NOTL council now awaits Solmar's next moves on Rand Estate property

Niagara-on-the-Lake Deputy Lord Mayor Erwin Wiens isn’t a fan of council matters being taken to the Ontario Land Tribunal. 

One that was recently given an interim decision, the Rand Estates subdivision in Old Town, has cost the town about $3.5 million, he told The Local in an interview on Thursday, six days after a ruling from the tribunal that offered a mix of positions. 

Through the OLT decision, an Official Plan amendment has been approved to reflect the urban area boundary as a straight line and to redesignate the lands from agricultural to low-density residential, says a news release from the town, which also adds it will align the town’s boundary line with one in Niagara Region’s Official Plan. 

But the tribunal also ruled that the developer, Solmar, must resolve a number of matters before a draft subdivision plan is considered for approval, such as heritage impact assessments, a solution for emergency access to the proposed 196-unit subdivision, as well as plans for tree preservation and storm water management. 

The hearing ran off and on from April to August and is a result of council originally denying the project to move ahead. 

Wiens said this matter “isn’t finished” as Solmar still has the ability to move ahead if they intend to pursue the revisions and studies recommended by the tribunal. 

Solmar has two months to indicate its next plans, starting at the date of the Oct. 11 decision from the OLT. 

“Costs keep mounting” with this matter and Wiens said he would much rather have preferred a negotiated settlement between involved parties, which are the town, Solmar, and Save Our Rand Estate (SORE), a grassroots group who has been fighting this project for years, as well as residents Brenda and Blair McArthur.

“That is a huge concern for me as we go into budget talks,” said Wiens, who is one of three councillors who voted last year to allow the project to move ahead. “I would rather communicate than litigate."

He called the Rand project a “very expensive file,” and said that “once you go to the OLT, there is no winner.” 

The Randwood Estate has long been a property of significant heritage and community interest, the town said in its news release. 

“Both council and staff are dedicated to continuing our efforts to balance development with the protection of our town's cultural and historical assets,” the statement continued, adding that the municipality “respects” the OLT ruling. 

Council will be briefed on the details of the ruling by the town's legal team at the earliest opportunity and will determine the appropriate next steps pending Solmar's decision to proceed, said the news release. 

Lord Mayor Gary Zalepa said the OLT decision is the result of an appeal triggered due to the non-decision of the previous term of council.

“During this term of Council (2022-2026), we identified significant heritage attributes of the property and I'm pleased that the OLT decision has recognized the importance of those attributes in their ruling,” said Zalepa in the town’s news release. 

He thanked the town’s planning team, who supported council through this process. 

“The recommendations of our professional planners have been recognized in the OLT's decision, which requires the protection of many of the heritage assets and the recognition of the site as a cultural heritage landscape,” said Zalepa. 

He also noted that this OLT hearing has consumed considerable time and financial resources for all parties involved.

“From the town's perspective, these costs have had a significant impact on our budgets,” he said. 

“We now look forward to hearing from the applicant regarding their next steps, and the Town remains open to meeting and discussing the path forward,” added Zalepa. 

Benny Marrotta, owner of Solmar, did not respond on Thursday to a voicemail left for him by The Local.