Rand hearing talks trees and impact of farming on residential neighbours

The fifth week of an Ontario Land Tribunal hearing focused on a proposed subdivision in Niagara-on-the-Lake has concluded, with discussion about a number of elements related to the development.  

Solmar Development has filed appeals related to town decisions over plans to build up to 196 homes on the historic Rand property in Old Town.  

Thursday’s proceedings concluded with discussion about the possibility of adding another additional week of hearing dates to the schedule.  

Initially planned to run until May 17, more dates had already been previously tacked on fromJuly 29 to Aug. 2.  

It appears another four more days may be included in August, but counsel from all involved parties as well as tribunal panel members agreed this could be sorted out next Wednesday when the hearing resumes.  

Landscape architect Brendan Stewart, a witness called by Save Our Rand Estate (SORE), a grassroots group opposed to the developer’s plans, took the virtual stand Thursday to deliver evidence. He was also joined on the same screen by architect Michael McCLelland.  

Stewart addressed the property’s “sunken garden,” and said the developer needs to take a broader view of that area near the panhandle — a spot where the developer is proposing the main access to the subdivision be located.  

Also part of the discussion was whether large trees on the property were part of the renowned Dunnington-Grubbs landscape plan. “I think it’s appropriate to think about how landscape architects work,” said Stewart, noting they often “work with existing elements,” such as trees.  “How we define what begins and what ends as their work I think is a bit grey,” he said.  

Stewart also spoke of the importance of the whistlestop area and its historic value, noting a former rail line that ran near it signifies the Rand family’s connection to Buffalo and Western New York.  

Agricultural expert Hugh Fraser was another SORE witness who participated this week, taking the stand on Wednesday.  

The focus of his comments were nuisances and irritants caused by agricultural lands that abut residential developments, and in this case what the impacts with the nearby vineyard could be.  

Even more specifically, he talked about the “urban-agricultural edge,” the border between the proposed development and the nearby grape-growing operation.  

He said a public walkway, not just a fence, should be built between both parcels “to create more separation.”  

This is important when keeping in mind a long-term plan and the ever-changing landscape, he noted, and that theft, vandalism, and trespassing are problems that farmers deal with everywhere. 

Fraser said if just a fence divides the subdivision and vineyards, that could result in residents thinking the fields “are an extension of their property,” and that gates may end up being installed leading to the grape fields.  

“That’s not something we want to see at all,” he said.  

The vineyard next to the proposed development, Two Sisters Winery, is also owned by Solmar, Fraser said, and admitted they run a “top-notch” operation.  

He said a walkway would be a “literal and physical line in the sand,” and create a “delineation of ‘this is mine and this yours.’”  

Fraser also opined that the fence should be board-on-board.  

Anne Mcllroy, an architect and witness for SORE, began delivering evidence late Monday, which continued through. Tuesday’s proceedings as well. She raised issues with the need for a proper emergency access and Solmar’s plans for the whistlestop not creating enough privacy for homes, among other things.   

Former town heritage planner Denise Horne took the stand all day Monday, with most of the dialogue related to a report of more than 800 pages she brought to NOTL council last April, containing several recommendations.    

The tribunal only meets two days next week, Wednesday and Thursday.

It is expected McLelland and Stewart will be cross-examined by Solmar lawyer Mark Flowers.  

This will be followed by the next witness on the schedule, Michael Ormston-Holoway, a landscape architect and arborist, who will take part as a witness for the town.