A previously buried plan for a new cemetery in Bradford is back from the dead.
In a decision written by Astrid J. Clos and issued on Nov. 7, the Ontario Land Tribunal reversed council’s decision from last year to deny the proposal and decided in favour of Vincenzo Gagliardi’s request to build a multi-denominational cemetery on roughly 12.8 hectares of the 36.4-hectare property at 3369 Line 13, just east of Highway 400.
That’s planned to include a 371-square-metre chapel, 9,000 burial plots and two 2,230-sq.-m four-storey mausoleums with a total of 19,000 crypts, plus scattering gardens, memorial sites, and three parking lots with a total of 248 spaces.
Following passionate pleas from concerned residents worried about well water contamination, environmental impacts and more, council determined the cemetery was “absolutely not” in the public interest under the Funeral, Burial and Cremation Services Act during a public meeting on Oct. 17, 2023.
“The tribunal accepts the uncontradicted assessment of the need demonstrated for the cemetery as provided by the applicant,” Clos wrote in determining the request to establish the cemetery is in the public interest after all.
That was based on a number of factors, including expert testimony from Douglas Annand, which included a cemetery needs assessment, dated Aug. 28, 2024, which concluded that Bradford’s current cemetery supply would be exhausted by 2034.
The tribunal also found the proposed cemetery meets the requirements of the Planning Act, Provincial Planning Statement, County of Simcoe official plan, Bradford’s official plan, and Bradford’s zoning bylaws.
In addition, Clos noted that since originally making the proposal to the town on Nov. 19, 2018, Gagliardi completed almost 20 technical studies for the site, including an environmental impact study, a hydrogeological study, a functional servicing report, and a monitoring and mitigation plan. In addition, the tribunal heard expert testimony from Lanny Dennis — who also spoke on behalf of Gagliardi during the council meeting last year — that internal and external agencies had commented favourably on those studies.
The tribunal’s decision came with one important caveat though.
As a recommended condition of site plan approval, Gagliardi would need to line the bottom of the grave plots with concrete liners and ensure the burial chambers are built of durable and impermeable materials, prior to any interments to reduce the impact of the cemetery leachate on nearby groundwater and surface water.
That should help address the concerns of residents from both last year’s council meeting and others who provided testimony to the tribunal on behalf of the town.
Narjes Alijani also provided the tribunal with expert testimony in hydrogeology and geoscience and explained that site studies showed shallow groundwater on the property flows off in a northwest direction toward about 89 homes within 500 metres, which rely on wells for drinking water.
She also read an excerpt from one study which explained decomposing human bodies leach liquids (leachate) which can come with pathogens, bacteria viruses, heavy metals, formaldehyde, methanol and other toxic chemicals which can seep into soil and contaminate groundwater.
Gagliardi had also appealed the non-decision on the proposed site plan for the cemetery as town staff had been prepared to issue approval prior to council denying the proposal. However, the tribunal decided that appeal will be considered at a separate hearing for which a date has not yet been set.
Gagliardi’s counsel declined to comment as the matter is still partially before the tribunal.
Town staff said they were still reviewing the decision and wouldn’t be able to provide comment in time for publication.
The case marks the second instance this year of the tribunal approving a cemetery in Bradford, after issuing a decision July 3 in favour of Ahmadiyya Muslim Jama’at Canada’s (AMJ) plan for a six-hectare burial site, 929-sq.-m place of assembly, paths and more on AMJ’s property at 3999 Sideroad 10.
