Rand hearing comes to a close

All the evidence has been delivered in an Ontario Land Tribunal hearing over the proposed Rand Estates development in Niagara-on-the-Lake's Old Town.  

The hearing began April 8, paused in mid-May, and then resumed again on July 29 before concluding on Wednesday.  

Close to 40 witnesses called by four parties with status in the proceedings delivered evidence and were cross-examined.  

Now, the panel will be tasked with weighing what was discussed in the proceedings to arrive at a decision.  

The hearing is a result of the Town of Niagara-on-The-Lake turning down the proposed subdivision, which led to the developer, Solmar, filing appeals.  

The process was overseen by OLT vice-chair Scott Tousaw and member Daniel Best.  

It is unknown how long it will take for a verdict to be delivered.  

While many tribunal decisions are issued within 30 to 60 days of the event, “some matters may take longer, depending on the complexity of the issues,” explained OLT spokesperson Elizabeth Meneses Del Castillo in a statement to The Local.  

With party status in the hearing were the town, developer Solmar, grassroots organization Save Our Rand Estate (SORE), and nearby residents Blair and Brenda McArthur, who live at 210 John St. 

A number of matters were discussed during the hearing, which included tree preservation, traffic, the protection of heritage attributes, drainage, water and wastewater, and more.  

One issue that perhaps received the most attention was access to the proposed subdivision, which could see up to 196 homes built, if approved.  

The “panhandle” access at 200 John St. Is the preferred entrance by the developer, but has been opposed by the other parties.  

Another potential access along Charlotte Street at the nearby municipally-owned heritage trail, running along the rear of the Rand property, was initially given the green light by council. However that decision was rescinded shortly after and is now out of consideration.    

A total of 38 witnesses were called to the stand in the hearing, which was held virtually.  

SORE is glad to see the end of the evidentiary phase of the OLT Rand hearing, said Judy McLeod, a member of the group.  

“It's been an extensive effort, working collaboratively with the town, to attempt to ensure that the Tribunal has the best available evidence and understands the issues at the level that SORE and its experts do,” she said in a statement.  

She said SORE is grateful for the town's support throughout this hearing, and that there was “very little daylight between the town's and SORE's position on virtually all the issues.”  

The tribunal was engaged and attentive, she said.  

We are cautiously optimistic that the order sought by the Town, which SORE supported, will be granted by the tribunal.  Both the town and SORE have asked the tribunal to deny the application, but to give developer Benny Marotta and his company Solmar an opportunity to bring back before the Tribunal an “approvable subdivision,” wrote McLeod.  

“The elements of what constitutes an approvable subdivision from both the town's and SORE's perspective include conservation and enhancement of the protected heritage resources on the Rand Estate, protection of the natural environment, a road access plan that integrates the entire Estate and avoids the 200 John St. panhandle and a density of just over half of what Mr. Marotta is seeking approval for,” she said.  

She said SORE does not expect a quick decision from the tribunal, but is looking forward to a resolution.