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0MB Whltby Free Prous, Wednosday. February 1,1995, PaGe 17 p re- hea..,ring uniderway. Cha imies that biologist can be witness By Me Kowalski Round one in the fight ta, stop the proposed Lynde Shores bous- ing development bas gone ta the apponents. A consultant wbo had input into a study prepared for pro- pments of t he contraversial Mro- Ject in southwest Whitbywii be allowed ta testify for te otber aide. Ontario Municipal Board <0MB) chair D.S. Ca ebourne bas ruled that biologist Michael Michalski can be called as a witness for the Save Lynde Marsh (SLM) citizens committee when the 0MB bearing is held later this year. Coiebourne's decision was deli- vered Friday following the start of a pre-bearing conference inta objections ta the. proposed deve- lopment. SLM and Whitby residents Frank and Suse Eggert have bath appealed Town council's approval af subdivision plans for a planned cammunity af 5,000 people and nerby industrial park east of the Lde ree Marsb. nd re The Rose Corporation, the pro- vincial governient (through the. Ontario Realty Corp.) and Dur- bain Region are the principals behind tbe three different com- ponients of the Lynde Shores project. Rase .Corp. and the. province are involved in te hausing aspect, whule Dunham Region hopes ta dev.lop the industrial park. Their opponents contend that development Will be detrimental Group meets (Wednesda), 7 p.m., YWCA, 1ieG gorSt., OeU il lii at 725-1683. Support tonigbt at the. O"hwa. ta the environmentally sensitive marsh, the largest remaining wetland between Hamnilton and Oshawa, 1Used primarily ta expedite pro- cedural and other matters prior ta a farinai 0MB bearing, the pre-hearing cnference got under way in te Witby council cham- bers last Wednesday. Lawyers represEnting ail six parties- involved in the appeal were on hand ta try ta resolve issues that could belp shorten the length of the evenuai hear- i% tif Wednesday's session' was aniy indication, it could b.' saine turne before a decision is handed down in the dispute. Rase Corp. solicitor, Stanley Stein objected ta SLM lawyer Stanleyllindson's plan ta cal Michalski as a witness. Stein argued that Micbalski's involvemient in an environnental study prepared by tih. developer made hlm ineligible ta testify fo r SLM. Prepared by consultants Hough Stansbury, the open spaoe nmaster plan plays down conditions for maintaining a buf- fer zone between the marsb and proppsed developinent. "This mnan advised on the. water quality nmonitoring pro- grani,» said Stein. "He gave positive feedback on aur cient's p)roject. He's a poten- tial witness I may want ta cal.» Hindsan countered that Michalski's participation was limited to, a haîf-hour telephone conversation with an associate who helped prepare the report cited by Stein. Hindson conceded that. Michalski's suggestion was incor- porated in the repart, but said the advice was of such a techni- cal nature that it could not b. refuted, even if Michalski attenipted ta do so. «He s not going ta change that evidence, that's been. ad pted said Hindsan in rejecting Stein s dlaim thtýÏcas k ada con- fMit of interest. Hindson pointed out the sanie could be said of bath Durham Region and the Ontario govern- ment for approving plans in which each were the applicants. "If that isn't a conflict of inter- est..." he said ta a brief round of applause froin sanie of those in attendance. After taking a short recess ta consider the matter, Colebourne informed the lawyers that he would notify them n b is decision on Friday. The pre-hearing conference will resume Feb. 24 at which turne jurisdictional issues will be debated. Lawyers for the principals and the Town of Whitby will contend that land use matters have already been decided since aUl zoning and officiai plan applica- tions were previously approved. Thegy intend ta argue that the boards decision should be lini- ted ta, how the subdivision plans conform ta the permitted land use. Hindson and Whitby lawyer Nigel Schilling, counsel for the Eggertse will counter that the issuies at stake are much broader than the technical details of a subdivision proposai. AUDIO f VIDEO.i o *VCR *Camcorders Panasonic & Sony *Warranty Centre *Stereos * Cassette '"CVCRTE Fre e C ESTIM1ATE Cu'stono Electromotive mc. 11 50 Champlain Court - Whitby 668-6946 S TARk Strategic Asset Allocation A LEADING-EDGE RRSP PORTFOLIOe* SELECTED ý,FOR YOU. With Mackenzie's new STAR strat'tgîc asset allocation prograrn9, an RRSP portfolio is scientifically stlected to meet your needs. 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