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The Lake Report Iamarino During a Hear- Ing on Nov Marotta addresses NOTL Lakereport.ca / Niagaranow.com LakeThe residents with letter Report| Page 6 Hyper-local news for Niagara-on-the-Lake Vol. 3, Issue 1 Niagara-on-the-Lake’s most respected newspaper January 9, 2020 Wells of Hope volunteers Town, Marotta face off in court pack shipping container over historic Rand Estate bound for Guatemala Judge reserves decision after hearing two days of legal arguments Volunteers spend two days sorting and packing a shipping container full of useful items to send to the poor mountain regions of Guatemala. RICHARD HARLEY Story on Page 8 Artist with NOTL roots turns focus back to town Early plans for a hotel at the Rand Estate on John Street. SUPPLIED Richard Harley want to build a conference the town could not properly appeals to the Conservation Editor centre/hotel and a subdi- identify heritage aspects Review Board, Melling said, vision on the combined in its notice of intention to and is involved in an ongo- After two days of hearing properties. designate and planned to ing pre-hearing settlement extensive legal arguments in Solmar, owned by change those aspects later conference. a St. Catharines courtroom, developer Benny Marot- in the process and that the Snider said there’s “no rea- a judge will now decide if ta, is challenging the town’s notice violates the town’s son to believe” town council the Town of Niagara-on- decision to declare a notice official plan. would ignore the conserva- the-Lake acted properly of intention to designate all Town lawyer Scott Snider tion board’s findings. when it announced plans for four properties as histori- asked the court to dismiss However, Melling pointed NOTL native Scott Steele is bringing his focus back to historical designation of the cally significant. Solmar’s claim entirely, ar- out council ignored the Niagara-on-the-Lake, with a gallery planned to open in Rand Estate. The development plans guing the case doesn’t actu- advice of its own heritage spring. RICHARD HARLEY The legal case over the are also opposed by resident ally belong in the Superior committee and staff. historic designation of the activist group SORE, which Court, but that instead the The Ontario Heritage Act Story on Page 20 property kicked off in full previously was granted developer should take any is not supposed to disregard force Monday and Tuesday party status in the case. requests to alter the land to a property owner’s rights, he in Superior Court, with the The courtroom was the Conservation Review told the court. Hometown Traveller: Town of NOTL and Save packed with Niagara-on- Board in the interim, where He said he concedes the Our Rand Estate (SORE) the-Lake residents as Two it would be reviewed by act exists to support heri- on one side and Two Sisters Sisters lawyer Michael experts on heritage issues. tage, but that’s only “half Caught up in Hungary Resorts and Solmar Devel- Melling urged Walters to He argued Solmar must the story.” The property opment Corp. on the other. order the town’s designation first seek administrative owner’s rights must also be Justice Linda Walters has notice be dropped. remedies before taking the balanced, he said. reserved her decision in the His multi-part argument matter to court and that the Melling argued there are case. included allegations that: court should refuse to make “little grounds to designate” The legal battle stems the town didn’t follow prop- the decision without “expert all four Rand Estate proper- from a contentious plan to er guidelines of the Ontario advice” from the Conserva- ties and that the town did develop the four properties Heritage Act, the outline tion Review Board. so illegally according to the of the Rand Estate, a five- of heritage features on the “There are no exceptional heritage act. hectare site located behind properties is unconstitution- aspects here to support the There was “no effort” a stone wall on John and ally vague and therefore it’s court’s interference,” Snider in staff reports to explain Statue of Stephen, first king of Hungary, in Fisherman’s Charlotte streets. impossible for the developer said. Bastion, a World Heritage Site in Budapest. DON CAMERON Two Sisters and Solmar to know what work is legal, Solmar has submitted Continued on Page 2 Story on Page 18 Page 2 Age has its privileges! January 9, 2019 20%* off for those over 60 Pharmacy: 1882 Niagara Stone Rd | Virgil| | 905.468.2121 TWICE a month third Wednesday AND last Thursday. Apothecary: 233 King St | Niagara-on-the-Lake | 905.468.8400 *Regular-priced merchandise only. Excludes prescriptions, Philips Sonicare & Muse products, MEET THE NEWS www.simpsonspharmacy.ca | Free Delivery From Both Locations special orders, lottery, transit passes and codeine products. Applicable to 60 and over. Town, Solmar face off in court over designation Continued from Front Page “Council has no obliga- “The point is, these aren’t tion to take the advice of easy questions,” he said. how the heritage aspects the (review board),” he SORE lawyer Rich- meet the act’s criteria, he said, noting council added ard Stephenson challenged said, adding his client and attributes to the notice to the idea that Solmar doesn’t the public weren’t properly designate contrary to staff know the heritage aspects, informed about the plan to suggestions. citing a report from August designate. The town charged Solmar 2019 by Solmar’s heritage The description of heri- with illegally cutting down consultant Leah Wallace, tage aspects was only given trees, after nearly 200 trees which outlined specific after the fact and the town were cut down on one of the heritage aspects. only did its research after estate properties, sparking a He said Wallace found the notice was in place, public outcry. that the landscape is part from July 2018 to March Melling said his client of the heritage value of the 2019, he said. never received any informa- property and there’s just “If the town has not tion that the trees removed a disagreement on which One of the stone arch entrances to the Rand Estate. DARIYA BAIGUZHIYEVA/FILE PHOTO identified heritage aspects, were considered heritage parts need protecting. how can a (notice) meet the aspects of the Rand Estate, Solmar kept the docu- Solmar had a permit against Solmar to that of a from being destroyed.” criteria?” he said. “This, and that there was no map ment to itself for months from the Niagara Peninsula person receiving a speeding “Not everything in life FAMILY your honour, is the public from the town that properly before disclosing it to the Conservation Authority ticket without ever knowing can be regulated like a nu- record of the decision-mak- outlined which parts of town, court heard, after the (NPCA) to cut the trees, what the speed limit was, meric speed limit,” Snider ing process.” the estate were considered town requested the report Melling said, though the saying there’s no ground said. Snider argued that heritage attributes. be done. town claims it was expired. for criminality if there’s no Melling also said the whether the property meets “To this date, there is no If the heritage attributes He said the town should understanding of the crime. notice of intention is pre- the standard is a matter for way to tell what are and include the Dunnington- adopt a comprehensive tree “There can be no legal mature and is negatively the heritage bylaw, not the are not surviving elements Grubb landscape, and Sol- bylaw, as is common across debate. In order for that affecting his client. notice to designate, and that of the Dunnington-Grubb mar isn’t clear about what is the country. debate to happen, the town The town and SORE are Niagara’s since there is no bylaw yet, landscape,” Melling said. and is not legal, the com- Snider pointed out the and SORE needed to tell my now telling his client no the heritage act require- “Does this mean all ma- pany should refrain from NPCA has no authority over client what the illegal acts work can be done, he said, ments don’t apply. ture trees and plantings are doing work or apply to the the heritage act. are,” he said. even though so far the town He said it’s also not rel- heritage aspects?” municipality for projects it He said that when the Solmar agreed it would doesn’t have the ability or evant that the town ignored Melling argued the terms wishes to complete, Snider trees were cut, Solmar had designate the property at knowledge to advise Solmar advice from its own staff. in the notice to designate, said. only provided one day’s the site plan approval stage, about the heritage attributes, “If there was a lawsuit such as “mature trees and Certain aspects of the notice. But Melling argued which Melling said means nor does Solmar know what every time council didn’t planting” were not specific property have existed for that no notice was actually only after it’s approved. It’s the heritage aspects are, and follow staff’s advice, we’d enough, and that even the 100 years, Snider said, and required at all, and that one now in the design phase and it’s too early to know if the be knee-deep in bylaw town can’t specifically de- Solmar only purchased the day is sufficient time for the therefore the designation is notice of intention is valid legality,” he said. fine the heritage aspects. lands two years ago.
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