Stratford condo decision overturned by IRAC

The mayor of Stratford is making no apologies after an Island Regulatory and Appeals Commissiondecision that faults him in the town's losing battle with a local home builder.

"The commission is particularly concerned with the actions of the Mayor and Deputy Mayor in this matter," reads the written decision from IRAC.

"They proceeded a long a course of tilting at windmills and did not deal with this application based on the evidence before them."

36 condominium units

IRAC's 24-page decision was issued Friday, following a two-day hearing last April at the request of developer Marshall MacPherson of Stratford.

The dispute centred on MacPherson's efforts to build 36 condominium units on a parcel of land beside Stratford town hall.

According to testimony heard at the hearing, the mayor and council twice voted down MacPherson's building plans, even though the plans met all bylaws and regulations.

IRAC noted the town ignored the advice of its own lawyer in voting down the condominiums.

In its decision, IRAC overturned the town council's vote and granted approval for the condos to be built.

'We're disappointed'

The mayor says he stands by his actions.

"We're disappointed. We felt we made the right decision for the town," said David Dunphy. "My role here is to look after the people of Stratford and that's what I did in this case."

The argument was over stormwater.

"It's the stormwater and the greater watershed area that were our concern," said Dunphy. "We've had other areas of town affected by stormwater after developments. We thought it was prudent to look at this area."

But according to testimony at the IRAC hearing, the developer worked closely with town staff and developed a stormwater management plan that met all requirements.

IRAC: Developer treated inappropriately

IRAC found town staff dealt with the developer "in a good and professional manner," but, according to IRAC's written decision, "the developer was treated most inappropriately by town council."

The plans, now approved by IRAC, allow three buildings, each containing 12 condominium units, to be built on the property.

The developer says he intends to start building next March.

The town of Stratford has 20 days to request a judicial review of the IRAC decision.

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