By Michael Gorman
THE VANGUARD
NovaNewsNow.com
Maybe Yarmouth isn’t quite as small as some people think.
Staff with the town’s planning department cited a local businessman who’s operated a topsoil removal and sifting business at the top of Argyle Street for more than two years, for operating the business without a permit.
It seems the operator, Kier Anthony, was going about his business all along without anyone in the town’s planning office even knowing he was there.
The matter was up for debate during last week’s meeting of the town’s Planning Advisory Committee (PAC).
One of the main concerns for committee members was the impact of the operation on neighbours in the area as well as the limited amount of land left in the town for development. Staff noted that there is truck traffic that travels to and from the site.
“That’s my issue with it — the noise,” said Councillor Esther Dares. “I’m thinking of a line full of white sheets . . . just those little things that impact on our quality of life.”
Neighbours will have their chance to voice any concerns during an upcoming public participation meeting.
But if there are concerns, they would be new to Anthony.
Anthony told the committee that in the time he’s worked the field he’s yet to receive a complaint. In fact, the only interaction he’s had with neighbours to this point is when they come to ask for topsoil. As for noise, the machine Anthony uses for sifting attaches to the back of his truck and operates on a five-horsepower engine. It is this process, which constitutes processing, that puts Anthony in violation. (Staff in the planning office said they’ve received just one complaint about the operation and it was focused on the truck traffic.)
Upon notification from the town, Anthony stopped the operation until last week’s meeting. He’s back at it now as he waits for a decision on a bylaw amendment that would permit the operation within residential holding zones.
Anthony said if there were complaints he’d be happy to work with neighbours to address them. As part of the proposed amendments from planning staff, Anthony would have to build a buffer between the land he works on and his neighbours.
The land doesn’t actually belong to Anthony; rather, he pays an annual royalty based on what he makes to the landowner.
The land has about two more years of use left for his purposes, said Anthony. At that point he believes the landowner is considering some other kind of development and part of the agreement with Anthony requires him to repair the land when he’s finished.
In the meantime, Anthony was awarded the tender for the new high school site last week and he’s concerned about the possibility of that work being impacted by this situation.
As committee members seemed to be put to ease about Anthony’s operation, the other main concern that came to light was that a bylaw change would make other areas in town available for a similar operation, potentially in areas that would have more of an impact on neighbours than where Anthony is located.
“On that particular property you’ve got . . . it may or may not be a problem,” said Dares. “But it may be a problem on all the other properties that we would not be able to refuse.”
There are 15 potential sites in town that could meet the requirements for a similar operation. Arthur MacDonald, the town planner, said one solution could be to stipulate the need for a development agreement for such operations and he will investigate that option before the next PAC meeting.
