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www.oakvillebeaver.com The Oakville Beaver, Wednesday October 4, 2006 - 11 Private tree bylaw cut down for clear cutting control By Angela Blackburn OAKVILLE BEAVER STAFF Backing off a private tree bylaw, Town Council will try to come up with a clear-cutting control bylaw. Town Council opted to pursue the new bylaw Monday after shelving a draft private tree bylaw that outraged many residents. Acrimony arose as the proposed private tree bylaw took aim at clear cutting for development, but upset private residents who viewed it as a tax grab and infringement on their rights. It even sparked a new group, No Tree Bylaw is Necessary (NTBiN), that grew quickly through an e-mail and website campaign -- growing even from 617 members last week to 692 by Monday. NTBiN co-founder Glen Herring repeated what he told last week's committee meeting, using the new numbers, "We are here to say no and we are 700 strong." "We are not a sideshow, we are not some redneck, crypto U.S. property rights group, we don't carry chainsaws, buzz saws or hacksaws," said Herring, referring to some e-mails apparently received since last week. "We are your neighbours and friends," he said. This time around, the Town will take its time, do its homework, do more consultation and take aim at the right target. Though NTBiN wanted documented reporting from the Town on the severity of clear cutting, many residents took to the podium, including Chris Hughes, a board member of Oakville Lakeside Residents' Association, with photos and reports of clear cutting for development in his neighbourhood. Last week some Chancery Lane residents reported nearly 20 trees had been removed by a homeowner for a pool. Council heard that even with a private tree bylaw, residents would have been allowed to remove trees for expansions or additions. Council even heard from one NTBiN member, Pat Melhuish, who said she'd changed her mind because she now realizes clear cutting is a problem. She also noted people were cutting down trees to avoid the permit fees. "Trees are falling like drunks all over town as people rush to beat the bylaw," said Melhuish. Catherine Kavassalis reported more and more municipalities across North America are enacting tree bylaws -- private and public. There were many delegations, much wordsmithing, several challenges to the meeting's chair, several different recommendations and much pontificating, before council voted for a motion put forward by Ward 3 Councillor Chris Stoate. "What if we said you can't paint your house blue because we don't like blue?" Glen Herring, NTBiN co-founder At last week's Community Services Committee meeting Stoate was a standout dissenter as the committee voted to nix the proposed private tree bylaw and seek other means to cut down on clear cutting. By Monday's council meeting, it became clear that Stoate's reservations were founded and no fine could be levied as a deterrent without a bylaw. Despite a public aversion in some quarters to any pursuit of a "bylaw" in regard to private trees -- and councillors shying away from the wording based on that public sentiment -- the public, on all sides of the issue, did agree clear cutting is a growing problem that needs to be addressed. Stoate himself represents east Oakville which is already seeing more and more blue skies, and neighbours, as large lots are severed, and become home to several houses or monster homes. That trend is expected to continue across town as the Province calls for intensification such that 40 per cent of the new growth headed this way must be accommodated in existing neighbourhoods. Stoate's motion, dubbed a request for a clear cutting control bylaw, attempts to separate homeowners or small businesses pruning trees or removing dying ones on their properties from developers, who often clear cut before heading to the Town's Site Plan Committee, which then can't do much to preserve trees on the site -- and even homeowners who clear their lot, then sell to developers. Trying to get to the right target -- with the right tool -- left councillors in a quandary. Stoate's motion helped by acknowledging the public concern about the draft private tree bylaw. His motion returned the issue to staff for further investigation and consultation on a new bylaw targeted at large-scale removal of healthy trees rather than the removal of small percentages of unhealthy, dangerous or dying trees that are reflective of circumstances normally incidental with home or small business ownership. Ward 6 Councillor Janice Wright successfully had her peers include provisions that would protect heritage or important species of trees. Staff will report back on the whole thing in 2007 -- with an interim report in March. Sandelowsky noted balancing individual rights and the greater community good is not easy. She asked Herring how he perceived bylaws governing noise, property standards and backyard fires. Herring said eroded rights are usually cited as a reason to erode more rights. He also noted the noise bylaw governs people's right to free use of their property -- and he didn't see why their freedom with their own trees should be curtailed. "What if we said you can't paint your house blue because we don't like blue?" asked Herring. Sandelowsky favoured a private tree bylaw as the community has a right to a healthy environment. Elgar noted 700 acres of woods have been destroyed in Oakville over the last 23 years. "There's been a fair amount of development in Oakville over the last 23 years," said Herring, adding, "I live in Glen Abbey where it used to be farmland. There are a lot more trees there now than there were." Liz Benneian, of Oakvillegreen Conservation Association Inc. and Ground Breakers, said her groups don't favour anything that would heavily penalize residents caring for their trees, but noted the environment is "suffering a death of a thousand cuts." -- Angela Blackburn can be reached at angela@oakvillebeaver.com. LLE KVI OA Sorry, No Rainchecks While Quantities Last. W 2006 OF BRAND NE RAND ZUKI G SU ITARA V of Oakville 2219 Wyecroft Road, Oakville, ON L6L 5L7 905-469-2429 · Toll Free 1-866-229-3897 fax 905-469-4562 www.suzukioakville.com ll ontrol, fu stability c ic l, electron differentia ore. lip Limited s nd much m FROM 4 WD a time $ 149 97* $ 9,995 1 * * Lifetime oil change with every purchase.