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The Oakville Beaver W eekend, Saturday March 25, 2006 - 5 Lawyer calls bird concerns a red herring Continued from page 3 Hearing officer Norm Jackson noted apartments are available to the west in Burlington and to the east in the village of Bronte. Palm Place also argued the high rises, screened by the trees along Lakeshore Road would enjoy natural amenities like being on Lake Ontario and adjacent to open space parks. "No one has demonstrated any negative impact of development of the site specifically to height," argued Devine, noting, "The fact that some people may see part of the building is not necessarily a negative impact, according to Mr. Cheatley." Devine argued character in the area is the trees, vegetation and natural area which would be aug mented with the planting plan and the trees to be saved along Lakeshore. Palm Place also argued the "socalled deal" which the town coun cil struck with New Province Homes when, in return for woodlots that added to the required five per cent parkland dedication and the early inclusion of a lakefront walkway along the Shell House property, it credited New Province with parkland dedication (not development approval) for up to 300 units on the lakefront land. Devine said, "It identified on the part of the town consideration of high density" and noted "choic es the town made in processing New Province Homes applica tions." Palm Place lawyer Michael Kovacevic argued a concern over destruction of migratory bird habitat was really a red herring. Kovacevic told the OMB evi dence showed only eight migrato ry birds stopped at the site a day during a 15-day study conducted by Conservation Halton and Palm Place experts. He noted it was a good year for migrants spotted in Ontario. The lawyer also argued a broader comparison of how the site worked with the remainder of Oakville should have been done in order to make a finding that the property is significant wildlife habitat. Kovacevic noted the impor tance of surrounding area should also be viewed with skepticism since much of the important grassland area for breeding birds had been destroyed with the arrival of the Lakeshore Woods subdivision. "As a result of the habitat change because of the New Province Homes subdivision, the site is not functioning as an See Oakville page 10 Is this the kind of person youwould want arranging your funeral? \oca\ fam'aS'\ncentWesan d sa'eS .tfc motwated he\p^'oersons B y S te v e N e a s e snease@haltonsearch.com When considering a funeral home or cemetery, consider this... Our locally-owned, independent funeral homes have just one responsibility: to sen/e you and your family with all the caring and compassion we would want for our own family. We report to you, not to some large corporation in a far away state or province. Please consider consulting any one of our family-owned firms before making your choice. We think you'll be glad you did. SA M M Y! fbR T H E LA STTIM E, TtAUP! I'M UP' JUST ** N O TV E R T IC A L L GET UP/ W ARD · F u n e ra l H o m e S till F am ily O w n ed S in c e 1 9 1 4 104 Reynolds Street, Oakville 9 0 5 8 4 4 -3 2 2 1 KNAR i we're celebrating T h e Dazzling Jewels of Hollywood A r t and The O sc a r Stars W h o Wear Them! You are cordially invited to visit Knar Jewellery from M arch z^th until April ioth to view and try on the Academ y Awards Couture jewellery Collection by Hearts on Fire - the world s most perfectly cut diamond. .Wear the same glamorous jewels that many of the stars actually wore on the red carpet. Such a s . . . Desperate Housewives: Ten Hatcher, Nicolette Shefidan, Felicity Huffman, M arcia Cross, Eva Longoria and other famous celebrities like )oan Collins, jane Seymour, Deborah Messing, Bai Ling and, of course, S c ie n c e L ife B e a u ty C o n f id e n c e DENTAL SU B G EQ N Dr. Stephen Phelan G eorge C lo on ey have all worn diamonds by Hearts on Fire. Practice Limited to Esthetic &Implant Dentistry (B rin g y o u r ca m e ra fo r y o u r o w n g la m o u r s h o t!) 1500 H eritage W ay O akville, O n t C all U Sat 905.827,1619 w w w .sm iletorem em ber.com Old Oakville Market 321 Cornwall Road, Oakville, Ontario (905) 8 1 5 -8 7 7 7 www.knarjewellery.com