Dear Mr. Phelps and Directors:

My name is Bud Woods. I own the property at 3020 Comox Ave, to the west of, and adjoining the Gas N Go Site.

Recently I’ve been reading articles in the local media about Mr. Procter’s rights to build a gas station on his site. I know that your Board recently went to court to guarantee him those rights. But what about my rights, and the rights of my neighbours on the Dyke road?

My Father bought our land in 1932. My family and relatives have lived there for the past 78 years and still do. Now a gas station is going in right next door, only a few metres from our home. It will be open 24/7. The bright lights from the canopy will be shining down on our house, there will be continual traffic noise from vehicles, and my property will be bathed in toxic fumes. Further, there will be a lot of traffic congestion in front of my house when and if Mr. Procter’s left hand turn lane goes in. And please don’t tell me that the left hand turn lane is a matter for the Ministry of Transport to decide. You have known about Mr. Procter’s plans for this left turn lane all along and such a turn on this accident prone road would not have been possible if you had not issued a development permit.

It gets worse. Some months back Mr. Procter’s consultant came to me requesting my permission to let the toxic, storm-water runoff from the gas station flow onto my property. I refused and so did the other neighbours surrounding the site. This forced Mr. Procter to put in a self-contained storm water management system. As presently designed it runs right along the fence adjoining our two properties and, unfortunately, runs right through the roots of the eagle perch tree on Mr. Procter’s property. It is my understanding that the regional biologist in the Ministry of the Environment in charge of eagle trees advised your staff that this should not be allowed to happen. A subsequent review by a qualified arborist pointed out that the storm water management system already approved by your staff presented significant problems. The perch tree is only ten meters away from the nest tree on my property, and it is protecting the nest tree from strong prevailing winds. The arborist noted that if the perch tree goes down, there is “high potential” that the nesting tree—already missing its top—will get blown down. Given the wind direction, I think it would it would likely come down on my house.

What really bothers me most of all is that your Board didn’t bother to consult me or my neighbours when you issued the temporary development permit in 2007 and the final permit in 2009. You knew about the community’s strong opposition to the proposed gas station on the Dyke from the public meeting on March 27, 2007 which I attended. But never during that meeting did the compromise you were considering— grandfathering Mr. Procter’s zoning request — ever get mentioned. I’m sure you thought the refusal to give him C1-A zoning but grandfathering him was a suitable compromise. But the negotiations between your Board and Mr. Procter never included the 3rd party most directly affected—myself and my neighbours on the Dyke Road.

The professional planners on your staff must have known and told you that a gas station in that location would devalue the surrounding properties. But even if they didn’t tell you, you should have known this from common sense. Let me ask you this. Would any of you buy my home or build a family home on my property with a gas station so close? Or, would you allow such a development to come next door after you bought your own homes—and allow it to happen without any consultation? I would think you would be very upset.

Why are you spending my tax dollars on lawyers to protect Mr. Procter’s property rights and, at the same time, devalue my property? Why are you unwilling to hire a lawyer to protect my rights and those of my neighbours? Having a home on that site for 78 years and paying taxes all those years must count for something.

Mr. Phelps and Directors, it comes down to this. I want to know why the board and staff have made decisions that you knew would devalue our properties—and what you intend to do about it? I am expecting to hear from you on this matter.

Yours truly,

S.R.Woods
643 12th St. Courtenay
250-334-3658