TRURO – The Nova Scotia Utility and Review Board has upheld a Truro Town Council decision to permit the construction of two apartment buildings on the flood plain.
The board dismissed an appeal by the Marshland Residents Group in its July 27 decision that came nearly two months after a full-day hearing was held in town.
"It's good to have it. Now we can plan and go ahead," said developer Ron Wallace.
He expects it will be a couple of years before the project is complete because the market is saturated.
The plan is to build two multiple-unit buildings on 5.7 acres at 16 Park St. One of the buildings will include 39 units and the other 63 units.
"I think they're making the wrong decision building down here on the flood plain," said Robert Jordan, a member of the residents group.
"I'm more than disappointed that we weren't successful (but) I applaud the community for ... (coming) together to express their common interests," said retired lawyer Rocky Jones, who represented the group at the hearing. "This kind of development will change the nature of Truro."
He cited traffic patterns and the view plane as two examples.
The board said in its report that objections of residents who testified were based on the flood plain, compatibility and traffic. But the board found the residents group failed to prove council's decision didn't carry out the intent of the town's municipal planning strategy for the development.
"It is conceivable that the project may worsen the flooding in the area immediately surrounding it. Whether it does or does not is not the main issue facing the board in this matter," wrote board member Murray Doehler, who heard the appeal.
"The issue facing the board is whether this project fails to reasonably meet the requirements of the (municipal planning strategy) ... as they relate to the flood plain."
In March, town council approved the development subject to a favourable traffic impact statement. The proposal was slightly different than one refused by council in 2007 when Wallace planned three buildings containing 114 units.
The residents group has 30 days from the board's decision to appeal to the Nova Scotia Court of Appeal.
jmalloy@trurodaily.com
