We All are Together in the RAR Cauldron - Alcyonenews

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Posted September 9, 2016

We All are Together in the RAR Cauldron

The September 1, 2016 issue of the Driftwood Salt Sping Community paper carries an article titled “Riparian regs [regulations] surprise Channel Ridge property owners”. It is most welcome because it triggers a long overdue glimpse at the performance of the RAR which the Trust imposed on the Island in December 2015, it been almost two years since the bylaw came into effect.

Neighboring Saanich had a similar experience with a citizen exposing a bylaw enacted to protect some 2,000 “sensitive ecosystems”. Eventually a victim of that bylaw, Anita Bull “went public” and many others added their voice to hers. Their pleas for relief were heard but relief was opposed by “fifth column” action within the Council, causing fears of the outcome being compromised to “cosmetic reform”. This would be the worst outcome as it takes the wind from the sails of reform for a long time to come. The people of Saanich keep their fingers crossed, I imagine ...

The same thing happened in Salt Spring. Recently the Trust hurled the RAR at Adrian Scanlan and Richard Clarke who were working to build their dream home on their property. The Trust stopped them in their tracks and sent them to find a QEP and purchase some $1,500 worth of RAR science to guide the Trust Planners in determining whether to allow or forbid Scanlan & Clark to run a ½ inch water supply line to connect their yet to be built home to the public water main running by their property.

Scanlan & Clarke found this difficult to take and cried out seeking relief. They went public via the Driftwood article mentioned above. The next day I took up the issue with the Trust’s Local Trust Committee, through “Tom’s TownHall Placard”, a “newsletter” sheet I publish. This drew more ugly stuff from the Trust.

I will review briefly the Driftwood article because it contains some ambiguities leading to wrong impressions about a matter of utmost importance to islanders thereby posing the need to be understood. A copy of the the Driftwood article follows, immediately after relating my concerns about it.

I will start with the article title and the subtitle, for they do need comment.

The Driftwood article title states that when hit with the RAR club, Scanlan & Clarke became “surprised”. This is indicative of the surreptitious way the Trust did the RAR. This RAR simply could not have been done in the light of day ...

The subtitle is important, too. In effect, it echoes the position the Trust’s SSI RPM Stefan Cermak took when interviewed by the Driftwood,

With this assertion, Cermak seeks to reduce the issue to a mere failure of Scanlan & Clarke to follow procedure; blame it all on them; launder the RAR; and, of course protect the Trust planners against being seen overzealous.

Let’s take this a step further: Suppose Scanlan & Clarke had gone to the Trust for information at an earlier stage of planning their home: The only response the Trust officer could give is to go find and hire a QER to certify that water connection is not a crime against the environment, and would not affect the well-being of fish. Then take the QEP’s Report to the Trust and pray for a sympathetic planner to consider letting them access public water. But that does not speed things up; it relieves no one from the cost of a QEP Report; it does not spare one the pains from red tape; it does not help at all ... Except, of course, in hiding the harsh reality of the Trust RAR.

The Driftwood article states:

“Salt Spring's RAR bylaw is based on a provincially mandated requirement for local land-use agencies to protect fish-bearing water courses.”

That the SSI version of the RAR, was imposed by the Big Bad Victoria Government is not the whole truth. In reality, the SSI RAR bylaw No 480, was concocted locally and was enacted by the Local Trust Committee (“LTC”) – and reflects substantially their mindset.

The Driftwood article states:

“About 1,500 property owners on Salt Spring are directly affected by RAR-designated water courses.”

Indeed the LTC has claimed that of the 3,271 Properties deemed impacted by RAR, only 1,544 are now RAR-listed, the rest having been rescued by clever RAR mapping. This is not true either. There are 5,761 properties in SSI, (Trust count) and all of them are now impacted by the RAR, albeit to various degrees, but no one remains RAR-free.

The Driftwood article states:

“Whereas some homeowners faced with such a predicament have the option to bypass their RAR area altogether, building around the problem wasn't a choice for Scanlan and Clarke.”

This reference may be to that some owners of property lying far away from any water, may get away by swearing an Affidavit of RAR-innocence in lieu of a QEP report. But that does not mean that many citizens have the option to this small RAR mercy.

The Driftwood article states:

“The Islands Trust's map shows a distinct RAR zone ...”

The Trust RAR map does not show any “distinct RAR zone”. Simply said, there is no “Trust map” showing boundaries of the lands clawed into the RAR to make up the RAR Republic. As a reminder, the size of the Republic was initially estimated at “60%” of the island – the Trust disputed that but never came up with a figure of their own ...

The Driftwood article states:

“He [RPM Cermak] added that the property doesn't appear to fall within any of the exemptions listed in the RAR legislation. Trust staff continue to work alongside the property owners and CRD building inspectors to resolve the matter.

Likely they will resolve the matter so as to shut the lid on the Driftwood article and this is good for Scanlan & Clarke. But it does not eradicate the nonsense they have built into that RAR bylaw.

The Driftwood article states:

“Cermak said the situation highlights the need for all parties involved in the purchase, sale and development of land to thoroughly consult with all regulatory agencies.

‘This occurs to me as being regular due diligence,’ Cermak said”

Yavol Commandant!

The Driftwood article states:

“Information about areas affected by RAR and a comprehensive map of the island's DPA7 zones is available at the Trust office.”

As for “information about areas affected by RAR being available from the Trust office” this is not true either. The Trust fought tooth and nail against former Trustee George Ehring’s suggestion to have the Trust determine whether a property is in the RAR or not, and accordingly send only those who test positive to buy a report from a Qualified Environmental Professional (QEP). The Staff won and now the only advice they have to give us is to go get a QEP and buy a Report, for without it the Trust would not let you grow the zucchini and garlic garden you dream of.

I will end of the review of article with a notation that it is not exhaustive although it suffices to warn that the Trust has much to hide about the RAR. I will close this review with an account of my presentation to the LTC.

Prompted by the Driftwood article, I went to the Trust meeting on September 1, with the following question, in writing and voice:

“How many applications that could conceivably be or not be RAR affected has the Trust received and how many of these has the Trust accepted for processing bare of: either a “Report by a QEP”; or an Applicant-sworn Affidavit of ‘RAR-Innocence’; or for processing conditional to the Applicant producing a QEP Report or an Affidavit?”

They could not remember that, they could not be expected to, they responded.

I rephrased my question to refresh their memory or at least to make it very easy for them to answer:

“Has there ever been an application done without a QEP’s Report or a sworn Affidavit?"

No one knew that, either. But they ought to know the answers because they have themselves written into the Bylaw that they, their successors and heirs, cannot process any such applications without sending the applicant to a QEP, a Lawyer or a Notary Public. But that is what I was trying to draw out and they were determined to hide.

The LTC moved on to evade answering, for their failure to look at the performance of the highly potent bylaw they have imposed on the Island for the first two years after imposing it. I find this highly inappropriate. Or disingenuous ...

Perhaps I shall copy here the way Trustee Grams remarked on my presentation to the LTC at its “TownHall and Questions” period :

“Trustee Grams: “ Well, the LTC does not have that information at their fingertips. I think Staff [pause] . If Staff are prepared to provide it then [pause] – I will leave that to their discretion if the planning manager [pause]. I think that is all we can do!”

Then Chairman Luckam asked whether I “still want an answer to my question.” To which, of course, I answered “Yes”. He said that I will get one ... And closed the discussion.

Well, in effect, I got the answer right then and there, did I not?

Andria and Richard of Channel Ridge are not alone. The Trust has us all simmering in the RAR cauldron – The heat emanates from fusion of their secrecy with our innocence!

Following is the Driftwood Article, “OCRed”. (Less the image of Scanlan & Clarke)

*********************

BY SEAN MCINTYRE

When Andria Scanlan and Richard Clarke set their minds to downsizing, the last thing the couple anticipated was the massive headache associated with building their new home on Channel Ridge.

After closing the deal on their two-acre property through a local realtor in June, the couple dutifully dotted the i's and crossed the t's to ensure all the right conditions had been met. They poured over building plans with contractors and got a team in place to begin construction in late summer. Having sold their previous home at Maracaibo, they even signed a short-term lease to secure temporary shelter for themselves and their daughter until their new home was complete.

The plan appeared flawless, and the transition occurred seamlessly, until the local Capital Regional District building inspection department referred the file to Salt Spring's Islands Trust office. That's where the couple got a brutal introduction to the Salt Spring Riparian Areas Regulation.

"We thought we were doing all the due diligence and were moving straight ahead," Scanlan said. "We thought we were moving into an established subdivision here."

property owners on Salt Spring are directly affected by RAR-designated water courses.

Whereas some homeowners faced with such a predicament have the option to bypass their RAR area altogether, building around the problem wasn't a choice for Scanlan and Clarke.

The Islands Trust's map shows a distinct RAR zone that traces the length of Maple Ridge Place. Near the cul-de-sac at the end of the short road, the zone enlarges before cascading toward Duck Creek Park. That area around the turnaround is also where the NSSWD water connection box for Scanlan and Clark’s property was installed when the subdivision was built nearly three decades ago, long before the RAR was even a thought.

The overlap means any work to link their as-of-yet unbuilt home to the community water system at the foot of their driveway must satisfy the RAR protocol. Scalman and Clark’s new home is essentially cut off from community water by a RAR wall that crosses part of their land.

Surprised by the unanticipated snag in their downsizing dream, the couple sought alternatives. None of the methods or routes they discussed were sufficient. The neighbours, whose water connection box is situated beside Scanlan and Clarke's, weren't subject to RAR rules because they built long before regulations took effect in 2014. Even running their water line under the right-of-way the couple shares as a driveway with neighbouring property owners was out of the question since it too is subject to RAR provisions.

"It's a disaster," Scanlan said during a tour of the property last week.

According to the regional planning manager at Salt Spring's Islands Trust office, Scanlan and Clarke face the same conditions as anyone who undertakes work within an area protected by the island's RAR development permit area.

"Any new residential development activities within a development permit area, in this circumstance DPA7, are subject to meet guidelines and approval through issuance of a development permit," Stefan Cermak wrote in an email.

He added that the property doesn't appear to fall within any of the exemptions listed in the RAR legislation. Trust staff continue to work alongside the property owners and CRD building inspectors to resolve the matter.

highlights the need for all parties involved in the purchase, sale and development of land to thoroughly consult with all regulatory agencies.

"This occurs to me as being regular due diligence," Cermak said.

"None of it is good news," Scanlan said”

(Emphasis added to draw attention to some key issues)

************************************************************************

To her joined her raising hope that reason may prevail. We hope that ourand may benefit the cause of reason, in Salt Spring as the Amita Bull has done for Saanich.

On the background of the Driftwood article I raised the issue of RAR administration at the LTC meeting of September 1, 2016. Neither the Trustees, nor the Trust staff had monitored, they said, the reformance of the RAR Bylaw! But I regained cou=nsiuousnedd quickly to refrase my question, asking them whether they knw of any application processed by the Trust without having the aplicant having bought a report from a QEP or sworn an Affidavit befre Lawyer. They, including Stefan Cermk who is in charge of the Trst SSI office and who, as planner had handled the RAR file to it torruous course to become a bylaw, knew whether anyone had ever escaped the fangs of the RAR. This trnsalte to that each and every citizen

1. That the SSI version of the RAR, was imposed by the Big Bad Victoria Government which is not the whole truth. In reality, it was concocted locally and was enacted by the Local Trust Committee (“LTC”) – and reflects substantially their mindset.

2. Indeed the LTC has claimed that of the 3,271 Properties deemed impacted by RAR, only 1,544 are now RAR-listed, the rest having been rescued by clever RAR mapping. This is not true. There are 5,761 properties in SSI and all of them are now impacted by the RAR, albeit to various degrees, but no one remains RAR-free.

3. The Trust RAR map does not show any “distinct RAR zone”. Simply said, there is no “Trust map” showing boundaries of the lands clawed in by the RAR to make up the RAR Republic. As a reminder, the size of the Republic was initially estimated at “60%” of the island – the Trust disputed that but never came up with a figure of their own.

4. As for “information about areas affected by RAR being available from the Trust office” this is not true either. The Trust fought tooth and nail against former Trustee George Ehring’s suggestion to have the Trust determine whether a property is in the RAR or not, and accordingly send only those who test positive to buy a report from a Qualified Envoronment Professional (QEP). The Staff won and now the only advice they have to give us is to go get a QEP and buy a Report, for without it the Trust would not let you grow the zucchini and garlic garden you dream of.

5. Prompted by the Driftwood article, I went to the Trust meeting on September 1, with the following question, in writing and voice:

“How many applications that could conceivably be or not be RAR affected has the Trust received and how many of these has the Trust accepted for processing bare of: either a “Report by a QEP”; or an Applicant-sworn Affidavit of “RAR-Innocence”; or for procession conditional to Applicant producing a QEP Report or an Affidavit?”

They could not remember that, they could not be expected to, they responded.

I rephrased my question to refresh their memory: “Has there been ever one application done without a QEP’s Report or a sworn Affidavit”? – no one knew that, either.

They ought to know the answers because they have themselves written into the Baylaw that they, their successors and heirs, cannot process any such applications without sending the applicant to a QEP, a Lawyer or a Notary public.

Andria and Richard of Channel Ridge are not alone. The Trust has us all simmering into the RAR cauldron – The heat emanates from fusion of their secrecy with our innocence!

Tom Varzeliotis, Booth Canal