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NOTL tribunal hearing discusses storm water pond on historic Rand Estate property

Underground infrastructure and how issues such as sewage and stormwater will be managed were topics in evidence delivered in Wednesday’s proceedings of an Ontario Land Tribunal hearing over the proposed Rand Estates subdivision.
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The Rand Estate property at 144 John St. was discussed at the land tribunal hearing as it relates to the proposed subdivision.

Underground infrastructure and how issues such as sewage and stormwater will be managed were topics in evidence delivered in Wednesday’s proceedings of an Ontario Land Tribunal hearing over the proposed Rand Estates subdivision.  

Fedor Tchourkine, a civil engineer and witness brought in by the developer, Solmar Development, kicked off the day’s discussion.  

He went over the various stages of the project and completion of functional servicing reports, a requirement of new developments and a step in determining if subdivisions can be serviced.  

He said there are some constraints to the property, but it can still be connected to underground infrastructure to allow for the proper flow of water. “The site is relatively flat in general typography,” said Tchourkine.  

In early discussions about infrastructure and investigating using an already existing storm sewer at Charlotte Street, it was determined that the property where homes are being planned would have to be raised by up to eight feet because of inability for flow to travel by gravity.  

But that plan has “changed substantially,” he said, noting that it was then concluded that a pumping station near John Street would become part of the design and allow the homes to be serviced.  

In 2024, there was a minor revision to plans that included a stormwater management pond being incorporated into how the site functions.  

High-level, technical discussion took up a large piece of the day.  

Later in Tuesday’s virtual session, while taking questions from tribunal member Daniel Best, Tchourkine got into more discussion about the pond.  

He said the design of the pond will include “very specific” details. Its control structure, size, how many pipes it will connect to, and catch basins will all be part of it.  

A soil technician will also need to be consulted about a liner that will be required due to the bottom of the pond being below groundwater level. “We don’t want groundwater seeping into the pond,” he said, adding it will be made of synthetic materials.  

A full detailed design of the pumping station will also be part of future work.  

Tchourkine said conversations with utilities, such as gas and telecommunications companies, would begin during the design stage.  

During cross-examination, Catherine Lyons, a lawyer representing grassroots organization Save Our Rand Estate (SORE) said the rear of the historic Rand Estate sits in what she referred to as a “bowl,” and that there could be concerns with drainage.  

Tchourkine admitted there is a “positive slope” headed toward the historic home, but explained that a private road and its design, equipped with swales, should alleviate those concerns. Water will be rerouted, he said.

“It’s going to intercept the drainage from the road and direct it to the creek along the access road,” explained Tchourkine.  

She also asked why 20 per cent of the storm water management pond is proposed to be on the property of the estate at 144 John St., with Tchourkine replying he doesn’t find inappropriate, as both parcels have the same ownership.  

Koryun Shahbikian, a civil and structural engineer and colleague of Tchourkine at Schaeffers Consulting, also began delivering evidence Wednesday and is expected to continue Thursday, which will be the last day this week as the tribunal is not sitting Friday.  




About the Author: Kris Dube, Local Journalism Initiative reporter

Kris Dube covers civic issues in Niagara-on-the-Lake under the Local Journalism Initiative, which is funded by the Government of Canada
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