Rand Estate access suggestion uses portion of Heritage Trail

The Town of Niagara-on-the-Lake is making an offer to a developer behind a proposed subdivision that’s currently before the Ontario Land Tribunal and has been opposed by a citizen’s group since 2018.  

Solmar owner Benny Marotta’s plan for The Rand Estate on the properties of 200 John and 588 Charlotte Streets is to build 172 residential units, but access driveways continue to be a key issue.

In a special council meeting on Dec. 15, local politicians held a closed session discussion, and returned to the public meeting with a resolution about the need for a constraint-based approach with development related to matters such as stormwater grading and cultural heritage attributes.

The developer is proposing accessing the property from 200 John Street, but the town says if that’s what is used, the site could accommodate less than 10 units.

However, the town’s resolution states that if an access at Charlotte Street is used, an appropriate level of intensification could take place there. But it would intersect with a portion of the town’s Upper Canada Heritage Trail, a recreational pathway currently getting a makeover.  

A request to use that access would have to come from the developer, and could be an “opportunity to celebrate and improve” the existing trail, serving as a gateway feature, said the resolution, which was read by town clerk Grant Bivol once council resumed in the open session on Dec. 15.  

“Proper road access is feasible” through this approach, the town is saying, also noting that a public process would need to unfold.  

But Solmar is “unwilling to secure” the historical access, between 144 and 176 John Street, from an affiliated corporation, according to the municipality.  

Save Our Rand Estate (SORE) is a citizen’s group who has been vocal about the proposed development. 

On the group’s website, it says they suggested the access now being recommended by the town. The group also refers to it as the “historical” John Street access. “However,” SORE’s recent website update says, the resolution states, with Solmar so far “unwilling” to secure that access from its sister Marotta company that owns that part of the Rand Estate, “Mr. Marotta is refusing to make that access available to himself.”

During a heritage trail committee meeting on Dec. 20, the recommendation that an access over the trail be explored was raised by committee vice-chair Tony Chisholm, who said he was looking for more details about the possibility. 

“We have no information on this whatsoever,” said Chisholm.

Parks and recreation manager Kevin Turcotte, the lone staff representative on the trail committee, quickly shut down the discussion and provided advice. 

“I want to caution the committee that what we’re going down the alley of is still an ongoing litigation,” said Turcotte.  

He said he will consult with the municipality’s legal team and find out how the trail committee can be part of the process as it continues.  

This satisfied Chisholm.  

“We all agree that we’d like to be involved,” he said.  

“We want to make sure the trail isn’t compromised in any way,” he added.  

Related to the proposed subdivision, the town is also recommending it doesn’t exceed 135 units, if the access pitched by council is requested.  

Another condition, which SORE’s update “welcomes and applauds,” is the continued support of the Denise Horne report. Horne, while still a heritage planner with the town — she has since left — set out conditions for heritage preservation on the site, rejecting the majority of the requests to either alter, move or demolish heritage aspects of the estate.

The Ontario Land Tribunal hearing on the subdivision application is expected to be held in March.

Developer Benny Marotta told The Local he has no comment about whether his team will act on the resolution brought forward by council, but added, “We’re happy to work with the town going forward.”