(by Margot Grant) A Vancouver law firm has asked the Town of Gibsons to revoke two development permits for the George Hotel and Residences. In a letter sent to the town’s law firm on March 27, Stewart Aulinger and Company claims the permits have been issued illegally.
The letter was sent on behalf of “a group of concerned citizens, including Marcia Timbres.” The concerned citizens include the Gibsons Waterfront Defence Association, Timbres said on Thursday.
The permits were for the demolition of boathouses and the removal of fuel tanks at the former Hyak Marine Services site. The site is needed for the George development.
In his letter, lawyer Bob Kasting wrote that the owner (developer Klaus Fuerniss) had made a “false statement” when he said in his application that he had provided “a site profile in accordance with the Contaminated Sites Regulations.”
On May 30, 2016, the town issued a development permit to allow for the demolition of the boathouse and removal of the fuel tanks. Because Fuerniss had not provided a site profile, the town was in violation of s.557 of the Local Government Act, Kasting wrote.
On July 7, 2016, the town issued an amended development permit for the site. According to Kasting, this permit was not in accordance with the Local Government Act either because a site profile was missing.
Fuerniss submitted a site profile on December 5, 2016. On December 14, 2016, the Ministry of the Environment ordered a detailed investigation of the site over concerns about the presence of tributyltin, a highly toxic substance that was used for many years in anti-fouling paint for boats.
When filling out the papers for the site profile, Keystone Ltd., a consultancy firm retained by Fuerniss, had checked the “No” box next to the question whether “the cleaning of or repair of parts of boats, ships or barges” had ever occurred at the site.
“My clients are interested in knowing whether the town intends to revoke the development permits,” Kasting wrote.
The town has not yet responded to the letter, Kasting said Thursday.
Timbres said that the concerned citizens could consider further legal action if they consider the town’s response unsatisfactory.
Perhaps if the law was explained in smaller words and not on $$ the town counsel would understand the law more clearly?
Wouldn’t it be nice to have the laws that are in place, for a reason, be enforced. I’m so tired of seeing $$$$ over ride the law. It seems that $$$ talks. Projects go ahead and then after the fact it is said, “How did this happen. Oh well, it’s too late now. Nothing can be done about it.” This applies not only to The George project but various situations on the coast eg, “New construction of homes that don’t follow the building codes where a stop work order could be applied and ignored.” Come on. Start enforcing the law!