An elderly woman already beset by serious health problems and poverty says she fears she'll be left destitute after an attempt to sell her home revealed her downtown property may be worthless.
Seventy-year-old Barbara Lowery, who routinely panhandles at Save On Foods, recently put her two small Seventh Avenue lots on which sits her small run-down house, up for sale. During a routine appraisal, Lowery was told her land, which should be worth well over $200,000, is practically worthless because it can't be developed.
The problem, said the appraiser, is that in 2003, the Department of Fisheries and Oceans (DFO) deemed a waterway bisecting a corner of the property fish habitat, so new developments would have to be several metres away from its shore, and practically the entire property would likely be within that setback. This despite the fact Lowery has been paying property tax based on an assessment of $200,000.
To add insult to injury, said Lowery, the waterway is nothing more than polluted stagnant water, which has never shown signs of fish in the decades she's lived there.
"It hurts to feel like non-existent fish are worth more than I am," she said.
Lowery spoke to locals about her dire situation, and outspoken downtown property owner Peter Legere stepped up to help her out.
Legere said the waterway is actually part of Squamish's stormwater drainage system, and the reason evidence of fish habitat exists at all is because the dilapidated system allows seawater into it.
Legere said he's been studying and appealing to the district to fix the downtown drainage system for decades.
"I hate to see things not running properly," he said.
Legere and Lowery appealed to the District of Squamish to for help during a meeting with Mayor Greg Gardner.
"When I left I was confident that they would go to fisheries and tell them what had happened, and that basically this waterway would be taken out of the [fish habitat] inventory and that would just solve most of the problems," said Legere.
Instead, Lowery received a letter from Squamish's environmental technician Brooke Carere explaining the Fish Protection Act's riparian areas regulation (RAR) applies to ditches connected by surface flow to a fishbearing body of water.
"Therefore, regardless of fish presence, the stream on Ms. Lowery's property provides a function of fish habitat," states Carere.
She said redevelopment would have to involve a Qualified Environmental Professional assessment, which could cost between $1,000 and $3,000. However, she added, the RAR does "not render the property worthless."
"Although setbacks (likely minimum) will be required, there is plenty of opportunity to explore creative design strategies that value the natural environment and support healthy ecosystems."
Legere blasted the decision in a letter of reply.
"Barbara Lowery has been victimized by staff incompetence, and the only solution is to hire professionals with money she doesn't have to prove what anyone who paid attention in high school biology can tell merely walking along the dyke? Give me a break," he wrote.
DFO habitat biologist Francesca Knight - formerly with the District of Squamish - said the waterway is not a stormwater drainage ditch, but is actually a part of the Cattermole Slough. There is hope, however.
Knight said she is willing to write a letter to the municipality and to the appraiser stating her office waives the fisheries regulations since the dike that exists between the waterway and the rest of the property would adequately protect the fish habitat.
But Gardner said more research has to be done to officially exempt the property from the RAR.
"We received this same information from DFO yesterday," wrote Gardner in an email to The Chief Tuesday (April 27). "Our staff will be considering the effect of this later this week. The fact that riparian setbacks are tri-jurisdictional issues does complicate these matters."
Meanwhile Lowery said the stress has been causing her to have anxiety attacks and is further impeding her health.
"I may be dead before this is all settled," she said.
