CBS residents at odds with developer over proposed Anchorage Road subdivision

By Mark Squibb/January 27, 2023

A group of about 20 residents attended a public consultation session hosted by the Town of Conception Bay South Wednesday at the Town Hall to express their displeasure about a proposed 35-lot residential subdivision just off Anchorage Road, which would include a number of infill lots on both Anchorage Road and Minerals Road.

Chairing the meeting were Deputy Mayor Andrea Gosse, Ward Four Councillor Melissa Hardy, Director of Planning and Development Corrie Davis, and Black Diamond Construction representative Jonathan Cutler.

The meeting began with a quick overview by Davis, who noted the Town’ss Municipal Plan and Development Regulations would have to be changed in order to accommodate the proposal.

“No decisions have been made yet,” Davis said. “Council has just agreed to solicit input from the public, and this meeting is a continuation of that process.”

The original plan was to re-designate and re-zone land located at 240-258 Anchorage Road from Residential Low Density to Residential Medium Density.

Davis gave a brief history of the proposal, noting that several residents had submitted dozens of pages worth of written concerns, including concerns about increased flooding, loss of a rural setting, impacts on property, destruction of a waterway, increased traffic, loss of trees, and more.

Davis said the Town had contacted the provincial government’s Water Resources Management Division following complaints from the residents. That department said permits would need to be issued by the provincial government for development within 15 metres of a nearby brook. He added that 15-metre requirement is in line with the Town’s own requirement. As such, an open space conservation zone along the riverway was proposed, and the application was amended in the spring of 2022, the conservation zone included, and the amendment application submitted to the public once again.

Davis noted council also had “a right, that’s probably learning towards a requirement,” that any development in the area achieve zero net run-off.

“So, that means that the water that goes into the stream now from the surrounding landscape, the developer can’t add to it,” said Davis, adding a retention system may be necessary.

Despite the amendment, folks were still not too impressed with the application.

Davis, who, when asked by resident Jason Lundrigan about how boundaries would be determined in relation to the river, noted there was no flood risk mapping done as of yet and that “we’re operating on a concept plan right now, and detailed design only occurs when re-zoning is approved.”

Eileen Gamberg asked about the proposed lot elevation, and was told that information would not become available until the detailed design stage.

That comment did not sit well with Gamberg, who said she felt that information should be collected now, and not later.

“Elevation is very important here,” said Gamberg. “If you’re going to have a higher elevation than my land, I’m going to get a lot of run-off.”

Gamberg reiterated numerous times during the meet that the area is already susceptible to flooding, and the creation of the development would only lead to more flooding. She was particularly concerned that trees along Anchorage Road would be cut down, leading to increased flooding, and argued that Black Diamond would be unable to adequately meet the zero net run-off goal set forth by the Town.

She claimed that her yard in particular suffers from flooding due to the creation of a single lot back in 2021.

“The root systems of our trees were ruined, and we lost trees this weekend, and our driveway was impassable,” said Gamberg. “So, flooding is something I’m very concerned about. I’ve witnessed it firsthand, and it’s not fun.”

Another resident, Denise Pitts, claimed her home suffered thousands of dollars worth of flood damage this past year, and that the removal of trees for an elevated subdivision would only make matters worse.

Lundrigan asked whether the federal government would have to sign off on the project as well, as it impacts a fish spawning stream.

Davis said the new procedure (which he said he thought was a bad one) employed by the federal government is for companies to perform self-assessments and submit those findings to the appropriate department.

“So, the applicant actually has to go through an internal review process to determine what the impacts on a fish bearing habitat would be and how it could be mitigated,” said Davis.

Andrea Lundrigan, who along with husband Jason lives on the corner of Anchorage and Lockes Road and who also happens to be an environmental geoscientist, also expressed concerns about flooding.

She said she grew up in the area, and it’s historically known for flooding problems.

“We are in a flood plain,” affirmed Lundrigan. “We’re in marshy land, and in boggy land… when you look at that, and the current grade of the land, and you remove that natural vegetation, it’s just common sense that its going to increase flooding significantly.”

She added a significant amount of infrastructure would be needed to control run-off.

One light moment during the meeting that became tense and combative at times was Don Hennessey’s assertation that he can remember seeing a number of ducks floating down Anchorage Road one year following a flooding of the road.

Cutler, representing Black Diamond Construction, told the crowd he lived in Seal Cove and grew up in Kelligrews, and understood the concerns put forth by residents.

He noted most of the proposed lots actually already fit in the current zoning regulations.

He said that, as per the amendment, Black Diamond was agreeable to the 15-metre conservation easement.

The meeting went on for well over an hour, during which half a dozen residents made their concerns well-known. Deputy Mayor Gosse attempted to bring the meeting to a close perhaps three or four times, but residents continued to repeat their concerns at the hosts.

According to Davis the next steps to be taken on the project lie with council.

“The next big decision point for council is whether they will adopt the amendment, and if council were to start moving towards adopting the amendment, that would trigger a bunch of other things,” said Davis. “If council were to adopt the amendment, there would be a scheduling of a public hearing with a commissioner, who is independent from council. So, it would be another meeting similar to this, but instead of me and councillors sitting up here, there would be an independent commissioner who hears your concerns and makes a recommendation to council that council would have to consider. Council is not legally bound to accept the recommendation of the commissioner. Council would then have to make the decision whether to approve, reject, or modify the amendment.”

Following that, the matter would be reviewed by the provincial government, and only following provincial government approval would Black Diamond begin detailed design work.

One resident, Janet Forward, asked Gosse directly how council would come to make a final decision on the matter.

“We take all the information and we sit with our staff and we talk about it,” said Gosse. “We don’t pretend that we have all the answers, but we look to staff, we look to the details, and we ask the questions. There’s a lot of thought that goes into this, believe me. We’ll look at all the concerns. There are some real flooding concerns amongst you all here this evening.”

Once the meeting was called to a close, residents stuck around to share their concerns with the developer and with members of council, including councillors Christine Butler and Paul Connors, who attended the event but did not address the session.