ABERFOYLE – Puslinch council has approved its first site alteration application since creating a bylaw regulating the import of excess soil into the township.
That means property owner Gino Martinello can continue with his plan to import soil, level his property at 4670 Sideroad 10 North, and use it for farming.
The subsequent use of the property after 145,000 cubic meters is trucked to the site is farming, according to planning documents, and Mayor James Seeley made a point of saying that numerous times as delegations spoke against the proposal at the Sept. 17 council meeting.
John McNie spoke on behalf of the Millcreek Stewards, claiming that approving the application would set a dangerous precedent and run the risk of future applications from aggregate pit operators who could bring contaminated soil into the township.
He said there was “historical noncompliance” at the site already and suggested there would be “careless future compliance.”
McNie said there would be benefit if the application was refused and the applicant took the township to the Ontario Land Tribunal, where the bylaw would be tested and strengthened.
“You have to ensure the soil dumped is safe… and you are only testing a minimal amount,” McNie argued.
George Anastasakos who lives near the site, said his life was impacted when the owner imported fill before the bylaw was enacted and he dreads the thought of living with the noise and dust and traffic again.
He said wildlife has just started to return to his property after being displaced while fill was imported the last time.
Resident Mike McColl could not understand the monetary benefit to the property owner, given the cost to truck it in and the soil testing that will be necessary under the bylaw.
“How much more of a yield can he get if he’s enhancing with foreign soil?” McColl asked. “What’s the monetary benefit?”
Seeley countered that council does not look at the monetary component – only whether the applicant is meeting the conditions of the bylaw.
“There will be a qualified person to sign off; there will be documentation with every load; there will be a log of the loads,” Seeley said.
“And every six months they will be checked for contravention. If they don’t conform, we will pull the permit.
“And this is for farming,” he reiterated. “We are at the forefront of managing soil importation. This is a robust bylaw.”
Council wanted reassurance the township would not be on the hook for roads damaged by the added truck traffic on Sideroad 10.
CAO Courtenay Hoytfox said the owner will pay $100,000 in securities that would be used for repairs.
Director of public works, parks and facilities Mike Flowler acknowledged Sideroad 10 “is on its last legs. But it’s identified in 2027/28 for full pulverization and repairs,” he said.
So it’s an opportune time for the project, which is expected to last three years.
“Once it’s done the township will pulverize and repave knowing it won’t be used like that again,” Fowler said.
Council approved the application with the provision that there be a public complaint mechanism and that council receive annual reports on how it’s going.
