Osprey Shores’ former Bakelite property development timeline

621 Dundas Street East, former site of the Bakelite Thermosets Plant, is located to the south side of Dundas Street East, east of Farley Avenue, and west of Haig Road. The property is commonly known as former site of the Bakelite Thermosets plant.

It is owned by 2255718 Ontario Inc., Osprey Shores developers include Bernie Ouellette, Jerry DiRocco and Ian Brady represented by agent Fotenn Planning + Design c/o Miles Weekes.

Since the property was acquired by the current owners and cleaned up, a 599 unit residential subdivision is planned for the 25 acres that have been re-designated from “Environmental Protection” to “Residential Land Use”.

Development open for input from the public

• Approvals Section – Engineering and Development Services Department
• [email protected] 613-967-3288
• 169 Front Street (2nd floor) Belleville, ON K8N 2Y8

August 23, 2024 – 2255718 Ontario Inc. files Notice of Application for Absolute Title

Land Titles Act

NOTICE OF APPLICATION FOR ABSOLUTE TITLE
Re: Pin 40611-0009

TO: All parties that may have an interest

RE: PART LOT 11 TO 13 CONCESSION BROKEN FRONT THURLOW; PART LOT 13 CONCESSION 1 THURLOW; PART ROAD ALLOWANCE BETWEEN CONCESSION 1 & CONCESSION BROKEN FRONT THURLOW; WATER LOTS LYING IN FRONT OF LOTS 11 & 12 CONCESSION BROKEN FRONT THURLOW; PARTS 1 TO 11 ON ATTACHED DRAFT PLAN SIGNED BY STEVEN GIFFORD. OLS DATED OCTOBER 4, 2023; S/T EASEMENT OVER PTS 2,3,8 & 10 ON ATTACHED DRAFT PLAN AS IN QR68198;BELLEVILLE; COUNTY OF HASTINGS

The said plan is available for inspection at: Gifford, Harris Surveying Ltd. at 255 Glen Miller Road, Unit 1, Trenton, Ontario or through the OnLand (www.onland.ca) or Teraview (www.teraview.ca

TAKE NOTICE THAT 2255718 Ontario Inc, herein called the applicants, intends to apply to be the registered owner with an absolute title to the above described land.

AND TAKE NOTICE THAT any person claiming to have any interest in the said land or any part it is required on or before September 23, 2024 to file a statement of objection, which sets out the nature and extent of the interest claimed in the objection, together with all evidence, documents or legal provisions and precedents relied upon in support of the objection, directed to the land registrar at the address of the solicitor at the following address:

O’Flynn Weese 65 Bridge Street East Belleville, Ontario

If no such statement of objection is filed by September 23, 2024, I will proceed with the application and any interest you may claim in the subject property will be thereby extinguished and you will not be entitle to receive any further notice with respect to the proceedings.

April 2, 2024 – Planning Advisory Committee receives application to allow for 599 residential dwellings

The application proposes to rezone the portion of the subject property that is designated Residential Land Use in the Official Plan into four (4) different residential zones, which would facilitate the development of 599 residential dwellings

The dwelling type and unit count per block are as follows:

• Block A: 185 dwelling units within 2 mid-rise buildings
• Block B: 80 stacked townhouse dwelling units
• Block C: 36 bungalow townhouse dwelling units
• Block D: 7 detached townhouse dwelling units
• Block E: 40 2-storey townhouse dwelling units and 36 bungalow townhouse dwelling units
• Block F: 72 back-to-back dwelling units
• Block G: 96 stacked townhouse dwelling units
• Block H: 29 detached dwelling units
• Block I: 18 2-storey townhouse dwelling units

January 25, 2024 – Traffic Impact Study

February 13, 2023 – Council cancels $3M purchase of part of Bakelite property in a 8-1 vote, Councillor Tyler Allsop voting against

I believe this particular property is an unnecessary purchase for the city. There were conditions included in the offer. One of the conditions was the proposed area would be necessary for stormwater management.

As we heard from the CAO at the time, this land would become de facto city property without any cost and I just don’t think this is a prudent use of taxpayers’ money.

Councillor Paul Carr

PT LT 12-13 CON BROKEN FRONT THURLOW; PT WATER LOT LYING IN FRONT OF LTS 11 & 12 CON BROKEN FRONT THURLOW; BEING PARTS 4, 8, 9, 10 AND 11 ON PLAN 21R 2631, FORMERLY TOWNSHIP OF THURLOW, NOW CITY OF BELLEVILLE, BEING PART OF THE PIN 40611-0009(LT).

February 15, 2023 – Former mayor Mitch Panciuk unimpressed by Council’s decision to cancel the $3M purchase of several acres of land

Buying this land was always about guaranteeing access for residents to 45 acres of prime waterfront lands on the beautiful Bay of Quinte that would be naturalized for future generations. The decision by council means that the land will stay as private property and Belleville residents won’t be able to use it.

A mayor and councillors who three months ago, they supported a popular project in order to get elected and now are doing the opposite of what they promised. You know, the city not honouring this deal means that we’re gonna see unnecessary lawsuits and the loss of a recreation environmental jewel. History will not judge this kindly.

Former Mayor Mitch Panciuk

February 13, 2023 – Council cancels transfer of two donated parcels of adjacent wetland properties to the city

PT LT 12-13 CON BROKEN FRONT THURLOW; PT WATER LOT LYING IN FRONT OF LTS 11 & 12 CON BROKEN FRONT THURLOW; BEING PARTS 5, 6 AND 7 ON PLAN 21R 2631, FORMERLY TOWNSHIP OF THURLOW, NOW CITY OF BELLEVILLE, BEING PART OF THE PIN 40611-0009 (LT).

these are both regulated lands and will remain regulated regardless of ownership. In other words, the city owning these particular lands will not provide any added protection than the protection that was already there, so the environment and the species there are being protected so I consider this as an unnecessary property acquisition and ask for a recorded vote as well.

If there’s development occurring they’re (developers) going to require areas for a storm water management pond that would become de facto city property and then the wetlands are already regulated so us taking ownership of them doesn’t protect them any more than they’re already protected.

Councillor Paul Carr

this is something I still support today, I think it’s important to add these lands in as recreational lands along the waterfront and to allow public access through the development. I would like to see us continue with the purchase.

Councillor Tyler Allsopp

The trail as engineering has looked at now would be developed in conjunction with the subdivision as part of the road allowance. So, a multi-use trail would be along the most southerly road within that subdivision tying into the Shirley Langer Trail allowing it to cross those lands

CAO Rod Bovay

January 31, 2024 – Planning Justification Report

July 25, 2022 – Council agrees in principal to buy 8.4-acre portion of for $3.15M in an 8-1 vote, Councillor Paul Carr voting against

when you take a look at legacy and having an impact on the future, 42 acres on the water tops all of that. This is going to be something for hundreds of years we are going to be able to enjoy as a community right on the [bay], right in the midst of our city.

It will be somewhere you can take your kids where you can show them birds and fauna and insects including butterflies. It is something future councils will decide how they want to build it out including potentially a pier and fishing areas

Mayor Mitch Panciuk

Councillor Paul Carr questioned if the City should pay $3.1 million for parkland and a pond that traditionally in other projects would see developers gift to the municipality anyway:

[provincially significant wetland] is protected regardless of ownership. Parkland dedication as part of subdivision agreement would have achieved same as today but without public expenditure of $3.1 million

Councillor Paul Carr

So, this new space that we are in the process of potentially signing off on today has so many rewards for the city. I trust city staff, I trust Quinte Conservation and my gut tells me this is a ‘win-win’ for the community, economic benefits, social interaction, quality of life and, just think, in years to come, walking trails, biking trails … this is going to make our future brighter so I’m going to support this 100 per cent

Councillor Sean Kelly

April 4, 2022 – Planning Advisory Committee approves request to change Official Plan to re-designate a portion of the subject land from “Environmental Protection” to “Residential Land Use” and by creating a new East Bayshore Planning Sub-Area

Roughly 30 acres of the 93-acre site located at 621 Dundas Street East in the city has traditionally been deemed wetlands, part of the much larger Belleville Marsh along the northern shore of Bay of Quinte.

The Central Marsh on the subject land forms part of the Provincially Significant Wetland (PSW) known as the Belleville Marsh. Throughout the operational life of the Bakelite Plant and subsequent excavation activities, the Central Marsh has received extensive physical disturbance. It has been largely excavated to bedrock across its full extent and is now mainly an open pond. The Central Marsh and pond do not have a continual surface water source, but receive periodic surface water influxes during precipitation events and seasonal snow melt. During Plant operation, the marsh and pond likely received effluent from several lagoons and settling basins located to the north and along its eastern boundary. The natural outflow of the Central Marsh is westward from the northwest corner, into the West Marsh. Historical studies indicated the presence of PCBs, barium and toluene within the sediment, and elevated metals within the surface water.

The subject property was reviewed by Quinte Conservation, Michalski Nielsen Associates Limited, the Ministry of the Environment, Conservation and Parks and the Ministry of Natural Resources and Forestry in 2012 and a development area was identified and accepted (Attachment #1).

February 22, 2021 – Response to public comments concerning Osprey Shores changes in the Official Plan

it is important to note that the Environmental Protection designation in the City of Belleville Official Plan does not strictly apply to natural heritage features, such as wetlands or watercourses. As per Section 3.5.2 b), the designation may apply to “lands that can not safely be
developed for human use or occupancy due to…man-made environmental constraints (i.e. contamination)”.

In this case, a large portion of the subject lands are designated Environmental Protection due to contamination from past industrial use. The distinction between human-made hazards and natural heritage/hazards is important, particularly as it pertains to future designations and development. As noted in our response to public comments, the portions of the site that contain natural heritage features and natural hazards will remain within the Environmental Protection designation. In general, the balance of the subject lands outside of these features and their respective buffers will be redesignated as Residential.

December 7, 2020 – Planning Advisory Committee receives Osprey Shores request to change Official Plan to allow housing and commercial development on 32 hectares of Environmental Protection zone

December 6, 2020 – Public comments concerning Osprey Shores changes in the Official Plan

June 3, 2013 – Planning Committee award Bakelite developer $20,000 in remedial work funding from Belleville’s Community Improvement Plan, total cost of rehabilitation to be $4M

Bakelite’s current developers have received $70,000 from the city to date and $89,000 through the Green Municipal Fund for assessment and remedial planning.

Ministry of the Environment has lifted eight orders (restrictions) levied against Bakelite’s former owner, Jim Sinclair, who was convicted and fined for numerous environmental violations in relation to his activities at the Dundas Street East property.

January 2011 – Bernie Ouellet’s Rentx purchased the property at 621 Dundas St. East

2006-2008 – Jim Sinclair convicted, fined, ordered to restore the property

Jim Sinclair was charged by both Quinte Conservation and the MOE (Ministry of Environment) and

He was convicted in 2007 and sentenced to 10 months in jail (served about 4 months) on 15 environmental charges related to excavations on the contaminated site and releasing toxins into the Bay of Quinte.

He was fined $690,000 due to his work on the property which is contaminated by Bakelite Thermosets beginning in the 1940s through to the 1980s. He was ordered to perform the restoration, which included the removal of a road that was constructed in the Bay, as well as contaminated sediment. Sinclair has yet to pay the fines levied by Hastings County.

Sinclair then moved to Detroit and got in trouble with the law again – pleading “no contest” to 10 charges in 2019 – including one for running a “chop shop” after a 2012 raid at his Detroit salvage yard operation.

2005-2010 – Extensive earthworks including drainage and dredging of the central marsh and large portions of the east march

The main factory and surrounding buildings and tanks were demolished between 2005 and 2008. Brick, mortar and other building debris remain scattered around the former plant footprint.

March 2003 – Belleville’s East Bayshore Final Report

The City of Belleville and Quinte Conservation should continue to work with the private sector to encourage environmental protection and redevelopment on the Bakelite site.

2003 – Jim Sinclair purchased the property

Initial plans included a marina and residential development.

1990s – environmental assessments and facility decommissioning

The property underwent numerous environmental assessments and several parts of the facility were decommissioned.

Union Carbide of Canada used the property at 621 Dundas Street East in Belleville as a chemical manufacturing and Bakelite manufacturing plant producing Bakelite plastic resins for roughly 50 years from the late 1940s until it closed in 1989 leaving behind 90 acres of contaminated land, including asbestos material and contaminated Bay of Quinte water. Property owner Jim Sinclair (his companies Demolition and Recycling Inc. and Thermosets Ltd.) was convicted and did jail time for the activities on the property while he was owner and was fined $865,975, which was never paid.