It is now up to the Town to determine if this system can be connected to the badly needed Fowler’s Toad habitat as part of its commitment to restore the area and Friendship Trail.
Important protections for archeological and cultural heritage resources are also included as terms in the settlement reflecting the site’s status as a key link in the history of the bloody siege of Fort Erie. The entire 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.
Finally, the settlement leaves open the possibility that fencing along the Environmental Protection zones and permits for endangered species habitat loss will need to be obtained before the development can move forward. CVFE is hopeful that the remaining habitat will support at least one breeding pair of the endangered Red-headed Woodpecker.
It’s Not Over
Marcie said she’s been getting a lot of questions from the community now that the hearing is over. “What people need to know is the written decision with a lot of the background information won’t come out for two or three months. When it comes out, we’ll put it up on the Save Waverly Woods Facebook Page. The Ontario Land Tribunal will put it up on their website, as well.
“There’s still a lot to do with the Town. So, it’s not over. And there’s still some impact the community can have.”
When talking about how the community can continue to support, Jacklin suggested, “Keep watching the Save Waverly Woods Page. We’ll post the details.”
Moving forward, “There’s going to be some plans, some cultural recognition and management plans. There is this innovated vernal pool that’s going on that we may need support from the community to ensure that what we agreed to is followed through.”
Donations are still very much needed and appreciated. To donate, go to the Facebook Group, Save Waverly Woods for the GoFundMe link.
Marcie is very focused on keeping things peaceful moving forward, working with the Town.
“It’s been quite a journey.” We talked about the importance of a little post-hearing self-care. As we wrapped up the call, Marcie shared that she was planning to head out on a well-deserved trip to Port Pelee for a little birding.
