July 2023 -

A letter from LBHF & LOBA

Hello Members and Supporters,

Lake of Bays Association (LOBA) and Lake of Bays Heritage Foundation (LBHF) were disappointed with the September 2022 Ontario Land Tribunal (OLT) ruling in favour of the application of Langmaid’s Island Corporation (LIC) to redevelop this heritage site. LIC gained permission to develop 32 building lots on the island and 2 waterfront landings on South Portage Road.

Having said this, we achieved some wins that would not have happened without our participation as parties to the OLT process. The process had two stages: first, the three-week hearing in 2021 that resulted in the decision to approve development. A second hearing was scheduled to finalize the plan of subdivision, which falls under the authority of the District of Muskoka (DOM). Prior to the second hearing, each of the parties agreed to Terms of Settlement with LIC. A settlement hearing was held on June 7 and the OLT decision was issued on July 6. The Draft Plan of Subdivision is approved subject to the fulfillment of the conditions as detailed in Schedule 2 of the decision. 

The positive outcomes, from the perspective of LOBA and LBHF, include the following:

• Four blocks of lands on Langmaid’s Island are set aside as conserved properties. They include the two highest peaks on the island, the rock cliffs on the south end, and the two rock barrens. Easement regulations prohibit public access or use of the conserved lands. The boundaries of the conserved blocks will be clearly marked. The decision requires appointment of a recognized conservation body to ensure conservation in perpetuity.
  
• The decision includes several measures to protect the shoreline and tree canopy. It requires that lots have more shoreline and larger overall sizing than required under the Township of Lake of Bays official plan. Shoreline protection measures include 23 meter shoreline buffers (vs. 20 meters in the official plan); only limbing of trees is permitted in shoreline activity areas, unless the tree presents a hazard; the pathway from the shore is limited to a 2 meter width (may be 6 meters during construction, then must be revegetated).
  
• The Township is mandated to oversee character guidelines for all built structures.
  
• Implementation of recommendations in the Boating Impact Assessment and its provisions for access and services, including long-term ownership and maintenance of the mainland landings.
• To inform lot owners and future purchasers, an ecological expert will prepare a Stewardship Manual that explains the owner’s role and responsibilities as a steward of the island’s ecology. It will describe the history of Langmaid’s Island and its natural heritage area designation. It will provide details on appropriate development and construction restrictions. The Stewardship Manual will be approved by the District of Muskoka and given to every prospective lot purchaser at the time of offer. 
• A revised parking concept for the waterfront landings complies with municipal by-laws and provides the required number of spaces while adhering to all setback requirements.
• LIC has agreed that there will be no barging activity in the narrows on weekends and statutory holidays from July 1 to Labour Day.
• In all, thirty conditions must be fulfilled for final project approval to be granted. LIC has five years to clear these conditions, after which they would need to apply for an extension. 

We were unsuccessful in negotiating several mitigation measures that would have lessened the impact of construction on the neighbouring community. However, LIC agreed to provide a Letter of Comfort indicating a “promise to act as a steward of the community, working with trades to ensure that the neighbouring lands are treated respectfully and with as minimal disruption as possible”. This letter is a gesture of goodwill upon which we hope the local community and LIC will base a cooperative relationship as development proceeds.

It will be incumbent upon the District of Muskoka, The Town of Huntsville and the Township of Lake of Bays to stand firm on each condition of approval and future development. The opportunity for variances and amendments requests always looms, and we expect our municipal planning departments to stay true to the intent of the settlement. This is likely the last waterfront subdivision of this scale on Lake of Bays. Let’s get it right.

LOBA and LBHF have worked diligently on this file for over 5 years. Although we didn’t succeed in defending the Langmaid’s Island policy in the Township of Lake of Bays Official Plan, we measurably mitigated the impact of development on the island ecology and the surrounding community. Being at the table made a difference.

We thank the many donors who supported us through contributions to the Langmaid’s Protection Fund and the LOBA Action Fund. We could not have done this without your support and endorsement. 

Over time, 32 new families will join the Lake of Bays community. We should welcome them and lead by example so that they too will be good stewards of the lake.

Sincerely,

Judith Mills 

President, Lake of Bays Foundation

Wendy Gibson

President, Lake of Bays Association

Read the full decision→ 

June 2023 -

Parties Agree to Terms of Settlement With Langmaid's Island Corp

The Ontario Land Tribunal (OLT) divided the appeal proceedings for the Langmaid’s Island Corp’s (LIC) application to develop  Langmaid’s Island into 2 phases. Phase 1, completed in 2022,  approved the development of 32 waterfront residential lots and 2 conservation blocks. Phase 2 now focuses on the Plan of Subdivision under the authority of the District of Muskoka.

Phase 2 assesses the viability of individual lots, conservation easements, boating safety, and the adequacy of supporting infrastructure such as roads, parking, and waste disposal. A hearing was set for June 5, 2023. Parties to the process are Langmaid's Island Corporation, Lake of Bays Association (LOBA), Lake of Bays Heritage Foundation (LBHF), District of Muskoka, Town of Huntsville and Township of Lake of Bays. Prior to the scheduled June 5 hearing date, the various parties all agreed to terms of settlement.

On June 7, a Settlement Hearing took place, presided over by Tribunal Member Bryan Tuckey. He reviewed the District’s Conditions for Subdivision Approval as well as Minutes of Settlement submitted on behalf of each party. The next step is for the Member to review the proposed settlement and deliver a written decision.  When this document is released, LOBA and LBHF will provide details of the decision and a link to the final documents.

February 2023 -

Second Ontario Land Tribunal Hearing Scheduled for June 2023

It’s Not Over Yet

When Langmaid’s Island Corporation (LIC) filed appeals to the Ontario Land Tribunal (OLT) in November 2018, the Tribunal determined that the appeal would be heard in two phases. The first hearing would provide a ruling to either approve or deny LIC’s application to develop the island. If the Tribunal decision was to approve the development application, a second hearing would be held to determine the detailed lot plans, properly called a Plan of Subdivision, and any conditions that would need to be met for final approval to proceed with the development. 

The Decision

In September 2022, the OLT delivered its 105-page Decision on the appeal by LIC to develop Langmaid’s Island. The hearing was held in February 2021 and lasted 23 days. The Lake of Bays Association and the Lake of Bays Heritage Foundation were joint parties at the hearing, supporting the Town of Huntsville and the Township of Lake of Bays staff reports to deny the application. The development application was approved, and the Tribunal ordered the Official Plan, By-law, and Zoning amendments to allow up to a maximum of 32 lots on the island, and two mainland waterfront landings on South Portage Road. These amendments have now been adopted by the Township of Lake of Bays (for the island) and Town of Huntsville (for the waterfront landings). The Tribunal’s Decision included direction to proceed to the second hearing. 

What Happens Next?

As the ruling authority for all Plans of Subdivision, the District of Muskoka is tasked with drafting the Plans for both the island and mainland properties. The purpose of the second hearing is to determine the suitability of any “conditions” that need to be met by the developer prior to final approval of the Plan of Subdivision. For example, the second hearing will address details around the parking plans/capacity for the waterfront landings, how the development might be phased, mechanisms for stewardship of the conserved lands, and other issues of concern held by the parties, such as construction mitigation measures. The second hearing has been scheduled for seven days beginning June 5, 2023. 

The Good News

While we were disappointed with the Decision, we feel our participation in the process so far has resulted in some definite improvements to the original development proposal. The first lot plan we reviewed in 2017 showed 38 lots, no conserved lands and a dock and boat house in the Narrows. After public consultations the proposal was revised. At the hearing, evidence presented by the parties opposing the development resulted in some further important adjustments to the proposal to accommodate concerns. There are three directives in the Tribunal’s “Findings” that we believe are significant wins for LOBA and LBHF:

Conserved Lands

Two blocks of land encompassing the island’s highest peaks and the rock cliffs and barrens on the south end of the island will be protected in perpetuity by a conservation easement. The Tribunal also ordered that the six lots between the two conserved blocks whose rear lot lines abut, will have a limitation on tree removal 10-metres from their rear lot line. This will ensure a 20-metre natural connective corridor between the conserved blocks and enhance the scenic landscape.

Phased Development

The Decision has suggested that the development should be undertaken in two stages, with appropriate technical studies required prior to the commencement of the second stage. This provision was proposed to address the Tribunal’s expressed concerns about the potential for over capacity for parking at the waterfront landings and the increased vehicle and boating traffic the development will generate. The phasing of the development will be addressed in the second hearing.

Enhanced Shoreline Protection

The Bylaw amendment for Langmaid’s Island specifies that selective tree trimming, limbing and pruning for the purpose of views is permitted in the Shoreline Activity Area (SAA), however tree removal is prohibited, except for safety reasons. Trees and vegetation may be removed in the SAA only for the purpose of providing a maximum six-metre-wide, temporary construction access, which must be revegetated when construction is complete. After that, a maximum two-metre-wide pathway to the water/dock is permitted. This restriction on tree removal in the SAA is unique to Langmaid’s Island, and in the long term will result in a more vegetated naturalized shoreline than standard residential lots on the lake where 25% of the shoreline frontage can be cleared for the SAA, up to a maximum of 23-metres. The stricter policy for Langmaid’s Island is intended to re-establish, as much as possible, an undisturbed shoreline - one of the natural heritage values for which the Island was recognized.

The Island will remain identified as a Heritage Area in the Lake of Bays Official Plan, and the design and construction of all structures will be subject to “Character Guidelines” approved by the Township of Lake of Bays. It should also be noted that the property standards for the Langmaid’s Island lots meet or exceed the standards for new lot creation on Lake of Bays. Some examples are:

Looking Ahead

The environmental, servicing, and boating impact studies and peer reviews for this proposal were exhaustive. There are many recommendations in those reports that are critical to the protection of the environment and character of the lake. LOBA and the LBHF remain engaged and committed to ensuring that Langmaid’s Island Corporation, the District of Muskoka, the Town of Huntsville and the Township of Lake of Bays are accountable in implementing and monitoring an appropriate and sustainable development on this highly valued, heritage designated property and the waterfront landings that will service it.

Sept 16, 2022

Tribunal Decision - Phase 1

On Sept 12 the Tribunal released its decision. We are disappointed to report that the decision is to allow for 32 lots to be developed on the island. We are reviewing the decision with our lawyer and exploring our options regarding the next phase of the Tribunal process about the Plan of Subdivision.

While we are disappointed with the decision, we feel our participation in the hearing netted some improvements to the original development proposal. In particular there are three recommendations in The Tribunal Findings section that we believe are wins for the Lake of Bays Association and the Lake of Bays Heritage Foundation.

1.  A number of spaces on the island will be set aside as conserved lands. With regard to these areas, the Tribunal wrote: 

[193] The Tribunal hopes that the Applicant and the Foundation will continue to work together to determine an appropriate legal mechanism for the Foundation to become the long-term stewards of the conservation areas defined on the Island. There is no doubt in the Tribunal’s mind that the Foundation would steward these areas in the best interest of the residents, both island and the larger community.

2.  There has been some restriction placed on the removal of trees in the Shoreline Activity Area, but trimming, limbing and pruning will still be allowed. Further, regarding the preservation of views to the island: 

[166] Dr. Coleman opined that further way to preserve the views to the Island it to protect the rear yards of the proposed lots and restrict the removal of trees in this area. With the rear yard setback being 10 m, it was his opinion that this would greatly enhance the views to the island. On this issue, the Tribunal agrees. The preservation of the linear strip of treeline will strengthen the continuity and connectivity of this tree line between the two designated open space blocks, further enhance and conserve the cultural landscape and ecology. This directly relates to Dr. Coleman’s concern over the fragmentation of the conservation easements.

3.  And finally, paragraph 184 suggests that there could be two phases of development with a pause in between to reassess the impacts of development. Note that PofS stands for Plan of Subdivision.

[184] Therefore, the Tribunal directs that as a condition of draft PofS, Muskoka and the Applicant should determine the appropriate phasing of development on the Island along with the appropriate technical studies that will be required to fulfill this condition. The Tribunal heard that an appropriate phasing plan could include the development of 20 lots on the Island as Phase 1. A Phase 2 that would allow for the development of the remaining lots would be conditional on the Applicant submitting to the satisfaction of the approval authority with necessary technical studies to ensure that adequate parking, vehicular access, and boating volumes are maintained at an appropriate level. This condition and the requirements to satisfy the Tribunal may be considered as part of the Phase 2 of this hearing as required.

We thank all of you who supported the Lake of Bays Association and Lake of Bays Heritage Foundation through this appeal. As we review the decision and make plans on how to proceed, we will keep you informed.

Read the full decision→ 

April 23, 2021

A letter from LBHF & LOBA

Hello Members and Supporters

Thank you to the many people who supported the Lake of Bays Association and the Lake of Bays Heritage Foundation through the Local Planning Appeals Tribunal (LPAT) hearing regarding Langmaid’s Island Corp’s (LIC) proposed development of Langmaid’s Island. The hearing took place virtually from February 1 to March 5 and was presided over by LPAT Executive Chair, Mr. Gregory Bishop. We believe that the 60 or more people who attended the hearing each day gave Mr. Bishop an appreciation of the community opposition to this proposed development. We were well represented by our lawyer, Mr. Harold Elston, environmental planner, Dr. Derek Coleman and land use planner, Mr. Stephen Fahner. Additionally, we appreciated the support of the other opposing parties; The Town of Huntsville, the Township of Lake of Bays and Kelly Zytaruk; and the ten participants who wrote passionate letters opposing the development.

We have not yet received Mr. Bishop’s decision and no specific timeline for the decision was provided. In the meantime, we remain hopeful that there will be a positive outcome. 

If we are not successful and Mr. Bishop approves the LIC proposal to develop Langmaid’s Island, the Township of Lake of Bays Official Plan will be amended to permit the development of the island and the wording of the natural heritage policy governing Langmaid’s Island will be changed. A Phase 2 hearing would then be held to approve the Plan of Subdivision under the jurisdiction of the District of Muskoka. Many of the concerns identified by the Lake of Bays Association (LOBA) and the Lake of Bays Heritage Foundation (LBHF) throughout the hearing are details that would be addressed in the Phase 2 hearing, such as:

• mechanism for protection of conserved lands through a land trust or public body
• minimizing community impacts of parking areas, barging and shuttle operations
• conditions that will determine building envelopes for septic systems and structures
  

Protecting a Muskoka Heritage Area is an Expensive Undertaking

LOBA and LBHF have worked jointly to protect Langmaid’s Island since 2018 when LIC proposed a development of 36, later 32 lots. From 2018 to the end of 2020, we spent $100,000 in consulting fees to assist us in assessing the development proposal, providing our input to planning authorities, seeking party status for the LPAT hearing and guiding us through a mediation process. This cost was shared evenly with funds from LOBA’s Action Fund and the LBHF General Fund. In January 2021, in advance of the hearing, we launched a joint appeal for donations to the LBHF Langmaid’s Protection Fund. Based on the best estimates of the time required, we set a goal of $100,000 and were overwhelmed when our members and supporters donated almost $120,000. Thank you.

Due to the complexity of the case, the actual time spent was more than anticipated. We are satisfied that our consulting team did what was necessary to prepare for and represent our position as strongly as possible and we have no regrets. However, the total invoices were higher than estimated leaving a shortfall of $65,576 of which each organization is responsible for half or $32,788.

Considering our options

We have considered a number of options to address this shortfall including additional fundraising. However, if development of the island is approved and we determine it is in our collective best interests to participate in Phase 2, a further fundraising effort will be necessary to cover legal and planning advice, and representation. Therefore, our respective boards have approved using the LOBA Action Fund and the LBHF General Fund to cover the shortfall. We thank all our members for your ongoing financial support which allowed us to react nimbly in 2018 and to cover this shortfall now.

The Langmaid’s Protection Fund remains open until we know the outcome of the Phase 1 hearing. It is available if members would like to donate with the corresponding receipt for tax purposes which are mailed in January each year.

Sincerely,

Judith Mills
President, Lake of Bays Heritage Foundation 

Mary Ann Peden
President, Lake of Bays Association 

March 10, 2021

Hearing came to a close on March 5

After five weeks of intense proceedings, the Local Planning Appeal Tribunal (LPAT) hearing about the proposed development on Langmaid's Island came to a close on March 5.

Over 100 people viewed the proceedings online on the last day, up from about 60-80 on other days.

The Foundation and LOBA were well represented by our lawyer Harold Elston and four witnesses: Dr. Derek Coleman (environmental planner), Stephen Fahner (land use planner), Mary Ann Peden (LOBA President) and Judith Mills (Foundation President).  Both organizations believe that our objections were described well.  Additionally, the Town of Huntsville, the Township of Lake of Bays and Kelly Zytaruk were in accord with our position to the point that we were referenced collectively as the opposing parties. 

We are grateful to the many members who donated to the Langmaid’s Protection Fund, enabling us to cover our expenses for professional services.

We now await the decision of the hearing Chairman, Mr. Gregory Bishop.  It could take a few weeks or as long as a year. The decision will be either refusal or acceptance of the application. If accepted, a phase 2 hearing will address a myriad of issues related to barging, land conservation methods, shuttles, garbage disposal, etc.

To read the final submission by our lawyer, Harold Elston, click here. This public document contains our complete argument in about 80 pages. The first few pages suggest that the decision is about a public opportunity vs a private opportunity, and the consequences of supporting each opportunity. It is a complicated case: our hope is that Mr. Bishop will see the big picture and respond to the many potential negative impacts of the proposed development on Langmaid’s Island and the Lake of Bays community.

February 19, 2021
The Tribunal will reconvene on Friday, March 5 at 10:00am for closing submissions.

Log in instructions:

Online: https://global.gotomeeting.com/join/626183053
By phone: 888-299-1889 (toll free) or 647-497-9373

Access code: 626 183 053

Please remember to turn off your camera and mute your audio.

Parties to the appeal

• Langmaid’s Island Corp. - LIC
• Township of Lake of Bays
• Town of Huntsville
• Lake of Bays Association & Lake of Bays Heritage Foundation - LOBA/LBHF
• Kelly Zytaruk

Witnesses in order of appearance

• Bill Van Ryn, Servicing Engineer for LIC
• Dan Currie, Heritage Planner for LIC
• Gord Neilson, Aquatic Biology and Boating Impact for LIC
• Al Shaw, Ecology and Biology for LIC
• Michael Hannay, Visual Impact for LIC
• Stefan Szczerbak, Land Use Planning for LIC
• Al Shaw, Ecology and Biology for LIC, recalled for further questions
• James Dyment and Debra Walker, Land Use Planners for LIC
• Melissa Markham, Land Use Planner for Township of Lake of Bays
• Kirstin Maxwell, Land Use Planner for Town of Huntsville
• Derek Coleman, Ecology and Environmental Planner for LOBA/LBHF
• Stephen Fahner, Land Use Planner for LOBA/LBHF
• Mary Ann Peden for LOBA
• Judith Mills for LBHF
• Jennifer Alexis, Sustainable Development for Kelly Zytaruk
  
• Rick Esselment, Environmental Public Health for Kelly Zytaruk

January 29, 2021

The Local Planning Appeal Tribunal (LPAT) hearing

begins Monday February 1 and is open to the public

Here are the details on how to observe the hearing:

This hearing starts at 10:00AM on Monday February 1, 2021.  There are two ways to observe:

1) Log into the video hearing

The event will be held using the GoToMeeting service. Log into the video hearing at https://global.gotomeeting.com/join/626183053 at least 15 minutes before the start of the event to test your connections.  In all cases observers should turn the camera off and mute their device.

The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.  NOTE:  A compatible web browser for this service is Chrome. The Meeting ID Access Code is 626 183 053.  It's a good idea to access and set up the application in advance.

2) Telephone

If you have technical difficulties accessing the GoToMeeting application or wish to only listen to the event dial 1 888 299 1889 (Toll Free) or +1 (647) 497-9373. The access code is 626-183-053. 

Workplan

The Tribunal has set aside 25 days for this hearing.  A workplan identifying the daily order of evidence to be presented and cross-examined is available. It will keep you abreast of the proceedings.