August 27, 1998

To:Scarborough Community Council

From:H.W.O. Doyle

City Solicitor

Subject:Ontario Municipal Board Decision

Yellow Moon Homes Inc., Manson Lands

Lawrence Avenue East, Pre-hearing

Our File No. GHE3 10147

Purpose:

To advise of the decision of the Ontario Municipal Board with respect to the above-noted matters.

Recommendations:

It is recommended that this report be received for information.

Background:

In September, 1997, Scarborough Council refused the applicant's request for an Official Plan Amendment to reduce the size of an existing park and school site and an associated plan of subdivision. On June 23, 1998, the second in a series of pre-hearings into this matter was held before Mr. W. Lee of the Ontario Municipal Board. At issue was the timing of the clean-up of the subject site, which is contaminated with asbestos waste, and the date for the hearing. Although it is acknowledged by all parties that the site contains asbestos, the owner, Manson Insulation, has refused to prepare decommissioning protocols until such time as the land use issue has been resolved. In addition, the developer, Yellow Moon Homes Inc., was seeking an early hearing date in November.

The Board's decision was issued on August 18, 1998, and has determined that the hearing will begin on February 22, 1999, and is scheduled for three weeks. Furthermore, the Board encouraged the owner to begin communication with the Ministry of the Environment and Energy and the Ministry of Labour concerning the site clean-up. Although the owner is not required to have completed the clean-up process prior to the commencement of the hearing, the Board has encouraged the owner to begin the decommissioning process. A copy of the decision is attached hereto.

Contact Name:

Brendan O'Callaghan, Solicitor

Planning & Administrative Tribunal Law

Tel: (416) 392-7786

Fax: (416) 392-0024

H.W.O. Doyle

City Solicitor

Legal Services