Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 13, 2021
CASE NO(S).: PL200201
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Burgess Heritage Group Inc.
Subject: Request to amend the Official Plan - Failure of Town of Grimsby to adopt the requested amendment
Existing Designation: Neighbourhood Commercial Areas
Proposed Designated: Site Specific (To be determined)
Purpose: To permit a 5-storey mixed use building
Property Address/Description: 133 and 137 Main Street East
Municipality: Town of Grimsby
Approval Authority File No.: 26O-16-1901
OLT Case No.: PL200201
OLT File No.: PL200201
OLT Case Name: Burgess Heritage Group Inc. v. Grimsby (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Burgess Heritage Group Inc.
Subject: Application to amend Zoning By-law No. 14-45 - Refusal or neglect of Town of Grimsby to make a decision
Existing Zoning: Neighbourhood Commercial
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 5-storey mixed use building
Property Address/Description: 133 and 137 Main Street East
Municipality: Town of Grimsby
Municipality File No.: 26Z-16-1904
OLT Case No.: PL200201
OLT File No.: PL200202
Heard: October 1, 2021 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Burgess Heritage Group Inc. (“Appellant”) | Johanna Shapira |
| Town of Grimsby (“Town”) | Tom Halinski |
| Losani Homes (1998) Ltd. | Denise Baker |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON OCTOBER 1, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) of the Tribunal for Case No. PL200201, concerning an appeal by Burgess Heritage Group Inc. The Appellant is seeking an official plan amendment (“OPA”) and a zoning by-law amendment (“ZBA”) to permit the development of a 5-storey mixed use building on 133 and 137 Main Street East (the “subject site”). The site is currently occupied by a European Beech Tree and a 2.5-storey brick building designated under s. 29 of the Heritage Act, and is planned to be restored, relocated and incorporated within the development proposal. The development includes 148 residential units and 305 square metres of ground floor commercial.
2This case has been on hold pending changes to Ontario’s Heritage Act and a related heritage application by the Appellant. Changes to the legislation are now in place and the Appellant’s application has been submitted, but not determined by the Town. Nevertheless, an appeal of the heritage application is anticipated, and the parties agree that it would be most efficient to deal with the OPA, ZBA and heritage application in a consolidated hearing, given that the issues and evidence overlap significantly.
REQUEST OF STATUS
3On consent of the parties, the Tribunal granted party status to Losani Homes (1998) Ltd. (“Losani”). Losani owns lands and has a proposed development immediately next door to the subject site. That proposed development is also subject to an appeal to the Tribunal, being Case No. PL210286. Losani explained that their interest in the matter is limited to ensuring a coordinated effort to develop both properties, especially from an infrastructure standpoint.
4Ruxandra Bucataru attended the proceeding on behalf of the unincorporated group SaveMainStreet, which she stated has more than 460 Grimsby members and supporters, seeking participant status. On consent of the parties, the Tribunal granted participant status with Ms. Bucataru as the group’s representative.
MEDIATION AND SETTLEMENT
5The Tribunal explored the possibility of mediation and settlement with the parties. The parties confirmed that they continue to make efforts to scope the issues and resolve the matter.
PROCEDURAL ORDER AND ISSUES LIST
6Due to the fluid nature of this matter, given the outcome of the heritage application being still pending, the parties did not have a final version of a draft Procedural Order (“PO”) to provide the Tribunal. However, the Tribunal did receive a working copy.
7The parties proposed that a final copy be due March 15, 2022, which comes after the statutory time period associated with an appeal of the Appellant’s heritage application. The parties indicated that they should have a clearer understanding of the full issues by that time.
THIRD CMC and HEARING
8Upon request of the parties, the Tribunal set a third CMC to review the draft PO and possibly consolidate the current appeal with an appeal respecting the heritage application, commencing on Friday, April 8, 2022 at 10 a.m. by VH. No further notice is required for the hearing.
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Access Code: 309-562-133
9Upon request of the parties, the Tribunal set a 14-day hearing commencing on Tuesday, October 18, 2022 at 10 a.m. by VH. No further notice is required for the hearing.
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Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 415-268-829
10Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections.
11Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line. The Access Code is as indicated above.
13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the VH to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
14The Tribunal Orders that:
The date and particulars of a third CMC and hearing are set out above;
A draft PO is due to be filed with the Tribunal no later than March 15, 2022;
Losani Homes (1998) Ltd. is granted Party status;
Ruxandra Bucataru is granted Participant status as the representative for the unincorporated group SaveMainStreet; and
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.